Domestic Violence

Protecting Families From Violence

admin — Tue, 12 Jun 2018 19:18:11 +0000

Protecting Families From Violence admin Tue, 06/12/2018 - 15:18

Legal Services of the Hudson Valley's (LSHV) client Jenni’s* husband was physically abusive to her and had an alcohol and pill problem. Her husband was also an absentee father, and as a result of his drug use, contributed to a significant mental health issue for Jenni’s daughter as he would frequently appear and disappear from her life.

The husband was in Florida in a rehab center, and upon his discharge and return back to New York, LSHV served him with child custody and support petitions. Thereafter, the husband showed up at Jenni’s daughter’s gymnastics tournament impaired, yelling and trying to grab her, which led LSHV to file an Order of Protection in family court on behalf of Jenni.

*(Name changed)

Children’s Welfare Domestic Violence Opioid

Domestic Violence

New York

Protecting Domestic Violence Survivors So They Can Rebuild Their Lives | Missouri

admin — Thu, 21 Jan 2016 17:20:36 +0000

Protecting Domestic Violence Survivors So They Can Rebuild Their Lives | Missouri admin Thu, 01/21/2016 - 12:20

Leanne,* a 37-year-old housewife and mother of three kids, had been involved in an abusive marriage for 15 years.

Leanne knew she had to escape after her husband slammed her head against the wall and choked her so hard she passed out in front of the kids. When her oldest son tried to help, he was thrown to the ground, put in a headlock, and burned on his arm with a lit cigarette.
After police arrived at her house, Leanne was taken to the hospital with a concussion, two black eyes, and bruises all over her body. She had to get a brace for her neck.

That night changed everything for Leanne. She immediately filed four Orders of Protection against her husband, seeking safety for her children and herself. When her husband realized he was not allowed in the home, he hired an attorney and filed for divorce within six weeks.

Meanwhile, Leanne was without any income after losing her job due to the residual effects of her injuries and an impaired ability to work. Her mother in law, who owned the family home, served Leanne with an action for Unlawful Detainer. Leanne and her children were being kicked out, after nearly a decade of living there.

Facing homelessness and destitution, Leanne contacted Legal Aid of Western Missouri (LAWMO) for help. With three kids looking to her for shelter, support, and strength, she felt hopeless and alone and was starting to regret ever calling the police on her husband.

LAWMO attorneys represented Leanne in the Orders of Protection, the Unlawful Detainer, and in the divorce proceedings. After several court appearances and arduous negotiations, the Unlawful Detainer action against her was dismissed. Leanne and her kids were able to stay in their home for many months, until they could find a new home. She was granted full custody of her children, who now see their dad only in the safety and care of a therapist.

*Names have been changed

Domestic Violence

Missouri

Helping Domestic Violence Survivors Access Legal Protection | Kentucky

admin — Wed, 20 Jan 2016 21:54:45 +0000

Helping Domestic Violence Survivors Access Legal Protection | Kentucky admin Wed, 01/20/2016 - 16:54

One night, Rebecca’s husband became angry with her. He began pushing her, banging her head into walls, and slamming her onto the floor.

Rebecca tried to sneak out of the house after her husband calmed down. He caught her and attacked her again. This time, she was able to get away long enough to call to the police without her husband’s knowledge. When the police arrived, her husband began threatening to kill the client and their baby. He also made threats to the police, charged at them, and had to be tased. He was arrested and charged criminally.

With her husband in jail, Rebecca quickly contacted Legal Aid of the Bluegrass for legal assistance. Attorneys represented her during a domestic abuse hearing, and were able to get the police officer to testify.

On the day of the hearing, after Rebecca’s husband saw that a police officer was there to testify against him, he agreed to a 3-year protective order with no contact with Rebecca or members of her household, including their infant child.

Legal Aid of the Bluegrass attorneys stand ready to assist Rebecca in the future should she have any more trouble arising from this incident.

*Names have been changed.

Children’s Welfare Domestic Violence

Domestic Violence

Kentucky

Domestic Violence Survivor Wins Custody | Illinois

admin — Wed, 20 Jan 2016 20:59:46 +0000

Domestic Violence Survivor Wins Custody | Illinois admin Wed, 01/20/2016 - 15:59

After enduring a physically abusive relationship, Rebecca* was shocked when the Illinois Department of Children & Family Services (DCFS) determined that she had committed child abuse and threatened to take away her children.

