When our client reached out to Lone Star Legal Aid, she had already endured years of fear and trauma. During her marriage, her husband strangled her while she was pregnant, placing both her life and her pregnancy at risk. Around the same time, he sexually assaulted two of her daughters from a prior relationship. The crimes devastated the family. After the assaults were reported, he was arrested and incarcerated on these and other charges, where he remained for a number of years awaiting trial. But even with him behind bars, the client never felt fully safe. She feared he could be released on bond or during a trial setting. If that happened, she worried he would return and harm her or her children again. At the same time, she and her children were still living in the same public housing complex where the abuse occurred.
Determined to protect her family and move forward, the client connected with Lone Star Legal Aid for help. Dana Karni, Litigation Director at Lone Star Legal Aid (LSLA), took on the case. Dana typically focuses on consumer rights litigation and housing matters. But the urgency of the client’s situation required immediate legal action involving both housing protections and family violence protections. “This month, I stepped outside my usual practice area to handle my first family law protective order case,” Dana said. “My work typically focuses on consumer litigation and housing matters. But when a client came to our office facing an emergency involving heinous domestic violence allegations and needing relief under the Violence Against Women Act to secure safe housing, I took the case.” With guidance from colleagues across Lone Star Legal Aid, Dana worked quickly to protect the client and her children.
Dana filed an Application for Protective Order to ensure long-term legal protection. A protective order is a court order designed to protect survivors of family violence. Protective orders can: prohibit an abuser from contacting the survivor; prevent the abuser from approaching the survivor’s home, workplace, children and their schools; and provide long-term legal protection for survivors and their families. In severe cases involving violence or sexual assault, protective orders in Texas can last for decades. For this client, securing a long-term protective order was critical to protecting her entire family.
At the first court setting, the abuser did not appear. Because of the urgency of the case, the court quickly rescheduled the hearing and ensured the abuser would be brought directly from the Harris County Jail for the next setting. At the second hearing, the judge took steps to prevent the client from encountering her abuser in the courtroom. She was asked to step outside to avoid contact with him. The judge then encouraged the abuser to meet with Dana. Dana met him in the courthouse jail cell area. He was wheelchair-bound and shackled to his chair. “My one-on-one meeting with the perpetrator in the courthouse’s jail cell was the highest drama I’ve had in years,” Dana said. During the meeting, the abuser insisted he was innocent and said he wanted to see his youngest child. Initially, he refused to agree to any protective order.
Dana made it clear that the client was prepared to go to trial if necessary. If the case had gone to trial, the client and her daughters — now teenagers — would have had to testify in court about the abuse. Their testimony could potentially have been used later in the abuser’s criminal trial. More importantly, testifying would likely force them to re–live the trauma they had experienced. Once it became clear the client was prepared to proceed with trial, the abuser reconsidered. Back before the judge, he ultimately agreed to a 40-year protective order. The order bars him from contacting the client or any of her eight children — not just the two daughters he assaulted. Because of this agreement, the family was able to avoid a trial and secure long-term protection.
At the same time, one of the client’s biggest concerns was her housing situation. She and her children were still living in the same public housing complex where the assaults had occurred, forcing them to remain in an environment tied to the trauma they experienced. Under the Violence Against Women Act (VAWA), survivors of domestic violence living in federally subsidized housing have certain legal protections. These protections can allow survivors to request an emergency transfer to another housing unit if remaining in their current unit threatens their safety. Lone Star Legal Aid sought a VAWA transfer for the client so she and her children could move to a safer location.
With the help of Lone Star Legal Aid, the client was able to secure both housing protections and a decades-long protective order to keep her family safe. “With guidance from my esteemed colleagues, I secured both the protective order and the housing protections my client needed,” Dana said. “This experience reinforced something I value about practicing law: when the stakes are high, the willingness to stretch professionally matters.” She added, “I’m grateful to my client for her trust in me.” Today, the family has long-term legal protection and has moved to a safer environment.
If you or someone you know is experiencing domestic violence and needs legal assistance, Lone Star Legal Aid may be able to help. You can apply for free legal services by completing the online application, or calling 1-800-733-8394. Legal aid services are available to eligible individuals across Lone Star Legal Aid’s 76 county service area in Texas and Arkansas.
*Name(s) have been changed to protect the client’s identity.
Lone Star Legal Aid (LSLA) is a 501(c)(3) nonprofit law firm focused on advocacy for low-income populations by providing free legal education, advice, and representation. LSLA serves millions of people at 125% of federal poverty guidelines, who live in 72 counties in the eastern and Gulf Coast regions of Texas, and 4 counties in Southwest Arkansas. To learn more about Lone Star Legal Aid, visit our website at www.LoneStarLegal.org.
Media contact: media@lonestarlegal.org