SAN ANTONIO \u2013 Is it too hard for Texas domestic violence survivors to get protective orders?<\/p>\n
It\u2019s the question an organization spent a year trying to answer. Now that a new survey has been published, survivors are chiming in too.<\/p>\n
\u201cIn Texas, I was attacked by my boyfriend at the time. I was attacked and beaten with a hammer. It was brutal. I had staples in my head and stitches on my face and broken ribs,\u201d survivor Ashley Ressell said. \u201cAnd getting an attorney, it\u2019s a financial burden.\u201d<\/p>\n
Ressell, who no longer lives in Texas, said it was a miracle she survived.<\/p>\n
However, at the time, in her mental and physical state, getting a protective order seemed overwhelming and almost impossible<\/p>\n
\u201cIs it a three-month order? Is it a six-month order? I was going for, eventually, a lifetime protection order was appropriate in this scenario,\u201d Ressell said. <\/p>\n
Luckily, she found the Texas Advocacy Project that helps domestic violence survivors, and they got her the right protective order. <\/p>\n
At the same time, the organization was working on publishing a year-long study<\/a> on protective orders, seeing how every county in the state handles that process, and looking for gaps.<\/p>\n \u201cProtective orders are mandated by statute. The law states one thing, and then there are what is called local rules that can layer on top of those laws,\u201d Texas Advocacy Project CEO Heather Bellino said.<\/p>\n Bellino said sometimes those \u201clocal rules\u201d tend to make things harder for survivors.<\/p>\n \u201cIn some counties, you must have a recency of violence,\u201d she said, explaining that there are some limits on the length of time that has passed.<\/p>\n Ressell said that type of rule signals a lack of understanding of victims and what they go through. <\/p>\n \u201cI think a lot of people think that protective orders are just you get a paper signed, and you\u2019re good to go, but you don\u2019t really take into account your physical state, your mental state. You don\u2019t know when the abusers even, you don\u2019t know if they\u2019re in jail, out of jail, these kinds of things,\u201d Ressell said. <\/p>\n The research team also found that about 23% of the counties surveyed required a police report to be filed in order for a survivor to file a protective order. <\/p>\n Bellino and Ressell mentioned that it can be dangerous for some victims to make an immediate police report, and rules like that deny them the protection they desperately need. <\/p>\n \u201cImagine when you\u2019re going to get a protective order, it\u2019s because you\u2019ve been harmed and you are in deep crisis and you just need somebody to believe you and to hear you and to say this will not happen again and if it does, there are real consequences,\u201d Bellino said. <\/p>\n One of the most striking findings from the survey was that three Texas counties do not offer protective orders at all, an issue Bellino and her team intend to address.<\/p>\n \u201cThe way the laws are stated, a protective order doesn\u2019t necessarily have to happen where you live. It could also happen where the abuse occurs. So if one county over another county has a smoother pathway, we\u2019re going to want to assist them in understanding that smoother pathway so that we can get them that safety that they so deserve,\u201d Bellino said. \u201cIf it\u2019s not safe to apply for a protective order in that area, perhaps may be getting to shelter somewhere else is and establishing your residency, whether temporary or not.\u201d<\/p>\n Bellino also said another big issue she found is that some counties make it difficult for victims to get a protective order if they\u2019ve already filed for a divorce.<\/p>\n Then there\u2019s the other problem: only 183 of Texas\u2019 254 counties responded to the survey.<\/p>\n Bexar County, one of the largest in the state, did not respond to any of the three attempts. <\/p>\n \u201cThat\u2019s hard, right? But without being able to have a good conversation with them, we don\u2019t always know the reason why,\u201d Bellino said about not being able to contact many of the counties. <\/p>\n After hearing that, KSAT reached out to the Bexar County District Attorney\u2019s Office. A spokesperson said they did not receive the survey requests.<\/p>\n Since KSAT intervened, someone with the county\u2019s Collaborative Commission on Domestic Violence reached out to \u201cdiscuss this oversight directly.\u201d The Texas Advocacy Project stated that they are now in communication with Bexar County and are obtaining the necessary information.<\/p>\n \u201cWe know that the Family Justice Center (is) there and we know there are a lot of attorneys helping victims to get protective orders in that area. We just were not able to add them in to our report this time,\u201d Bellino said. <\/p>\n About 28% of Texas counties aren\u2019t on the report<\/a>, which was published April 18. <\/p>\n \u201cThose counties that did not respond are the ones that we\u2019re going to try to work the closest with to understand what their process is and to insert ourselves as a helpful arm,\u201d Bellino said. <\/p>\n The goal now is to see what changes need to be made, whether it\u2019s training, adding resources or even changing laws. <\/p>\n \u201cThis is not a study that is supposed to be a, \u2018I gotcha, you\u2019re not doing this right and we\u2019re going to come get you.\u2019 We are here to help them to see the shortfalls. Even celebrate the wins. Where can we support better? Where do you need more training? Where can we make legislative changes?\u201d Bellino said. <\/p>\n Survivors applaud the effort and help counties will take a look at their processes and re-evaluate. <\/p>\n \u201cJust hoping that it becomes easier. Like it is a very serious thing and everybody should have the right to defend themselves on the other end, but it should be as easy as X, Y, Z,\u201d Ressell said. <\/p>\n If you or someone you know is dealing with domestic violence, there is help for you. KSAT has a list of resources<\/a> on its Domestic Violence webpage<\/a>, which also explains how to identify different types of abuse.<\/p>\n If it\u2019s an emergency, text or call 911. For wrap-around services, including the Battered Women and Children\u2019s Shelter, call Family Violence Prevention Services <\/a>at (210) 733-8810.<\/p>\n