Notice to Adult Victims of Family Violence, Stalking, Harassment, or Terroristic Threat
In accordance with Code of Criminal Procedure, Article 5.04(b)
This notice applies to a victim of family violence, stalking, harassment, or terroristic threat, including: 1) an adult member of a family or household who is subjected to an act of family violence; 2) a member of the household of the adult described above, other than the member of the household who commits the act of family violence; and 3) a person who is subjected to acts of stalking, harassment, or terroristic threat.
It is a crime for any person to cause you physical injury or harm, or to engage in acts of stalking, harassment, or terroristic threat toward you, 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 member has been injured.
- If you believe you will be in danger when the officer leaves, or at a later time.
When ending an abusive relationship or seeking help, threats or violence can increase. Some warning signs of increased risk may include jealousy, controlling finances or your movements, isolating you from friends or family, verbal abuse, threats to harm or kill you, and physical abuse, including strangulation. If you are in immediate danger, call 911 right away.
You are not alone. If you feel unsafe, getting support can help you understand your options and feel safer. You have a right to:
- Ask the local law enforcement agency or local prosecutor to file a criminal complaint against the person committing family violence. If a family or household member assaults you and is arrested, you may request that a Magistrate’s Order for Emergency Protection be issued. Please inform the investigating officer if you want an order of emergency protection. You need not be present when the order is issued.
- Apply for a protective order (a court order to protect you). To do so, you should consult a legal aid office, local county or district attorney, the Texas Advocacy Project, or a private attorney. You cannot be charged a fee by a court in connection with filing, serving, or entering a protective order.
A protective order may:
- Prohibit the abuser from committing further acts of violence;
- Prohibit the abuser from threatening, harassing, or contacting you or a member of your family or household;
- Prohibit the abuser from going near your place of employment or near a child care facility or school attended by you or a member of your family or household;
- Direct the abuser to leave your household; and/or
- Establish temporary custody of the children or direct the abuser not to interfere with the children or any property.
A VIOLATION OF CERTAIN PROVISIONS OF COURT-ORDERED PROTECTION MAY BE A FELONY.
If the abuser is arrested, victims of family violence also have the right to provide information to the local prosecutor that may be helpful to a magistrate in setting bail.
You may also be able to legally end your lease without penalty. To do so, you will need to have at least one of the following: 1) a temporary injunction, issued as part of a divorce proceeding; 2) a protective order; or 3) documentation from a licensed health care provider, licensed mental health professional, or family violence program advocate. For more information, visit: Survivor Resources | Texas Council on Family Violence.
ADDITIONAL RESOURCES
For confidential 24/7 assistance locating a family violence program advocate, resources, or shelter near you, call: 800-799-SAFE (7233); video chat (if Deaf): 855-812-1001; chat online: thehotline.org; or text: “START” to 88788.
For free legal assistance or more information on filing a protective order or lease termination, contact your local county or district attorney, legal aid office, or Texas Law Help:
- Texas Advocacy Project: 800-374-HOPE (4673)
- Texas Legal Services Center: 800-622-2520
- texaslawhelp.org
A Victim Services Professional with the Texas Department of Public Safety is available to assist you in exercising your rights. To connect with a DPS Victim Services Professional visit: Victim Services Professionals.
To learn more about family violence resources and options, visit: Family Violence Program Resources | Texas Health and Human Services.