Hays County to increase domestic violence victim support

SAN MARCOS — While prosecutors fight for justice, behind the scenes in Hays County there is another resource for victims, rooting for a vulnerable population in and out of the courtroom.

Hays County is in the process of creating its Family Justice Division with a specialized domestic violence victim advocate coordinator (VAC) to better aid community members.

According to the Hays County Victim Services Division, VACs are dedicated to providing the best possible direct and personal service to victims of crime and their families by helping victims through the court process, such as updating the progress of the case, relaying their concerns to assistant district attorneys (ADA), providing emotional support and more.

“It is incredibly emotionally demanding,” Hays County Criminal District Attorney Kelly Higgins said of the position. “Their loyalties aren’t necessarily to the prosecution of a case; their connection is to the victim. It’s a very personal connection. There are very few trials, when at the end of the trial, when everybody’s coming back down to the office, the VACs don’t have tears in their eyes. It is the hardest job in the office.”

One of the first issues Higgins noticed when coming into office was the lack of communication between victims and VACs, with some waiting more than a year into their case before being contacted. Even if there are not that many updates in the case, he continued, it’s important to share that there is someone on their side supprting them.

In addition to the communication issues, he noted that there were other solutions, such as protective remedies, that are needed.

With an increasing number of cases, Higgins’ goal was to create a specialized position, expanding the roles of the traditional VAC. The District Attorney’s Office mapped out a plan to create a Special Victims Unit, later named the Family Justice Division.

Currently, there are six district courts, each with a chief, second and third chair and an assigned VAC.

The new division will specialize in high-level domestic or intimate partner violence, as well as sexual assault and child abuse cases. Additionally, rather than having its own court, the chief will travel to all courts to work on the cases. ADA Kathleen "Katie" Arnold, who, according to Higgins, is a “well-seasoned” professional and often handles cases of this nature, has been named for the position.

The DA’s Office has also added a new domestic violence VAC for the division. Dr. Kenneth Elliott spent 42 years in public service, working in both community and school-based mental health settings, and has experience as a clinically certified domestic violence counselor, licensed marriage and family therapist, clinically certified forensic counselor and a certified school counselor. During his time in these positions, he was honored on the state and national level for developing and providing school-based trauma informed counseling services.

“[I cannot] begin to describe my feelings about this new position in our community, nor the honor it is to be selected and able to help grow this much needed service. Personally, like so many others, my own family has been touched by family violence and I have lost friends/co-workers to domestic violence,” Elliott explained. “Breaking the cycles of intergenerational family violence is everyone’s work and should not just fall on the shoulders of women’s centers and law enforcement professionals.”

He will be assisting survivors with multiple services, such as giving referrals to services and safe housing, which is largely due to connections with the Hays-Caldwell Women’s Center, where Elliott serves on the board. But the biggest change in the role will be the newly added lethality assessment.

According to the DA, this assessment, a series of questions asked of the victim, requires a license to conduct. Affirmative answers yield the possibility of a threat or danger for that individual. Then, Elliott will work with the victim on a safety plan, which, according to the National Domestic Violence Hotline, is a set of actions that can help lower the risk of being hurt by a partner.

“What can you do in advance of somebody losing their cool and attacking you? You can arm yourself; you can take taekwondo. You can try to just fight back or you could have a sort of separate plan: What do you do when you feel this is about to happen? How do you get to a safe place? How do you get kids out? How do you get your toothbrush out?” Higgins asked.

He continued, stating that, with the exception of a bodyguard, this is the best resource the DA’s Office can provide — giving survivors as much knowledge as they can, solid advice and a plan.

The DA explained that this division is integral to the county, due to the disproportionate amount of domestic violence and the level of anxiety that is present in such cases. For example, if someone is robbed by a stranger, there is no relationship or ties to the perpetrator; however, in a domestic violence case, there are multiple factors at play, such as integrated finances or children.

“Once somebody’s hit you, you know a lot more about them than you knew before — extremely important things about them … You’re faced with a decision. Do I want to cooperate with the prosecution and have this person come to justice? Or do I want to protect my own interests, or what I perceive as my interests, and stay with them? Maybe [you] love them so much and forgive them for what they did,” he said. “We’re now in the position of trying to convince you that it is in your interest and the larger interest of the world to come and tell a jury what happened.”

It is in these moments that victims are often scared, whether that be because they fear for their safety should they testify or custody is threatened, according to Higgins.

This general reluctance is also what ties the child sexual abuse cases into the Family Justice Division, said Higgins, because of the proximity to abusers, which creates a longer, more drawn-out case.

“We’re at the dawn of society addressing domestic violence; the sun has just peeked over the horizon. We have so many miles to go before we’re full light of day, but I’m very committed in this office pushing us in that direction,” concluded Higgins.

“[ADA] Gregg Cox and [DA] Higgins created this brand new position to better serve victims of severe intimate partner violence cases. Together, we are developing a program to provide the highest level of professional care and attention to the needs of our most vulnerable [victims],” said Elliott. “My hope is that I can live up to the standards entrusted to me in this new role. However, even more importantly, my expectation is to provide every victim of intimate partner violence who walks into our office the highest professional standard of compassion [and] care as we help them navigate through the criminal justice system. Literally, their lives depend on it.”

The DA's office is hopeful to see the program running full force in the summer.