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A victim, guardian of a victim, or close relative of a deceased victim is entitled to the following rights within the criminal justice system:

1. The right to receive from law enforcement agencies adequate protection from harm and threats of harm
 arising from cooperation with prosecution efforts;

2. The right to have the magistrate take the safety of the victim or his family into consideration as an element in
 fixing the amount of bail for the accused;

3. The right, if requested, to be informed:

(a) By the attorney representing the state of relevant court proceeding including appellate proceedings, and
 to be informed if those proceedings have been canceled or rescheduled prior to the event and (b) by an appellate
 court of decisions of the court, after the decisions are entered but before the decisions are made public;

4. the right to be informed, when requested, by a peace officer concerning the defendant’s right to bail and the
 procedures in criminal investigations and by the district attorney’s office concerning the general procedures in the criminal justice system, including general procedures in guilty plea negotiations and arrangements, restitution, and the appeals and parole process;

5. the right to provide pertinent information to a probation department conducting a presentencing investigation concerning the impact of the offense on the victim and     his family by testimony, written statement, or any other manner prior to any sentencing of the offender.

6. The right to receive information regarding compensation to the victims of crime as provided by the Crime Victim’s Compensation Act, including information related to the costs that may be compensated under the Act and the amount of compensation, eligibility for compensation, and procedures for application for compensation under that Act, the payment for a medical examination for a victim of a sexual assault, and when requested, referrals to available social service agencies that may offer additional assistance; a victim of a sexual assault has the right to the accompaniment of a victim advocate during the sexual assault exam if an advocate is available at the time of the examination.

7. The right to be informed, upon request, of parole procedures, to participate in the parole process, to be notified, if requested, of parole proceeding concerning a defendant in the victim’s case, to provide to the Board
of Pardons and Paroles for inclusion in the defendant’s file information to be considered by the board prior to
the parole of any defendant convicted of any crime, and to be notified, if requested, of the defendant’s release.

8. The right to be provided with a waiting area, separate or secure from other witnesses, including the offender and relatives of the offender, before testifying in any proceedings concerning the offender if a separate
 waiting area in not available, other safeguards should be taken to minimize the victim’s contact with the offender and the offender’s relatives and witnesses, before and during court proceedings;

9. the right to prompt return of any property of the victim that is held by a law enforcement agency or the attorney for the state as evidence when the property is no longer required for that purpose;

10. the right to have the attorney for the state notify the employer of the victim, if requested, of the necessity of
 the victim’s cooperation and testimony in a proceeding that may necessitate the absence of the victim from work
 for good causes;

11. The right to counseling, on request, regarding acquired immunodeficiency syndrome (AIDS) and
 human immunodeficiency virus (HIV) infection and testing for acquired immunodeficiency syndrome (AIDS),
 human immunodeficiency virus (HIV) infection, antibodies to HIV, or infection with any other probable
 causative agents of AIDS.

12. The right to request victim-offender mediation coordinated by the victim services division of the Texas
 Department of Criminal Justice; and

13. The right to be informed of the uses of a victim impact statement and the statement’s purpose in the criminal
 justice system, to complete the victim impact statement and to have the victim impact statement considered:

(a) By the attorney representing the state and the judge before sentencing or before a plea bargain agreement is
accepted; and

(b) By the Board of Pardons and Paroles before an inmate is released on parole.

A victim, guardian of a victim, or close relative of a deceased victim is entitled to the right to be present at all public court proceeding related to the offense, subject to the approval of the judge in the case.

The office of the attorney representing the state, and the sheriff, police, and other law enforcement agencies shall ensure to the extent practicable that a victim, guardian of a victim, or close relative of a deceased victim if afforded the rights and, on request, an explanation of those rights.

A judge, attorney for the state, peace officer, or law enforcement agency is not liable for a failure or inability to provide a right enumerated in this article.

FAMILY VIOLENCE IS A CRIME 

NOTICE TO ADULT VICTIMS OF FAMILY VIOLENCE

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.

Please tell the investigating peace officer:

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

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

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. Victims of assault by a family or household member that has been arrested may request a magistrate’s order for emergency protection. Victims need not be present when the order is issued.

For example, the court can enter an order that:

(1) The abuser not commit further acts of violence

(2) The abuser not threaten, harass, or contact you at home

(3) Directs the abuser to leave your household and;

(4) Establishes temporary custody of the children and direct  the abuser not to interfere with the children or any property.

