'Complex, intimate relationships': Travis County DA to address family violence prosecutions

Earlier this month, in a one-on-one interview with KXAN investigators, José Garza said these offenses, along with other violent crimes, were the priority for his office but were often some of the "most difficult" cases to prove.

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AUSTIN (KXAN) -- The Travis County District Attorney's office plans to announce new policies aimed at centering the needs of family violence victims, as well as more details about its efforts to prosecute family violence offenses, at a press conference on Tuesday.

Earlier this month, in a one-on-one interview with KXAN investigators, José Garza said these offenses, along with other violent crimes, were the priority for his office but were often some of the "most difficult" cases to prove.

During the interview, his office provided statistics showing it had secured more than 400 family violence convictions last year. His office said, when compared to the number of family violence cases it received in 2022, that brings its conviction rate up from 45% in 2021 to 83% in 2022, according to the office's analysis.

Meanwhile, data recently obtained and analyzed by KXAN investigators through a public records request revealed the office also had dismissed or rejected hundreds of family violence cases in 2022. More specifically, "assault on a family or household member" ranked in the top five offenses with the most dismissals and rejections that year.

"In the overwhelming majority of instances, domestic violence cases arise out of complex, intimate relationships between parties," Garza said, noting prosecutors will sometimes dismiss or reject cases at the request of the victim or because the victim will not cooperate with the prosecution.

The data obtained by KXAN investigators showed the top reason for family violence case dismissals in 2022 was listed as "Complaining Witness Request."

He said, "In each of those cases, the district attorney's office makes an independent evaluation of our public safety as a community and the safety of that victim to make a determination about whether we can and should move forward without them. But as a general rule, it remains very difficult to secure convictions without the support and testimony of the victim."

KXAN investigators asked Garza about instances when his office pushes forward with a case, even without victim cooperation.

He explained that they will also evaluate how serious the harm committed against the victim was, as well as the history of violence between the victim and the defendant.

"What I mean by that is in instances where we see evidence of escalating violence between this defendant and this victim, that gives us great concern, obviously, about the safety of the victim," he said.

At Tuesday's press conference, Garza and his team are expected to encourage more than 70 victims of family violence to come forward, according to a release sent out ahead of the event. Nikita Ved, the Vice President of Community Services at SAFE Alliance, is expected to join the DA's office at the event.

KXAN will have a crew at the press conference and will update this story when more details are available.