NCJ Number
95182
Journal
Houston Law Review Volume: 20 Issue: 5 Dated: (October 1983) Pages: 1279-1320
Date Published
1983
Length
42 pages
Annotation
This study examines the civil and criminal legal alternatives available in Texas for dealing with abuse between adult cohabitants of similar age and considers how current and proposed systems may protect victims more effectively and deter abusers.
Abstract
While statistics are either unavailable or unreliable, the number of spouse abuse cases in Texas may be in the millions. An overview of the spouse abuse problem discusses both violent and nonviolent abuse, characteristics of the abusive spouse and the abusing situation, and the societal impact of abuse. While no single approach to civil redress can provide a complete solution to spousal abuse, the spectrum of civil alternatives in Texas offers important opportunities to protect and compensate the victim. This includes peace bonds, divorce, tort actions, and victim compensation legislation. While victims may also choose criminal prosecution, this alternative is public, and its effectiveness depends largely on those administering the criminal justice system. Many crimes against persons in the Texas Penal Code are applicable to abuse situations, although they do not appear to have deterred abuse. Some States consider spouse abuse a separate criminal offense. Texas has not adopted this approach, although it has reinforced the applicability of assault statutes to domestic violence situations through amendments. Police officers are the first representatives of society to respond to spouse abuse, but police in Texas remain reluctant to arrest in such cases despite recently expanded warrantless arrest procedures, rarely keep records on domestic assaults, and have little knowledge of community resources that help victims. Prosecutors in some cities have developed special programs for spouse abuse that involve a screening process and handling of cases by experienced personnel. Judges should not discard incarceration as a disposition, possibly using work release programs, and should mandate offender supervision on pretrial release. In 1979, the legislature added provisions to the Family Code making protective orders available for family violence situations, but this statute with its later amendments is procedurally deficient and has been used infrequently. The 1983 Family Code amendments facilitate prosecutorial involvement and improve the potential applicability of protective orders, but problems remain regarding filing applications, paying court costs, and making representation available. The paper includes 220 footnotes.