Protective Orders and Bond Conditions

In order to protect victims and families from abuse, Texas has implemented laws allowing for protective orders and other remedies against perpetrators of AFV. Protective orders are issued by courts upon request by someone alleging they have been subjected to domestic violence or threatened with it. The Court can also make staying away from your family a condition of any bail that they set which would allow you to get out of jail. A violation of a protective order or bond condition is considered a criminal offense and may result in jail time or other punishments.

Evidence in Family Violence Cases

Hearsay

The hearsay rule is a rule of evidence that prohibits the introduction of statements made by a person who is not present in court as evidence in a criminal or civil trial. The purpose of the hearsay rule is to ensure the reliability and trustworthiness of the evidence presented in court.

In a criminal trial, the prosecution may attempt to introduce the statements of a victim as evidence through one of the recognized exceptions to the hearsay rule. The specific exception that may be used will depend on the nature of the statement and the circumstances under which it was made.

One exception that may be used to introduce the statements of a victim is the excited utterance exception. This exception allows the introduction of a statement made while the declarant was under the stress of excitement caused by the event or condition being described. In order for this exception to apply, the statement must be made shortly after the event or condition occurred, before the declarant has had a chance to reflect on the event or fabricate a story.

Another exception that may be used to introduce the statements of a victim is the present sense impression exception. This exception allows the introduction of a statement that describes or explains an event or condition made while the declarant was perceiving the event or condition, or immediately thereafter. This exception is typically used to introduce statements that are made spontaneously, in the moment, and that accurately reflect the declarant's perception of the event or condition.

It is important to note that these are just a few examples of the exceptions to the hearsay rule that may be used to introduce the statements of a victim in a criminal trial, and the specific exception that may be used will depend on the unique circumstances of the case.

Forfeiture by Wrongdoing

In Texas, the doctrine of forfeiture by wrongdoing allows a party to a criminal or civil trial to present evidence of a witness's out-of-court statements despite the witness's unavailability to testify, if the party can show that the witness's unavailability was caused by the wrongdoing of the party against whom the statements are being offered. This doctrine is based on the principle that a party should not be able to benefit from their own wrongdoing by preventing a witness from testifying against them.

In a family violence trial in Texas, the doctrine of forfeiture by wrongdoing may be used to introduce the statements of a victim as evidence, even if the victim is unavailable to testify due to the defendant's actions. For example, if the defendant has intimidated or threatened the victim in an attempt to prevent them from testifying, the prosecution may be able to use the victim's prior statements as evidence under the doctrine of forfeiture by wrongdoing.

For the doctrine of forfeiture by wrongdoing to apply in a family violence trial in Texas, the prosecution must show that:

1. The witness is unavailable to testify.

2. The defendant engaged in wrongdoing that caused the witness's unavailability.

3. The defendant had the intent to make the witness unavailable.

If the prosecution can satisfy these requirements, they may be able to introduce the victim's out-of-court statements as evidence, despite the victim's unavailability to testify.