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January 15, 2019

Family Violence Continues to Rise | Protection is Available | Get Help

The rate of family violence continues to rise.

Each year, the Texas Council on Family Violence identifies women killed by male intimate partners. The purpose is both to honor their memories and raise awareness of family violence. In 2017, 136 women were killed by a male intimate partner in 42 Texas counties. As a result, 211 children will grow up without their mothers. Harris county had the highest rate. 

The youngest of these victims was only 14 years old.

When people think about family violence, they assume that it is between a husband and wife. However, it is not so.  41 of the 136 victims were girlfriends of the perpetrators.

In 2015, several organizations turned down 39% of the requests for shelter from an abusive relationship because of lack of resources. Also, they could not meet 15, 869 requests for emergency shelter. Where do these victims of domestic violence go after the event? We do not know. 999 requests are turned down nationally each day. But, there is hope.

Fairway Legal started as an online resources for victims and survivors of family violence. This non-profit organization is a solution to a recurring problem in familial conflicts and family courts: Violence.

With the increase in family violence and impact on children, Fairway Legal strives to reach more victims and survivors. Specifically, it provides legal services, mental counseling, and basic necessities, including information to local shelters to victims who: 1) cannot afford the services and 2) who do not qualify for assistance from other organizations.

The Texas Family Code offers a broad definition to family violence which allows more protection for victims of family violence. It is not limited only to those living in a marriage relationship. Protection Order is available for dating violence.

Section 71.004 defines family violence as “an act by a member of a family or household against another member of the family or household that is intended to result in physical harm, bodily injury, assault, or sexual assault.”  The word “household” is defined as “a unit composed of persons living together in the same dwelling, without regard to whether they are related to each other.”

This broad definition of family violence provides protection to persons who find themselves living with someone in the same dwelling. This includes relatives, boyfriend or girlfriends, and all persons regardless of the personal relationship.

In section 71.0021,  the family code defines “dating violence”.

(a) “Dating Violence” means an act, other than a defensive measure to protect oneself, by an actor that:

(1) is committed against a victim or applicant for a protective order:

(A) with whom the actor has or has had a dating relationship; or

(B) because of the victim’s or applicant’s marriage to or dating relationship with an individual with whom the actor is or has been in a dating relationship or marriage; and

(2) is intended to result in physical harm, bodily injury, assault, or sexual assault.

Also, the statute defines “dating relationship” to mean “a relationship between individuals who have or have had a continuing relationship of a romantic or intimate nature.”  How do you know if a relationship qualifies as ‘dating’? There are three factors that the Court looks at:

      (1) the length of the relationship;

      (2) the nature of the relationship; and

      (3) the frequency and type of interaction between the persons involved in the relationship.

If you or someone you know has been the victim of family violence, you need to get help immediately.

Fairway Legal is equipped with skilled attorneys who will make sure you get the protection available under law. Your safety is important. Call the National Domestic Violence Hotline at 1−800−799−7233 or TTY 1−800−787−3224 for help.

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Dislaimer: The information on this website is for information purposes only and does not serve as legal advice. For legal assistance, give us a call at (832) 529-1255. Your information is kept confidential.

Safety Alert: Computer use can be monitored and is impossible to completely clear. If you are afraid your internet usage might be monitored by a perpetrator, call the National Domestic Violence Hotline at 1−800−799−7233 or TTY 1−800−787−3224.


FAIRWAY LEGAL – TO BE LAUNCHED ON JANUARY 21, 2019

Fairway Legal: The Race to Texas Capitol | Texas Legislature Meets for a 14-day Regular Legislative Session Houston Family Courts – Contact information

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