Travis County Victim Services Unit

Transcription

1 Travis County Victim Services Unit October 2017 Next Volunteer Meeting November 15th 6:30pm to 8:00pm Sheriff s Office 5555 Airport Blvd. Some of the victims we encounter may want/need to get into a different living situation because of the circumstances of the crime they suffered. Most of these will probably be cases of family violence or sexual assault. I want to lay out some of the ways that we can connect these victims with the resources, information, and programs that can make a big difference for them. There are several ways that we can assist a victim to get themselves into a situation that affords them greater safety and peace of mind. Sometimes that involves moving to a new residence while other situations center on removing someone from the premises. The most common situation that you will encounter will be family violence. As always, when we first meet or speak on the phone with a victim of family violence our primary concern is their immediate safety. Immediate as in where can you stay tonight that is safe? It may be right where they are if the person has been arrested. It may be with family or friends. If that is not possible, we will help a victim find shelter. When none of those options are available, consult your on duty staff. For long term safety, a family violence victim can break a lease without penalty. This can be done under the provisions of the Texas Property Code Section This statute requires landlords to allow a tenant to leave the leave the lease agreement early under certain conditions. The basic condition for a victim to get out of a lease is that s/he must give the landlord a copy of a Temporary Restraining Order or Protective Order signed by a judge. If the situation involves the victim and offender living in the same dwelling, then s/he can leave and be out of the lease very quickly.

2 Page 2 Travis County (continued) But, if the victim and offender don t live together, then the statute requires 30 days written notice to the landlord before the victim can be free of the lease. Important note: the victim can still leave immediately for her/his safety, but they remain bound by the provisions of the lease, that is, they still may be liable for the rent. However, there are several considerations for the victim before s/he is free of their lease. Most importantly, a family violence victim breaking their lease does not release them from delinquent or unpaid rent. In fact, it may delay or prevent them from moving on to a safer residence. For instance, several years ago I responded to an apartment where a young mother had been assaulted by her live-in boyfriend. Hers was the only name on the lease even though he paid the rent each month; she did not work outside the home, and had virtually no resources of her own. It so happened that this incident took place on the second day of the month and her boyfriend had not paid the rent for the month. Thus, rent for the month was delinquent and her boyfriend was in jail. The management would not let her out of the lease. In cases where a victim gets out of a lease via the family violence statute it does not appear on their rental history as a broken lease. When trying to rent or lease, a landlord can run a check of your history and if a broken lease entry shows up, then you might be rejected from renting that property. The first thing a victim needs to do is present the landlord with written notice that they need to terminate the lease. Then they need to present one of the documents cited above in order to show the need to terminate. Typically, one of the staff will follow up with the victim when we become aware of the need for terminate a lease (get those reports in ASAP, please). Any family violence victim you encounter needing to get out of their lease and encountering difficulties can be referred to the Austin Tenants Council at In fact, any victim with landlord problems or questions about their rights as a tenant can call ATC. Tenants who have been the victim of certain sex crimes or stalking have much the same rights as far as lease termination as family violence victims.

3 Page 3 Travis County (continued) Section of the Property Code provides a path to lease termination for victims (or a parent or guardian of a victim) of sexual assault, aggravated sexual assault, indecency with a child, sexual performance by a child, continuous sexual assault of a child OR an attempt to commit any of these offenses in the preceding six months on the premises of the renter. In order to terminate a lease the landlord must receive documentation of the offense from a health care provider who examined the victim (usually this will be a SANE nurse), a mental health provider, an individual from a recognized sexual assault survival center (such as Safe Alliance) or a sexual assault Protective Order. A tenant who is a stalking victim (or a parent or guardian of a victim) may terminate a lease without penalty with similar documentation to the sex crimes termination. The primary difference is that in addition to other documentation a law enforcement report must be provided to the landlord. In the case of stalking as grounds to terminate, the stalking must be on the premises (typically, this doesn t mean inside the dwelling, but can be knocking on the door or being in the parking lot). Some victims will need our help not in relocating themselves but in having others removed. In family violence cases where the offender is arrested, then an Emergency Protective Order may address that problem in the short term. Remember, an EPO is not automatic upon arrest, but can be ordered by the Magistrate who sets bond amounts and conditions several hours after a person is booked in. Beyond that, a family violence victim can apply for a Protective Order that will remove a person from a shared residence. In a situation where a Protective Order is not an option as well as many other circumstances, a victim may want someone out of the house. Often a victim will tell a Deputy Make them leave my house. I m on the lease, they aren t! If a person is a resident of a dwelling (do they have any of their possessions inside?), they can not be legally excluded from the premises. That is, you can t just lock the doors or physically throw them out or change the locks. That person must be legally evicted.

