By Kristin Burns
TDCAA Domestic Violence Resource Prosecutor in Austin
Is it a new year already?! Time is flying by in my role as your Domestic Violence Resource Prosecutor. While the talk of new year’s resolutions is all around us, I am still feeling a bit reflective. Specifically, about the last issue of this journal where I wrote about Tarrant County’s Fatality Review Team.[1] I mentioned that it is different from a Domestic Violence High Risk Team (also known as a DVHRT). Both have their strengths. Please see the May–June 2023 issue of The Texas Prosecutor for an excellent article by Staley Heatly on the subject.[2] This article walks through the who, what, where, when, and why of a DVHRT and how you can implement the model with great success. Remember that a DVHRT’s goal is to connect the most at-risk victims with services as quickly as possible. It could save lives.
What I want to talk to you about now is how DVHRTs could utilize brand new and shiny tools courtesy of the 89th Texas Legislature. Consider this: We have several new tools at our disposal to keep family violence (FV) victims safe for a longer period, especially those who are deemed high risk. The best place to learn about these high-risk victims, including who they are, what their risks are, and what their needs may be, is DVHRTs. Information gained at the DVHRT meeting about risk and need can be implemented with our new tools.
Let’s start with protective orders.
1) The Code of Criminal Procedure now extends the length of time defendants can be held under Art. 17.291 (Further Detention of Certain Persons) after posting bond if there is probable cause to believe the violence will continue if the defendant is immediately released. The holding agency shall hold the defendant for four hours after bond is posted. The holding period may be extended to up to 48 hours if authorized in writing by a magistrate. If the hold exceeds 24 hours after bond is posted, the writing needs to state that the magistrate concluded that violence will continue, there is probable cause for the instant offense, and during the past 10-year period the defendant has been arrested for either a prior family violence offense or any other offense in which a deadly weapon was used or exhibited during the offense or immediate flight after the offense.
Notice that the statute requires only a prior arrest, not a conviction. And this is “shall” language—the legislature specifically removed the word “may.” But you can see that time is of the essence. Train local officers on your DVHRT to request these post-bond stays on high-risk cases. Train your magistrates too.
2) Article 17.292 of the Code of Criminal Procedure requires the period for a Magistrate’s Order of Emergency Protection (MOEP) to be extended under certain circumstances under subsection (j). If a MOEP involves a case with family violence or serious bodily injury, then the period for a MOEP is no less than 61 days and up to 91 days. If the MOEP involves the use or exhibition of a deadly weapon, then the period for the MOEP is no less than 91 days and up to 121 days.
The legislature also added subsection (d-3) to require law enforcement officers to inform the magistrate about the risk to family violence victims, including the facts of the current offense, the defendant’s criminal history, and his use of or access to a deadly weapon.
3Section 85.025 (Duration of Protective Order) in the Family Code clarifies that protective orders extend two years after a final divorce decree, SAPCR (suit affecting the parent-child relationship), or conclusion of the criminal case.
The lesson is clear: These new laws extend the time to protect family violence victims and give them time to (let’s hope) establish their independence. Check these codes to see if the facts brought up at your DVHRT can lengthen any post-bail holds and MOEPs to increase victim safety.
What about the updates regarding bail? If a defendant is charged with aggravated assault, consider evaluating his current bail under the updated laws. He may be eligible to be held without bail if the State can prove that the defendant’s current bail is insufficient to reasonably prevent his willful nonappearance in court, or to reasonably ensure the safety of the community, law enforcement, and the victim.[3]
All these new provisions require knowledge of a victim being at risk (the magistrate’s knowledge for the protective order and the judge’s knowledge regarding bail). And as Staley pointed out in his article, the DVHRT is the perfect place for members of law enforcement, prosecution, healthcare, Child Protective Services (CPS), and mental health to come together and notify each other of risk. It’s up to prosecutors, as the State, to get that information into the hands of the decision-makers to protect victims.
DV 101 course
Domestic Violence 101 is TDCAA’s new regional course for prosecutors, investigators, key personnel, victim assistance coordinators, law enforcement, and anyone who helps victims of intimate partner violence. The six hours of free CLE is a dynamic training with a new approach to age-old issues. So far, participants are singing the praises of the training as both creative and informative.
Let’s talk about what you can learn if you join us in one of the remaining courses for 2026. The course starts by evaluating victims in a new light. It’s not just about understanding the reality that victims are often reluctant or uncooperative. Prosecution is also about understanding why victims get into this position and how we can learn more about them and their circumstances. When we understand the victims’ “why,” we can build and present evidence-based cases to juries with better success.
Then the course goes into a topic that is brand new (and I am so excited about it): defendant psychology. While I am not a psychologist, I am learning as much as I can about FV defendants’ mindset. This section of training digs deeply into the types of defendants and their abusive behavior, highlights patterns associated with escalation, and evaluates which defendants are most dangerous. We also brainstorm potential cross-examination strategies and case evaluation based on defendant analysis.
No TDCAA course would be complete without a discussion of case evaluation and jury selection, and DV 101 is no different. How do you know if a case can survive a non-testifying victim? What do we do if the victim isn’t cooperative? How do we present over-the-top facts to a jury? The course also talks about hearsay, Crawford, and our new friend (or maybe foe) Heath.[4]
We end the day by learning how to “board” a case the Brazos County way. Boarding is the process of breaking down a case piece by piece. The trial attorneys present the case’s facts to members of the office, who then tear it down—in order to build it up. When the process is done correctly, there isn’t a defensive theory, legal issue, or “public perception problem” that hasn’t been addressed and overcome by the team.
Strategy and honest conversations are a cornerstone to DV 101. I am so excited about this class and the input from attendees so far. My plan is to bring the course to all eight TDCAA regions this year so everyone who wants to attend has the chance to.
Here is the rest of the 2026 schedule:
May 14 in Lubbock (Region 1)
June 10 in El Paso (Region 2)
June 24 in Nacogdoches (Region 5)
June 26 in Weatherford (Region 7)
June 30 in Tyler (Region 6).
(We have already presented classes in Burnet [Region 3], Carrizo Springs [Region 4], and Kyle [Region 8].)
Please see our webpage at www.tdcaa.com/training to register for upcoming dates and join us!
[1] Read it at www.tdcaa.com/journal/difficult-conversations-about-domestic-violence-fatalities.
[2] www.tdcaa.com/journal/what-a-domestic-violence-high-risk-team-can-do-in-your-jurisdiction.
[3] Tx. Const. Art. I, §11d.
[4] www.tdcaa.com/journal/diligently-prepare-and-be-vigilantly-aware-to-avoid-exclusion-under-heath.