Women In Community Service Inc.

Domestic Violence in Our Families

Apr 19, 2000

We were pleased to have Off. David Garcia of the Houston Police Department's Family Violence Unit come and speak to the NE Positive Interaction Program group at our March regular meeting.

Off. Garcia is a 22 year member of the police department and works out of the North Substation at 9455 W. Montgomery. That is the station where a citizen should go to file charges against someone for family violence.

According to Off. Garcia, a family member is any relative who lives in your house. The law also provides for a boyfriend/girlfriend situation and also includes sexual violence. Family violence is the largest complaint.


Fortunately,things have changed to aid in the arrest and filing of charges against attackers. In the past, an officer had to witness the violence in order to arrest the person accused, but it meant that many victims would not follow through and go to the station to file charges for fear of retaliation. Now, it can be left up to the discretion of the officer on the scene to make the arrest. He can determine by evidence at the scene and his interview of the actors and others involved in the situation, whether there is sufficient evidence to make an arrest. An arrest and/or a report does not automatically generate the filing of charges.

The victim (usually female, but not always), is given an "H.P.D. Victims Referral Card" by the officer at the scene. It is a standard handout to the victim which has the incident number on it. The card is usually referred to as a "blue card". It gives a general list of "Texas Crime Victim Rights" and over 40 phone numbers for contacting agencies which offer emergency, legal, shelter and social services. The card is in English and Spanish.

Victims are encouraged by counselors to take a good look at their family situations and decide for themselves whether or not to pursue filing charges against their attacker. It is the most opportune time to try to steer the victim in the direction of halting the cycle of violence.

Officer Garcia opened the floor for questions from PIP members. Here are some of the questions and answers.

What does a person usually get for the crime of family violence?... It depends on the specific crime commited. A first arrest usually means that they must attend anger management sessions and other similar life skills training. Repeat offenders are more likely to do jail time.

What if a complainant makes up an incident in an attempt to hurt (or get back at)their partner?... Any person who gives false complaints or lies on a report is guilty of violating the perjury clause. When an investigator takes a statement from a complainant,it is just that, a statement. Before it is signed and sworn, the investigator will ask the complainant if this is truly what happened, and it is stated just the way he wants. He lets them know that if any part of their sworn statement is proven to be false, they can be prosecuted. Many times a person will find it necessary to take a second look at their statement and revise a few things when confronted with the possibility of prosecution for less than truthful statements.

What happens when charges get filed?... Once a complaint is filed it is turned over to an investigator who will interview witnesses and check out other information given by the complainant or the arresting officer. The case is then turned over to the District Attorney who will, in turn, have a judge sign out a warrant on the accused.

What about a Protective Order?...A Protective Order can "hold a person off" for 2 years. An Emergency Protective Order is only good for 60 days. Emergency orders are useful in giving the victim time to file her reports and complaints and file for a full Protective Order which, by the way ,is free of charge.

Why do some women continue to stay in violent situations?...That is a very complex issue. It involves relationships and issues of the heart. The counselors that talk to these women try to get them to see the seriousness of their situations, especially the teens that fall into these abusive relationships. We can only advise, it's up to the individual to change their circumstances. It can be dangerous to come between a couple.

Have officers ever been hurt trying to manage a domestic violence call?... Yes, officers have been killed.

Have both of the persons ever jumped or turned on the officers?... Yes. In many cases where the person who made the initial call to the police has changed their mind about complaining, they will turn on the officers. They may feel that the officers are not sympathetic or don't understand what is going on ,or is being too rough with the accused. In cases where there is evidence of violence but no complainant, the State of Texas will file the charges and make the case.

What about a case where the ex-wife forces her way into your home?...A person has the right to use as much force as necessary to remove someone from his/her home, that is there without permission, or is threatening them. The District Attorney rarely presses charges in a case like that.

The N.E. Positive Interaction Program meets every second Thursday of the month and always has informative topics like that provided by Officer Garcia. Call Off.Barry Harris for more information at 713/635-0307.