AUSTIN, Texas — Editor's note: Survivors can reach out to the SAFEline at 512-267-7233 24/7 to get help determining if they’re being abused, finding an emergency shelter or getting connected with other support services. Texting is also available at 737-888-7233.
Survivors of domestic violence may have to wait up to a month to begin the legal process of obtaining a protective order in Travis County because of a backlog that grew for months.
Recently, the waitlist started slowly shrinking, but the Travis County Attorney's Office still has a waitlist of nearly 200 people seeking a protective order.
While they wait in limbo, resources are available, but their safety could be at risk.
The KVUE Defenders began looking into the issue when a viewer reached out after being told it would be 30 days before someone from the Travis County Attorney’s Office could call her back to start the intake process.
“I'm frightened,” she said.
KVUE is not naming or showing this woman but will call her "Mary" for this story.
“I don't know what's going to happen. And I don't like having to just look over my shoulder,” Mary told KVUE.
Mary is scared after feeling threatened by her ex-boyfriend and she wanted a protective order. She reached out to the Travis County Attorney’s Office in early January.
“I was ... I was floored. I said, ‘30 days. That seems not helpful,’” Mary said.
It’s an issue Travis County Attorney Delia Garza’s office is working to get a handle on.
In response to the KVUE Defenders’ request for an interview, her office provided the following statement:
"The COVID-19 pandemic has played a large part in a significant increase in incidents of domestic violence and the need for survivors to seek assistance and legal protection. While there has always been a wait for the processing of Protective Orders, we have gone from an average of 25 individuals waiting to have their application processed before the pandemic to about 250 today. This significant increase coupled with juggling staff shortages due to COVID related leave has increased the time individuals may wait to have their applications processed. During the pandemic, this wait has fluctuated from 2-4 weeks. As a result of this, we have close to doubled the resources available to address the increase in applications, entered into a partnership with SAFE to assist with safety planning and screenings, and have repurposed other office resources and staff.
"The Travis County Attorney’s Office remains committed to doing all it can to assist survivors of abuse during these challenging times."
As of Feb. 8, the protective order waitlist shrunk to 196, according to the County Attorney's Office. The wait is also getting a little shorter, nearing 20 days. The office also said that, as of now, everyone who calls in will speak with someone or get a call back the same day.
Under state law, a protective order hearing must be set within 14 days of an application being filed.
Before Garza took office, people seeking a protective order were required to go to the office in person to complete the intake process, First Assistant County Attorney Lucio Del Toro said. Sometimes, doing so led to people waiting all day and possibly being turned away to come back another day.
Now, as a result of the COVID-19 pandemic, the intake process can happen over the phone and potentially take up to four hours before the court process can begin.
To combat the issue, Garza’s office has added staff to assist. Three additional victim counselors – who are a key part of the intake process – have been added to the protective order division. The division also added an attorney for a total of five, the first addition of an attorney in many years, Del Toro said. Funding has also been obtained for a new paralegal.
To help fill the gap during the waiting period, Garza’s office has also enlisted the help of the SAFE Alliance.
“In the interim of a survivor reaching out for a protective order and actually being able to get it, they need some safety planning. And so that's what SAFEline has been able to immediately assess,” said Nikhita Ved, SAFE’s senior director of legal services.
Safety planning can include when a survivor should leave a relationship, where the survivor will stay after leaving, how to protect themselves or any children involved and more.
But even with that help, the wait for a protective order could put survivors at risk. It is a criminal offense to violate the order.
“We know that a survivor's situation changes daily and that they are always thinking about their own safety. So when they are asking for help, it is important that we are available to offer that help immediately,” Ved said.
For Mary, the need for quick help discouraged her from joining the waitlist. She instead turned to family and others who could help her with her current situation.
Ved said that’s an issue advocates fear could be common among others, too.
“I felt like it was not just an issue for me, but this could really impact other people as well,” Mary said. “This should be not something that's at the bottom of the list when they're … looking to like cut … funding.”
The Travis County Attorney’s Office and SAFE both want survivors to not be discouraged from requesting protection, urging anyone at risk to file a police report or call their offices if they feel threatened or are experiencing abuse. Domestic violence survivors are able to get protective order help from other non-profits, including Texas Rio Grande Legal Aide or Texas Legal Services, or private attorneys.
Survivors can reach out to the SAFEline at 512-267-7233 24/7 to get help determining if they’re being abused, finding an emergency shelter or getting connected with other support services. Texting is also available at 737-888-7233.
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