SAN ANTONIO – When someone charged with domestic violence is released from jail or prison, a survivor’s life can be in danger.
“Survivors deserve laws that reflect the realities of domestic violence, and communities deserve release procedures that are enforced, not merely promised on paper,” said an abuse survivor who almost lost her life months ago.
The survivor and her baby made it to the Battered Women and Children’s Shelter in San Antonio. While she is hiding her identity for their safety, she wants her ideas to be heard so future victims can be kept safer.
“The notification system for notifying victims of the release, that is one of our biggest gaps that we need to address,” she said.
“I know of a very specific case, perhaps three years ago. The perpetrator was allowed to bond out and went from jail directly to the home to kill the victim,” said Family Violence Prevention Services CEO Marta Pelaez.
Since then, Pelaez said notification systems have been strengthened, and a new law was just passed. However, she still has issues with both.
House Bill 2429 went into effect in September 2025. It mandates a “cooling off period” for people arrested and jailed for domestic violence charges, meaning when they bond out, they still cannot be released for a minimum of four hours.
“Four hours is not enough for anybody. Can you be ready to leave your house at 2 o’clock in the morning? Whatever hour of the day? Children in schools? In the hospital because the last battering incident?” Pelaez said.
The law states a magistrate can write an order to extend that to up to 24 or even 48 hours, if they believe “there is probable cause to believe the violence will continue if the person is immediately released.”
“Domestic violence is, by definition, a pattern of progressive behaviors,” Pelaez said. “We have to commonsensically believe that this guy is very upset and he’s blaming the victim for having been arrested. What is he going to do when he gets out? Maybe he won’t do anything, but maybe he will, as experience has proven. We cannot leave things to chance when a life is in the midst of it.”
“I was supposed to receive a text notification or phone call. I did not receive those,” she said. “I received an email notification, which it was sent within hours of release, but I did not see until almost midnight that same day. If I hadn’t been in a safe place, I could have been in all manner of danger.”
Pelaez said the IVSS alerts about offender release are vague and place the responsibility on a scared and scrambling victim.
“It is the responsibility of the victim to call the detention center with a code that she is given to ask, ‘When is so and so going to be released?’ ‘Not yet, ma’am. Call later,’” Pelaez said.
Pelaez and survivors see the good intention behind the newer updates. However, they hope legislators, the county and the state extend that minimum four hours and make notification alerts more detailed.
“I’m very grateful that the service does exist but there are still flaws within that system itself,” the survivor said.
If it’s an emergency, text or call 911. For wrap-around services including the Battered Women and Children’s Shelter, call Family Violence Prevention Services at (210) 733-8810.
You can also contact the Bexar County Family Justice Center, which also provides wrap-around services, at (210) 631-0100.
