The Picture of Texas
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The Need – Legal Services
The majority of family violence agencies (70%) provide some form of legal assistance, however only 5% of agencies have an attorney on staff to represent clients in civil matters and only 2% have an attorney on staff to represent clients in criminal matters.
Legal needs remain a critical issue for survivors, including a lack of pro bono representation, support with divorce proceedings, custody and child support issues, immigration issues, and obtaining orders of protection. Legal advocacy is available from a majority of family violence agencies, however, a consistent need cited by survivors was further legal representation, which is only available in 14 of the 254 Texas counties and is not available at all within the identified border counties. While family violence agencies do not regularly provide legal representation, many survivors receive legal representation from legal aid organizations.
Staff expressed gratitude for the network of legal aid services across the state. While partnerships with legal aid programs and attorneys on staff provide life-saving support around these legal issues, there are not enough legal services to meet the demand. Nearly every agency voiced a critical need for more attorneys and legal advocates to address client needs, particularly for complicated legal issues. In fact, a survivor mentioned, “I was turned down by legal aid here due to our situation being too complicated,” which shows the additional difficulty when a legal need is deemed complex. Legal assistance ranks high among family violence agencies and survivor-identified unmet needs due to the impact that interaction with the legal system can have on a survivor’s life, livelihood, family, and safety.
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Future of Texas – Legal Services
Legal advocacy, from a family violence staff member or another agency, not only provides information and guidance about complex legal systems but increases personal safety and support. An increase of civil and criminal legal support is needed within family violence agencies related to child support, access and visitation, divorce, immigration issues, criminal charges, subpoenas, credit, housing, and employment issues. Immigrant clients, in particular, may have many complex civil needs that directly impact safety and ability to access vital resources. Approaches to enhancing legal services include community collaborations, increased access to legal aid, and increasing the number of attorneys on staff at family violence agencies. Additional funds may be needed to meet the growing demand for staff attorneys at family violence agencies and strained capacity of Texas legal aid services. In communities where legal aid has focused efforts on survivors of family violence, success has been seen. A continued and expanded focus on survivors is suggested within Texas legal aid services. Enhanced legal training for advocates in small programs was also recommended for assistance navigating civil legal matters.
Texas Council on Family Violence
PO Box 163865
Austin, TX 78716
P 512.794.1133
F 512.685.6397
800.525.1978
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