Texas Domestic Abuse cases may have online option
Written by Amaya Austin
Oct. 12, 2022 — Experts told lawmakers recently that virtual proceedings in domestic abuse cases should be continued post-pandemic because it makes victims feel safer and makes it easier to appear in court.
Witnesses at the Texas House Juvenile Justice & Family Issues committee hearing on Sept. 23 suggested keeping an online option for domestic violence cases.
“These virtual hearings have been a game changer,” Krista Del Gallo, legislative director at the Texas Council on Family Violence, said during the hearing.
During the COVID-19 pandemic, courts began conducting virtual court hearings. During the pandemic, 10,683 protective order cases were filed in Texas, according to the Texas Judiciary 2021 report. Del Gallo, and other witnesses, at the meeting said the influx of domestic abuse cases could be attributed to the new format.
When his cases began to take place online, family law attorney Carlos Salinas said the domestic abuse victims he represented felt more comfortable seeking a protective order.
Salinas told the committee that court hearings can be difficult for victims, as facing their abuser could be intimidating.
“I can only imagine that it must be really nice to know that you’re never going to be in the same room with that guy,” Salinas said.
Irene Conrad, a counselor at the SAFE Alliance in Austin, a human service agency to protect abuse survivors, said after the hearing that she works with victims to emotionally prepare them for their court appearance.
“You're gonna reopen a wound, you know? You’re gonna remember a lot of things. You're gonna see the person who in the past held you, and who told you they loved you, but at the same time hurt you,” said Conrad.
Many victims experience trauma when visiting the court and delivering their testimonies, she said.
“Maybe they will not see the abuser, but they're gonna talk about the same things and their memories are gonna come back,” Conrad said.
Committee chairwoman Rep. Victoria Neave, D-Dallas, said creating a virtual option in domestic abuse cases should be a priority.
“The virtual hearing option is the main thing," Neave said. "Those seem like they should be things that we should've had in place a long time ago.”
During the committee hearing, witnesses often referenced the threats to abuse victims when forced to face their abusers at a trial.
Committee member, Rep. David Cook, R- Mansfield, said abusers should be required to attend court in person, while victims should have the option to attend in person or online. Determining which parties should have in-person requirements and which should have online options may be included in the final legislation to ensure victim safety, Cook said.
Witnesses testified that having limited finances often prevents domestic abuse victims seeking a protective order. As an attorney, Salinas said virtual trials are often more affordable and efficient for lawyers and their clients.
“We think it's ridiculous that two lawyers will hop in a car and drive down to the courthouse to solve a 10-minute dispute,” Salinas said, “It's all a 10-minute process, but my client gets a bill for like two-and-a-half hours worth of my time and for $50 an hour.”
The Legislature will convene again in January and may revisit this subject. Neave, and other representatives on the committee, agreed the next step in this decision is to prioritize the safety of abuse survivors and their access to the court.
“Leaving an abusive relationship is not easy,” Conrad said. “The survivors are faced with a lot of challenges and a lot of barriers, and this is why they stay. Not because they like the abuse, it's because sometimes they don’t see any other option.”