DCFS began the investigation as the result of a report when Rebecca sought an Order of Protection from her abusive domestic partner. DCFS failed to understand the dynamics of domestic violence and simply found Rebecca at fault for the abuse, rather than recognizing that Rebecca was a victim of abuse. DCFS also failed to recognize the reasonable steps that Rebecca had taken to protect herself and her children.

As a result of DCFS’s finding of abuse Rebecca lost her job at a childcare center. Unemployed and in danger of losing custody of her children, she contacted Prairie State Legal Services (PSLS) for help.

Rebecca’s attorneys at PSLS represented her in an appeal of the DCFS finding, and were able to get it reversed. They helped Rebecca expunge her record, enabling her to retain employment and maintain custody of her children.

*Names have been changed

Domestic Violence

Illinois

Mother and Domestic Violence Survivor Flee

admin — Wed, 20 Jan 2016 20:44:11 +0000

Mother and Domestic Violence Survivor Flee admin Wed, 01/20/2016 - 15:44

Maria was referred to the Northwest Colorado Legal Services Project (NCLSP) by the women’s shelter where she was staying with her children. Her husband brought her to America and did not allow her to leave their home during the ten years of their marriage. Maria fled to the shelter and sought a protection order. After being served with the protection order, her husband filed for divorce and sought to move both cases to the county where he lived. NCLSP recruited a volunteer attorney, Erik Halverson, who practiced in the county where the shelter was located. Mr. Halverson successfully petitioned the court to allow both cases to be heard in the jurisdiction where Maria was living in the shelter. With the help of NCLSP Maria was granted divorce, alimony and regular child support payments.

Children’s Welfare Domestic Violence

Domestic Violence

Colorado

Protecting a Mother of six from Domestic Violence | Alaska

admin — Mon, 17 Aug 2015 15:40:07 +0000

Protecting a Mother of six from Domestic Violence | Alaska admin Mon, 08/17/2015 - 11:40

The violence was horrific. Mrs. Thomas' husband once made her and their two eldest daughters stand in a pile of broken glass while he beat them. The abusive spouse also isolated them from the outside world: Mrs. Thomas was not allowed to drive or even have a driver's license, and the children were not allowed to enroll in public school. The family's sole social life involved home, work, and church. The isolation made it possible for the abusive spouse to continue his violence and control without anyone ever knowing or suspecting.

After more than twenty years of abuse, Mrs. Thomas courageously left the marriage. Enraged, the abusive spouse took the couple's four youngest children and would not let their mother see them for an entire year.

Mrs. Thomas turned to the Alaska ��˶�� for help. With legal representation, she obtained a divorce and permanently separated from her abusive spouse. She was also able to regain custody of their children.

Mrs. Thomas and the children have since moved out of state and have started new violence-free lives.

*Names have been changed

Domestic Violence

Alaska

Protecting Victims of Domestic Violence

admin — Mon, 17 Aug 2015 15:38:54 +0000

Protecting Victims of Domestic Violence admin Mon, 08/17/2015 - 11:38

Mrs. Thomas,* a mother of six children, was married to an extremely violent man. The violence was horrific. Mrs. Thomas' husband once made her and their two eldest daughters stand in a pile of broken glass while he beat them. The abusive spouse also isolated them from the outside world: Mrs. Thomas was not allowed to drive or even have a driver's license, and the children were not allowed to enroll in public school. The family's sole social life involved home, work, and church. The isolation made it possible for the abusive spouse to continue his violence and control without anyone ever knowing or suspecting.

Mrs. Thomas and the children have since moved out of state and have started new violence-free lives.

*Names have been changed

Domestic Violence

Alaska

Helping A Domestic Violence Survivor Protect Her Family

admin — Fri, 14 Aug 2015 17:38:28 +0000

Helping A Domestic Violence Survivor Protect Her Family admin Fri, 08/14/2015 - 13:38

Mai* is a young Hmong-American mother who speaks limited English. She decided to leave Wisconsin with her child to escape an abusive marriage, fleeing to Minneapolis, MN.

In Minneapolis, Mai obtained a restraining order against her husband and was granted temporary sole legal custody of their child. However, the custody order was not enforceable because Wisconsin maintained jurisdiction over the case. Central Minnesota Legal Services referred Mai to Legal Action of Wisconsin (Legal Action).

A Legal Action pro bono attorney represented Mai in the highly contested divorce and custody case. Since Mai primarily spoke Hmong, an interpreter was used throughout the case.

