PRESIDENT'S MESSAGE

By ROCKY ROBINSON Andrews Kurth LLP

Domestic Violence – We Must Continue to Educate

Domestic violence and abuse has afflicted our society, probably from its beginnings. Until about 20 years ago, it was an issue that many segments of society, including law enforcement and the courts, did not take seriously; at least with respect to awareness of the problem and allocating resources to its prevention. In short, the rule, rather than the exception, was that domestic violence and abuse was considered an issue, internal to the family, to be dealt with privately.
Over the past two decades attitudes have slowly changed. At the federal level there has been enactment of the Violence Against Women Act which provides funding for, among other things, shelter services for battered women and children, social and legal services for victims of domestic abuse, and training for law enforcement officers, prosecutors and the judiciary. At the state and local level we have seen a more pro-active and aggressive approach to domestic violence by the police, prosecutors and the judiciary. For example, law enforcement officers are now permitted to arrest batterers without a willing or cooperative complainant, and second-time domestic assaults can now be charged as felonies. On the prosecutorial side, domestic violence units have been created and district attorneys’ offices have adopted so-called “no drop” policies; meaning that a case of criminal domestic violence will be prosecuted whether or not the victim cooperates. Similarly, over the last several years the judiciary has taken a much more pro-active approach in addressing issues relating to domestic violence, primarily through the more frequent granting of protective orders and punishment of batterers. Also, judges now receive training in family violence issues.
These are powerful tools which are available to our institutions in the ongoing effort to stem the tide of domestic violence in our society. Make no mistake about it, domestic violence is a societal problem, the consequences of which can affect adversely every aspect of our lives, including families, the economy, employment, healthcare, and education, to name a few. It has been estimated that family violence carries a cost of $5-10 billion annually in the form of medical expenses, police and court costs, shelter and foster care, sick leave, absenteeism and lost productivity.
While over the last 20 years we have seen significant change, the battle is far from over. Indeed, the battle is far from won. As recently as 2002 it was estimated that there were approximately 900,000 cases of family violence in the State of Texas. Approximately 14 percent of those cases were reported and only five percent dealt with in our legal system. Further, 35 percent of adult female homicides occurred in a domestic setting.
How do we prevent these tragedies and the adverse impact they have on the children of the victims and the batterers? The answer is not simple and the financial resources to address the problem, while greater now than in the past, remain scarce.
One potential solution is education. Our citizens, including our children, can and must be taught that domestic violence is wrong and will not be tolerated. Victims must be educated that there are remedies, such as protective orders, available to them; that there are social agencies available to assist them; and, that law enforcement, prosecutors and the judiciary will deal promptly and seriously with incidents of domestic violence. This educational process is ongoing today but much remains to be done.
As part of the ongoing educational process on domestic violence, the Houston Bar Association has planned several initiatives for this year. October is National Domestic Violence Awareness Month. In addition to devoting this issue of The Houston Lawyer to domestic violence, three seminars offered by the Houston Bar Association will be devoted in whole, or in part, to domestic violence. First, on October 8, as part of the Houston Bar Association’s regular Friday afternoon seminar series the topic will be devoted to domestic violence issues. Our featured speaker will be a representative of the Domestic Violence Unit of the Harris County District Attorneys’ Office.
Second, on October 14, there will be a program at the Attorney Ready Room in the Criminal Courts Building entitled “Domestic Violence in the Workplace.” It is designed for court personnel, law firm administrators and employees and volunteers of social service agencies who deal with family violence victims. Third, the October 22 portion of our annual Criminal Law Institute will have a domestic violence component. Similarly, later this year, part of the Houston Bar Association’s Family Law Institute will cover issues relating to domestic violence.
Beyond the confines of our profession and continuing legal education programs, the Houston Bar Association will also be reaching out to the community in general in an effort to further educate our citizens on the subject of domestic violence. First, we are attempting to arrange a panel discussion to be aired on public access television. The purpose of this production will be to raise public awareness about domestic violence. On the panel we hope to include representatives from the police department, the district attorneys’ office, the medical community and the Houston Area Women’s Center.
Second, the Houston Bar Association will redistribute to our local schools the video “It’s Not OK.” This video is designed to educate students about domestic violence. The importance of “It’s Not OK” is highlighted by the fact that studies have shown that children who observe domestic violence in the home are more apt to believe that such conduct is acceptable. Finally, in an effort to assist victims of domestic violence, we are planning several initiatives with the Houston Area Women’s Center. These initiatives will involve the inclusion of the Houston Area Women’s Center as a beneficiary of the Houston Bar Association Book and Clothing Drives, the inclusion of the Houston Area Women’s Center as a designated Houston Bar Association charity, the solicitation of volunteer lawyers to work shifts on the Houston Area Women Center’s Hotline and seeking ways to assist the Houston Area Women’s Center clients through the Houston Volunteer Lawyers Program.
All of us must become acutely aware of the tragic consequences domestic violence has on our families, friends, workplaces and communities. Our goal must be to do what each of us can to help survivors and victims of domestic violence find safety, receive justice and create opportunities for them to live violence-free lives. Education, both within and outside of the legal profession, is a key to achieving that goal. It is hoped that the Houston Bar Association’s focus on domestic violence will be a positive step toward achieving that goal.

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