IF A PERSON VIOLATES A FAMILY VIOLENCE PROTECTIVE ORDER PROHIBITIONS AGAINST COMMITTING VIOLENCE, HARASSMENT, THREAT OR CONTACT, IT IS A CRIMINAL OFFENSE AND MAY BE A FELONY OFFENSE. 

If you fear your abuser will harm you when released from jail ask the police officer for an emergency protective order.

A FAMILY VIOLENCE PROTECTIVE ORDER may be obtained through a private attorney, as part of a divorce or separate lawsuit, or through the District Attorney’s office.

A VIOLATION OF CERTAIN PROVISIONS OF COURT ORDERED PROTECTION [such as (1) and (2) above] IS A CRIMINAL OFFENSE.

Please contact victim services or local women’s shelter for information on address confidentiality program and pseudonym for family violence survivors.

APPLYING FOR PROTECTIVE ORDERS

WHAT IS A PROTECTIVE ORDER?

A protective order is a civil court order issued to help prevent continuing acts of family violence.

Family violence is defined as (1) an act by any 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, sexual assault or that is a threat that reasonably places the member in fear of imminent physical harm, bodily injury, assault, or sexual assault, (2) abuse of a child, or (3) dating violence.

Family includes blood relative or relatives by marriage, former spouses, parents, (married or not) of the same child, foster children and foster parents, or any member of former member of a household (people living in the same house, related or not).

Dating violence is defined as an act by an individual that is against another individual with whom that person has or has had a dating relationship and that is intended to result in physical harm, bodily injury, assault, or sexual assault, or that is a threat that reasonably places the individual in fear or imminent physical harm, bodily injury, assault, or sexual assault.

WHO IS ELIGIBLE FOR A PROTECTIVE ORDER?

If the court finds that family violence has occurred and is likely to occur again, a court shall render a protective order. To obtain a protective order, the victim and the offender must (1) be related by blood or marriage, (2) be living together, or previously lived together, (3) have a child together, or (4) be engaged in dating relationship.

A person who has a divorce pending is eligible for a protective order. The protective order must be filed in the court in which the divorce is pending.

HOW CAN I GET A PROTECTIVE ORDER?

Contact the Bellaire Police Department at 713-668-0487, or Harris County’s District Attorney’s Office at 713-755-5800 for screenings and referrals to attorney’s appointed to process protective orders. The application must be filed in the county in which you or the offender lives. There are no minimum time limits to establish residency, and protective orders are available in every county in Texas.

HARRIS COUNTY DISTRICT ATTORNEY
(For protective order)
713-755-5888 

WHO MAY FILE FOR A PROTECTIVE ORDER?

1. An adult member of the family or household:

2. An adult member of the dating relationship; (a 
relationship between individuals who have or have had a
continuing relationship of a romantic or intimate nature.)

3. Any adult for the protection of a child;

4. A prosecuting attorney; or

5. The Department of Protective and Regulatory Services.

HOW LONG DOES IT TAKE TO RECEIVE AND HOW LONG DOES IT REMAIN IN EFFECT?

Unless a later date is requested by the applicant, the court shall set a hearing date no later than 14 days after the application is filed. If however, the court finds from the information contained in the application that there is a clear and present danger of family violence, the court may immediately issue a temporary ex-parte order (restraining order). The temporary order is valid for up to 20 days. Final protective orders are effective for the period stated in order, not to exceed two years.

WHAT HAPPENS IF THE PROTECTIVE ORDER IS VIOLATED?

Call the police immediately!! Remember, protective orders do not offer complete protection. No piece of paper can protect you from all instances of violence.

If an offender violates the order and law enforcement is notified, officials will act to arrest the offender and seek to have charges filed. If the person violates the protective order in the presence of law enforcement, the offender must be arrested immediately. If any provision of an ex parte order has been violated, you should immediately notify the attorney who drafted it or notify the police department. Ex parte orders are criminally enforceable by police.

WHAT OTHER OPTIONS ARE AVAILABLE?

A Magistrate’s Order for Emergency Protection may be issued after arrest at the time of a defendant’s appearance before a magistrate for an offense involving family violence, sexual assault, or stalking. The order of emergency protection may be issued on the magistrate’s own motion or on the request of:

(1) The victim;

(2) Guardian of the victim;

(3) Peace officer; or

(4) The attorney representing the State.

