Texas adults are able to file Applications for Protective Orders to protect their families from violence. The police can arrest a person violating the protective order. The victim gets immediate protection. The violator sits in jail, until his hearing for violating the protective order.
The Texas legislature is moving to increase protection for victims of family violence. In SB 819, the jurisdiction of a court is expanded to allow it to enforce protective orders from another court. If a woman gets a protective order in Dallas and moves to Tyler, the Tyler court could enforce violations of the Dallas order. The witnesses would be in Tyler, so the Tyler court hears the case.
The Tyler court would also be able to enforce a protective order through contempt.
With regards to a “dating relationship” that becomes abusive, an Application for a Protective Order may be filed by a member of the dating relationship, even if the applicant is a child. The child may sign a statement under oath, which will be accepted by the Judge.
The child may be a 15 year old girl dating a violent 20 year old man.
The child may also be a 9 year old girl of a single mother dating a violent man.
SB 819 adds another warning to would be violators, as if drug addicts or abusive spouses read warnings.
“Dating violence” is expanded to include conduct directed against a child. Hitting the mother is family violence. Hitting the mother’s 9 year old girl would also be family violence. Being nice to mommy is not a defense to acts of violence against her 9 year old girl. Indeed, if the mother is in a coma and cannot take action, her 9 year old girl can ask for a protective order on her own.
The legislative session ends May 30th. If SB 819 passes, it will take effect and the trouble will begin September 1st.
Showing posts with label Protective Order. Show all posts
Showing posts with label Protective Order. Show all posts
Friday, April 22, 2011
Thursday, April 7, 2011
Child's Hearsay in Domestic Violence Protective Hearing
Child's Outcry in Criminal Cases: Written statements from abused children, on a case by case basis, are allowed in Texas criminal cases. If the Court finds the statement reaches the level of reliability that the child's testimony would be admissible, then the statement is allowed. The idea is to get the truth and protect a child from further domestic violence. Testimony from a child has the potential of intimidation or revenge for making an outcry. A child should be protected from his abuser. A child should be protected from the rigors of the courtroom.
Similar Provision in Texas Family Code: A similar provision in the Texas Family Code, on a case by case basis, allows a child's written statement that describes his abuse to be admitted into evidence. Once again, the Court determines the reliability of the written statement in a hearing, away from the jury, to determine the reliability. Was the child's written statement the result of manipulation or is it reliable? A Texas family lawyer sees cases in which neither the adults, both accuser and the accused, have the morals of an alley cat. Or, perhaps they do not have the morals of an alley cat. The appeals in these cases show that the real fight comes in the hearing to determine the reliability of the written statement. Showing the reliability of the statement is trickier than it would first appear.
New Act for Protective Order Hearings: Now the Texas Legislature has taken up House Bill 905 to allow the same kinds of written statements to be used in hearings on Applications for Protective Orders. The written statement of the child, 12 years and younger, that describes family violence against the child will be admissible. The new Act follows the prior Texas laws and brings consistency to the protection of children in Texas Courts. If it passes, the new Act will take effect on September 1, 2011.
Protecting abused children is good: House Bill 905 appears to be a good Act to bring consistency to the legal system. Protecting abused children is good. Protecting children from domestic violence is good. Getting to the truth is good. Creating exceptions to the Hearsay Rule is always a bit scary to this lawyer. However, that protecting abused children is more important than my comfort level with a rule of evidence.
Similar Provision in Texas Family Code: A similar provision in the Texas Family Code, on a case by case basis, allows a child's written statement that describes his abuse to be admitted into evidence. Once again, the Court determines the reliability of the written statement in a hearing, away from the jury, to determine the reliability. Was the child's written statement the result of manipulation or is it reliable? A Texas family lawyer sees cases in which neither the adults, both accuser and the accused, have the morals of an alley cat. Or, perhaps they do not have the morals of an alley cat. The appeals in these cases show that the real fight comes in the hearing to determine the reliability of the written statement. Showing the reliability of the statement is trickier than it would first appear.
New Act for Protective Order Hearings: Now the Texas Legislature has taken up House Bill 905 to allow the same kinds of written statements to be used in hearings on Applications for Protective Orders. The written statement of the child, 12 years and younger, that describes family violence against the child will be admissible. The new Act follows the prior Texas laws and brings consistency to the protection of children in Texas Courts. If it passes, the new Act will take effect on September 1, 2011.
Protecting abused children is good: House Bill 905 appears to be a good Act to bring consistency to the legal system. Protecting abused children is good. Protecting children from domestic violence is good. Getting to the truth is good. Creating exceptions to the Hearsay Rule is always a bit scary to this lawyer. However, that protecting abused children is more important than my comfort level with a rule of evidence.
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