In an effort to assert on-going control over Mai, her husband demanded significant time with their child, which involved expensive travel that Mai could not afford. Mai’s pro bono attorney argued that the best interest of the child included consistent access to a Head Start program and limited visitation with the father.

With the help of her pro bono attorney, Mai was finally granted primary custody and was awarded $943 in monthly support. The volunteer attorney invested 320 pro bono hours on the case. With the help of Legal Action, Mai broke the cycle of violence and obtained protection for herself and her child.

*Names have been changed.

Children’s Welfare Domestic Violence

Domestic Violence

Wisconsin

Legal Aid Helps A Domestic Violence Survivor Save Her Home

admin — Wed, 12 Aug 2015 15:26:18 +0000

Legal Aid Helps A Domestic Violence Survivor Save Her Home admin Wed, 08/12/2015 - 11:26

Annie* first contacted Legal Aid of West Virginia (LAWV) for help through the Children’s Education Law project.

Rhonda McCormick, LAWV’s project advocate, assisted Annie in obtaining an appropriate Individualized Educational Plan for Annie’s daughter, who has a behavioral health diagnosis that was affecting her schooling. As Annie got to know and trust Rhonda, Annie opened up to her and disclosed that her husband Carl* was abusing her and the children.

LAWV assisted Annie with a domestic violence petition. Carl was highly contentious and initially ignored the family court’s orders. Melissa Hager, the children’s project attorney, went on to help Annie with a divorce, a custody modification, two contempt hearings, and an additional domestic violence petition in order to enable Annie and her children to attain safety.

The family court judge also ordered Carl to pay Annie’s property tax and utility bills. Because Carl refused to pay the bills, Annie’s gas was cut off, leaving her with no heat and only cold water at her house. Annie was also in danger of losing the home and the car she was awarded in the divorce case, both of which were paid off at the time of the divorce, because Annie had to borrow money against them to pay the property taxes.

LAWV attorneys also represented Annie in a Social Security Administration case. The judge, after three hearings, awarded Annie $20,253.33 in back benefits and a monthly SSI check of $619.

Thanks to her SSI lump sum award, Annie will be able to keep her house and her car, and have her gas and hot water turned back on.
Annie and her family will be safe with income and their own home, thanks to legal aid.

*Names have been changed.

Domestic Violence

West Virginia

Domestic Violence and Cancer Survivor Finds Help From Legal Aid

admin — Tue, 11 Aug 2015 17:19:40 +0000

Domestic Violence and Cancer Survivor Finds Help From Legal Aid admin Tue, 08/11/2015 - 13:19

Leanne* married a man who was once charming, fun and loving. However, after the honeymoon phase she began to experience physical, emotional, verbal, and financial abuse.

“He was like Jekyll and Hyde,” Leanne said.

Things became even worse when Leanne learned she had stage four cancer. Shockingly, the abuse only got worse.

Because of her illness, Leanne could not get around without a walker. Her husband continued to brutally beat her. “He assaulted me ten times in two months. He held me over a balcony and threw me down a flight of stairs.”

In an effort to protect her daughter from seeing the abuse and to protect her own sense of dignity, Leanne decided she had to make a change. “I didn’t know what to say or where to go,” she said.

She found New Mexico Legal Aid (NMLA); the attorneys helped her get out of the rental lease she had with her husband. NMLA obtained restraining orders to protect Leanne and her daughter, and handled all legal aspects of the divorce.

Asked about dealing with the legal system, Leanne said, “It was very intimidating but I’m so much happier.”

Today, though battling cancer, Leanne is now in her own apartment and free from violence. She hopes to be a role model to women trying to escape violent situations.

*Names have been changed

Domestic Violence

New Mexico

Domestic Violence

Protecting Families From Violence

Protecting Domestic Violence Survivors So They Can Rebuild Their Lives | Missouri

Helping Domestic Violence Survivors Access Legal Protection | Kentucky

Rebecca*, a young mother, was trapped in an abusive marriage.

Domestic Violence Survivor Wins Custody | Illinois

Mother and Domestic Violence Survivor Flee

Protecting a Mother of six from Domestic Violence | Alaska

Mrs. Thomas,* a mother of six children, was married to an extremely violent man.

Protecting Victims of Domestic Violence

Helping A Domestic Violence Survivor Protect Her Family

Legal Aid Helps A Domestic Violence Survivor Save Her Home

Domestic Violence and Cancer Survivor Finds Help From Legal Aid