The magistrate shall issue an order for emergency protection if the arrest is for an offense that also includes (1) serious bodily injury to the victim; or (2) the use or exhibition of a deadly weapon during the commission of an assault. The magistrate in the order for emergency protection may prohibit the arrested party from:

(1) Committing family violence or an assault on the
person protected under the order; or stalking;

(2) Communicating directly with a member of the family
or household or with the person protected under the
order in a threatening or harassing manner; or a 

threat through any person to a member of the family or household or to the person protected under the order,

(3) Going to or near the residence, place of employment,
or business of a member of the family or household or
of the person protected under the order; or the
residence, child care facility, or school where a child
protected under the order resides or attends; or

(4) Possessing a firearm.

The victim of the offense need not be present in court when the order for emergency protection is issued. If the victim of the offense is not present when the order is issued, the magistrate issuing the order shall order an appropriate peace officer to make a good faith effort to notify, within 24 hours, the victim that the order has been issued by calling the victim’s residence and place of employment.

An order for emergency protection is effective on issuance, and the defendant shall be served a copy of the order in open court. An order for emergency protection issued remains in effect up to the 91st day but no less than 31 days after the date of issuance.

Remember, if someone has physically assaulted or threatened you, contact your local police department or sheriff’s office to press charges against that person. Even if you are ineligible for a protective order, you may be able to have the person arrested for assault, criminal trespass, or stalking.

Crime Victim’s Compensation is a financial assistance program that helps eligible victims of crime with certain expenses related to the crime. Money for this program comes from court costs paid by criminals and deposited by each Texas County into the Crime Victim’s Compensation Fund.

The Crime Victim’s Compensation Program is administered by the Office of the Attorney General and is dedicated to ensuring that crime victims receive every possible assistance.

The Crime Victim’s Compensation Program is “the payer of last resort” after primary sources of payment such as health insurance, Medicaid, Medicare, auto insurance or Texas Worker’s Compensation.

If the court orders the offender to pay, restitution to the victims for an expense that Crime Victim’s Compensation has already paid, the victim may be required to reimburse the Fund. If the victim or claimant recovers money through the settlement of a civil suit against the offender or a third party, he or she may also have to reimburse the Fund.

TO BE ELIGIBLE A PERSON MUST:

Be a United States resident with the crime occurring in Texas or aTexas resident who becomes a victim in a state or country without a compensation program; United Sates citizenship not required.

Report the crime to a law enforcement agency within a reasonable period of time, but not so late to interfere with or hamper the investigation and prosecution of the crime.

File the application within three years of the date of the crime.

WHO MAY QUALIFY?

• An innocent victim of crime who suffers substantial threat of physical and/or emotional harm or death
• A dependent of a victim
• An authorized individual acting on behalf of a victim
• An intervenor who goes to the aid of a victim or peace officer
• A person who legally assumes the obligations or voluntarily pays certain expenses related to the crime on behalf of the victim
• Immediate family or household members related by blood or marriage who require counseling as a result of the crime
• A peace officer, fire fighter or individual who has a duty to protect the public and who is injured in a crime

WHO IS NOT ELIGIBLE?

Benefits may be reduced or denied if the victim:

• participated in the crime
• engaged in illegal activity
• contributed to the crime
• was an inmate at the time of the crime
• knowingly or intentionally submitted false or forged information to the crime victim’s compensation program
• did not cooperate with the appropriate law enforcement agencies

WHAT CRIMES ARE COVERED?

Crimes covered by the Crime Victim’s Compensation are those in which the victim suffers substantial threat of physical or emotional harm or death. These may include sexual assault, kidnapping, robbery, assault, homicide and other violent crimes.

Vehicular crimes that are covered include failure to stop and render aid, DWI, manslaughter, criminally negligent homicide, aggravated assault, intoxication manslaughter, and intoxication assault. 

WHAT TYPE OF FINANCIAL ASSISTANCE IS AVAILABLE?

Claims may be approved for benefits up to a total of $50,000. In the case of catastrophic injuries resulting in a total and permanent disability, victims may be eligible for an additional $75,000 in benefits.

