PAMPA, TEXAS

                                       "Serving Pampa With Pride"

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Family Violence

 

Battering is the single largest cause of injury to women in the U.S. It exceeds rapes, muggings, and auto accidents combined. Conservative estimates place the figure at over 3 million victims each year.

Family violence costs the nation from $5 to $10 billion annually in medical expenses, police and court costs, shelters and foster care, sick leave absenteeism, and non-productivity.

Texas Family Code defines Family Violence as: an act by a member of the family household that is intended to result in physical harm, bodily injury, assault, or sexual assault, or that is a threat that reasonably places the member in fear of imminent physical harm, bodily injury, assault, or sexual assault, but does not include defensive measures to protect oneself.

Texas law enforcement personnel are required under Chapter 5-Family Violence Prevention, Texas Code of Criminal Procedure, to document all acts of family violence and take appropriate action under the circumstances then existing at the time of disturbance. Depending on the circumstances the officer will at least take a written report to document the incident all the way up to making an arrest without warrant, on scene, of the offending party(ies). Most family violence calls result in arrest at the time of the incident. (Note: The purpose of documenting family violence incidents (verbal disputes to various forms of assault), regardless of the outcome, is to give the victim of family violence a information repository to draw from when that person(s) decide to get out of an abusive situation and will aid that person, with the necessary documentation, in obtaining "protective orders" and/or assistance from "victim rights organizations" in an effort to break the family violence cycle and get the victim(s) on the way to a better life.)

One of the tools used in combating family violence is the use of "protective orders". Protective Order is a legal document that has certain terms included that restricts an offending individual(s) to refrain from certain acts of violence, contact with the victim and/or other family members, etc. Violations of protective orders are enforceable by criminal sanctions.

 

Types of Protective Orders

 

Temporary (Ex Parte) Protective Orders 

  1. As the title suggests this is temporary order that is issued by the County Court and is served upon the offending party to immediately, upon notification, cease and desist in whatever conduct that resulted in the order to be requested for and issued.

  2. This order has a 20 day life at which time there is a hearing held in County Court to ascertain whether or not the temporary protective order should remain in force and made permanent or discontinued. 

  3. Consult with County Attorney's Office for application of protective order.

 

Permanent Protective Order

  1. As the title suggests the temporary protective order has been upheld and made permanent for any length of time as specified by the Court, usually for a minimum of a year. 

  2. Violations of a permanent protective order are punishable by criminal sanctions.

 

Magistrate's Emergency Protective Order

  1. A magistrate's emergency protective order has been set up to fill the time gap associated with the issuance of a permanent protective order. 

  2. The order is good for 31 days from the date of issuance. 

  3. The order is served on a defendant of family violence, either at the request of the victim and/or upon recommendation of law enforcement personnel, while the defendant is in custody. 

  4. The defendant, after being served, is allowed a one time visit to his/her residence to retrieve personal items ONLY and accompanied by a law enforcement officer after which the defendant is restricted from the residence until the expiration of the order and/or if the order is terminated. 

  5. Violation of this order has criminal sanctions punishable as a felony grade offense.

 

NOTICE: ONCE A PROTECTIVE ORDER HAS BEEN ISSUED THE VICTIM CAN NOT SUPERCEDE THE ORDER BY ALLOWING THE DEFENDANT BACK ONTO THE PROTECTED AREA(S), AS SET OUT IN THE ORDER, WHILE THE ORDER IS IN FULL FORCE. IF THE DEFENDANT IS FOUND ON THE PROPERTY IN VIOLATION OF THE PROTECTIVE ORDER HE/SHE IS SUBJECT TO ARREST WITHOUT WARRANT FOR SAID VIOLATION. IN ORDER FOR THE PROTECTIVE ORDER TO BE VOIDED THE VICTIM MUST PETITION THE ISSUING COURT FOR TERMINATION OF SAID ORDER AT WHICH LAW ENFORCEMENT PERSONNEL WILL BE SO ADVISED.

 

Agencies that provide assistance for

Victims and their families

 

  • Local law enforcement agency

  • Tralee Crisis Center 

          24 Hour Hotline Toll Free (800)-658-2796

          Office (806) 669-1131

          Web Site: http://www.pan-tex.net/usr/t/tralee

  • Texas Department of Protective and Regulatory Service 

           Pampa Office (806)669-1888

           Adult and Child Abuse Hotline (800)252-5400

           Charged with protecting children, and adults who are elderly or have disabilities living at home            or in state facilities, and licensing day care centers, and registered nursing homes.

  •  Texas Council on Family Violence

           Office (512)794-1133

           8701 N. MoPac Expressway, Ste. 450, Austin, TX 78759

           A statewide coalition of battered woman's shelters and related organizations. They provide            support, training and technical assistance to battered women's shelters, and other agencies            serving families in crisis. 

  • Crime Victims Compensation Fund Coordinator, Gray County District Attorney's Office

           Office (806)669-8035

           Gray County Courthouse, Pampa, TX, 3rd Floor

           Also Tralee Crisis Center Personnel can help in this area as well.

 

Notice to Adult Victims of Family Violence

 

1.    It is a crime for any person to cause you any physical injury or harm (even if that person is a        member or former member of your family or household).

2.    Please tell the investigating peace officer: 

  • If you, your child, or any other household resident has been injured;

  • If you feel you are going to be in danger when the officer leaves or later. 

3.    You have the right to: 

  • ASK the local prosecutor to file a criminal complaint against the person committing family violence; and 

  • APPLY to a court for an order to protect you (you should consult a legal aid office, a prosecuting attorney, or a private attorney). For example, a court can enter an order that:

    a.  the abuser not commit further acts of violence;

    b.  the abuser not threaten, harass, or contact you at home;

    c.  directs the abuser to leave your household; and

    d.  establishes temporary custody of the children and directs the abuser not to interfere with the children or any property. 

  • A violation of certain provisions of court ordered protection (such as (1) and (2) above) is a criminal offense.

 

Crime Victims Bill of Rights

 

As a victim, as the guardian of a victim, or as the close relative of a victim, you have the rights in the Texas criminal justice system. Among these are:

  1.  The right to protection from harm and threats of harm, arising from cooperation with peace officers or prosecutors.

  2. The right to have your safety, and that of your family, taken into consideration when bail is set.

  3. The right to be informed about court proceedings, including whether they have been canceled or re-scheduled.

  4. The right to information about procedures in criminal investigations.

  5. The right to information about procedures in the criminal justice system, including plea bargaining.

  6. The right to tell a probation department conducting a pre-sentencing investigation about the impact of the offense on you and your family.

  7. The right to be informed about the Crime Victims Compensation Fund, the payment of certain medical expenses for victims of sexual assault, and of the availability of social service agencies that may provide assistance.

  8. The right to be notified about parole proceedings.

  9. The right to include information in the defendant's file to be considered by the Board of Pardons and Paroles.

  10. The right to be present at all public court proceedings related to the offense, if the presiding judge approves.

 

 

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