4 Page 4 Travis County (continued) That process entails the victim/landlord giving written notice to vacate to the offender/ tenant. Following that the victim must file documents with the Justice of the Peace in their precinct of Travis County. The JP will set a court date for an eviction hearing. A legal eviction proceeding can not be completed in less than 30 days, that is, even though the victim wants and may desperately need the other person gone, it doesn t happen overnight. TCSO Victim Services has produced an excellent pamphlet to help in this regard Evictions and Lease Terminations. All volunteers should have copies in English and Spanish (these brochures are also available on the website). As always, your on-call staff person is available for consultation when a situation comes up that you have never encountered or even thought possible. My experience is that those new situations arise on almost every call even after doing this job for years. Call us!

5 Page 5 October 2017 Page 5 September Stats North and South ADAM Aggravated Assault w/ Deadly Weapon/FV (1) Assault w/ Injury/FV- Strangulation (1) Deceased Person (2) CHARLIE Aggravated Assault w/ Deadly Weapon/FV (1) Assault by Contact (1) Assault w/ Injury/FV (4) Collision w/ Injury (1) Death Notification (1) Deceased Person (2) Sexual Assault of Child (1) Theft (1) Unlawful Restraint/FV (1) BAKER Aggravated Assault w/ Deadly Weapon/FV (2) Aggravated Sexual Assault of a Child/FV (1) Assault by Contact/FV (1) Assault w/ Injury/FV (9) Assault w/ Injury/FV- Strangulation (3) Assault w/ Injury/FV w/ Previous Conviction (1) Assist EMS (1) Assist Manor (Deceased Person) (1) Assist Manor (Robbery) (1) Deceased Person (8) Family Disturbance (1) Found Child (1) Indecency with a Child (1) Robbery/Assault/ FV (1) Runaway Child (1) Sexual Assault of a Child (2) Traffic Fatality (1) Violation of Emergency Protective Order (1) Violation of Protective Order (1) DAVID Assault by Contact/ FV (2) Assault w/ Injury/FV (4) Assault w/ Injury/FV- Strangulation (1) Assist Bee Caves (Deceased Person) (2) Criminal Mischief/Property Damage/FV (1) Deceased Person (4) Family Disturbance (2) Sexual Assault of Child/FV (1) Sexual Assault/FV (1) Structure Fire (1)

6 Page 6 October 2017 Page 6 September Stats North and South ADAM Sun (1) 12am-4am (0) Mon (0) 4am-8am (0) Tues (0) 8am-12pm (0) Wed (1) 12pm-4pm (1) Thur (0) 4pm-8pm (2) Fri (0) 8pm-12am (1) Sat (2) BAKER Sun (9) 12am-4am (3) Mon (6) 4am-8am (9) Tues (4) 8am-12pm (4) Wed (0) 12pm-4pm (8) Thur (7) 4pm-8pm (8) Fri (3) 8pm-12am (6) Sat (8) CHARLIE Sun (2) 12am-4am (2) Mon (1) 4am-8am (1) Tues (5) 8am-12pm (1) Wed (0) 12pm-4pm (5) Thur (2) 4pm-8pm (1) Fri (1) 8pm-12am (3) Sat (2) DAVID Sun (6) 12am-4am (2) Mon (0) 4am-8am (3) Tues (2) 8am-12pm (7) Wed (0) 12pm-4pm (3) Thur (3) 4pm-8pm (3) Fri (3) 8pm-12am (1) Sat (5)

7 October 2017 Page 7 TRAVIS COUNTY SHERIFF S OFFICE VICTIM SERVICES UNIT 5555 Airport Blvd Austin, Texas Phone: (512) Fax: (512) Victim Services Staff Amy Durall, Director Heather Dooley, Social Services Program Coordinator Benjamin Garza Star Garza Lupe Salazar Tony Switzer Huitzi Valdez Sonya Villarreal victim-services/ Got News? If you have newsworthy items or announcements for the newsletter please pass them along to Amy at