Upon approval, benefits may be awarded for the following:

• medical, hospital, physical therapy, or nursing care
• psychiatric care or counseling
• one-time relocation assistance for victims of family violence or a victim of sexual assault who is assaulted in the victim’s place of residence
• loss of earnings or support
• loss of wages and travel reimbursements due to participation in or attendance at, the investigation, prosecutorial, and judicial processes
• care of a child or dependent
• funeral and burial expenses
• crime scene clean up
• replacement costs for clothing, bedding or other property seized as evidence or rendered unusable as the result of the investigation
• attorney fees for assistance in filing the Crime Victim’s Compensation application and in obtaining benefits, if the claim is approved loss of wages and travel to seek medical treatment or counseling.

Additional benefits for victims who have suffered a catastrophic injury include:

• making a home or car accessible
• job training and vocational rehabilitation
• training in the use of special appliances
• home health care
• reimbursement of lost wages
• rehabilitation technology, long term medical expenses and durable medical equipment
• reimbursement for property damage or theft is not an eligible expense.

HOW DO I APPLY?

Every law enforcement agency and prosecutor’s office in Texas is mandated to provide victims of crime with information about the Crime Victim’s Compensation program application for benefits. When contacting these agencies, please ask for the victim assistance coordinator or liaison, who can provide assistance in completing the application and can expedite the application process. Hospitals and medical centers may also have applications and materials.

Applications for benefits can be obtained directly from the Crime Victim’s Compensation Program in the Office of the Attorney General by calling 1-800-983-9933. Professional staff at the division are also available to answer any questions and provide assistance in completing the application.

WHAT ARE MY RIGHTS TO APPEAL WHEN BENEFITS HAVE BEEN REDUCED OR DENIED?

If the Crime Victim’s Compensation Program makes a decision with which the victim or claimant disagrees, he or she has a right under the law to ask that the decision be reconsidered. In order to appeal a decision, the victim or claimant must notify Crime Victim’s Compensation in writing within 60 days, stating the reason for dissatisfaction. 

If the outcome of the reconsideration process is not satisfactory, the victim or claimant has 60 days to request a final ruling hearing from the Crime Victim’s Compensation Program. Should the victim or claimant not agree with the outcome of the hearing, he or she may file an appeal with the district court within 40 days of the final ruling.

You may be able to legally end your lease without penalty. To do so, you will need to have at lease one of the following documents: 

• a temporary injunction, issued as part of a divorce proceeding

• Magistrate's Order of Emergency Protection

• Final Protective order 

• Temporary Ex Parte Protective Order 

• A document regarding family violence against teh tenant or occupant from at least one of the following: 

• A licensed health care services provider who examined you

• A licensed mental health services provider who examined or evaluated you 

• An advocate at a family violence center who helped you 

To learn more, visit https://texaslawhelp.org/article/early-lease-termination-for-victims-of-family-violence 

Once you have terminated your lease and have moved forward with another place of residence Survivors of family violence may be able to waive deposits to establish electric, telephone, and natural gas service. To do so, survivors must submit to the utility provider a certification letter for waiver of deposit signed by staff at a listed certifying agency. Not all utility providers accept these waivers.

ELECTRIC AND TELEPHONE SERVICE DEPOSIT WAIVER

To apply for a waiver of electric and telephone service deposit, survivors must:

• Complete a certification letter for waiver of deposit or “waiver” https://tcfv.org/wp-content/uploads/electric_telephone_service_deposit_waiver.pdf 
• Submit the waiver with supporting cover letter to a certifying agency for signature https://tcfv.org/wp-content/uploads/cover_ltr_electric_telephone_waiver.pdf 
• Submit the signed and completed waiver to the utility provider

Certifying agencies include Family Violence Centers, Treating Medical Facilities, Law Enforcement Departments, Texas District or County Attorney Offices, Office of the Attorney General, and Texas Equal Access to Justice Foundation Grantees.

GAS SERVICE DEPOSIT WAIVER

To apply for a waiver of gas service deposit, survivors must:

• Complete a certification letter for waiver of deposit or “waiver” https://tcfv.org/wp-content/uploads/gas_service_deposit_waiver.pdf 
• Submit the waiver to a certifying agency for signature
• Submit the signed and completed waiver to the utility provider

Certifying agencies include family violence center staff, treating medical personnel, law enforcement agency personnel, or designee of the Attorney General in the Crime Victim Services Division of the office of the Attorney General.

The Crime Victim Specialist at the Bellaire Police Department is a certifying agent and can assist in requesting and completing these services.