the essential guide - Texas Council on Family Violence

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Family Law CasesFamily Law Cases are civil legal matters pertaining to <strong>the</strong> family. Since <strong>the</strong>y are civil matters, each party isresponsible for finding and paying <strong>the</strong>ir own attorney.DivorceA divorce will dissolve a marriage, determine custody and support of any children of <strong>the</strong> marriage, anddetermine <strong>the</strong> distribution of marital property, assets, and debts. It can take from a few months toupward of two years to finalize a divorce. The more elements of <strong>the</strong> case that are in dispute, <strong>the</strong> longer itis likely to take.Suit Affecting <strong>the</strong> Parent Child Relationship (SAPCR)For couples with children, <strong>the</strong> legal process of determining custody and support of <strong>the</strong> children is called aSuit Affecting <strong>the</strong> Parent Child Relationship (SAPCR). In divorces, conservatorship (custody) andpossession (visitation) are determined in that case.Custody Challenges for Victims of Family Violence:Family Violence victims may find <strong>the</strong>mselves vulnerable as <strong>the</strong>y move through <strong>the</strong> family law courts formany reasons. If <strong>the</strong>y have children with <strong>the</strong>ir abuser, <strong>the</strong>y may be forced to have ongoing contact with<strong>the</strong> batterer for visitation and exchange of <strong>the</strong> children.The focus of family law is on <strong>the</strong> best interest of <strong>the</strong> children. It is a common expectation that parentsshould be cooperative, have positive interactions and get along for <strong>the</strong> benefit of <strong>the</strong> children.In <strong>Texas</strong>, it is presumed that joint custody, in which parents make decisions about <strong>the</strong> children toge<strong>the</strong>r,is best for <strong>the</strong> children—except in cases involving family violence where <strong>the</strong>re is no balance of power andjoint determinations cannot be made fairly or safely. A savvy batterer can use <strong>the</strong> legal system tomanipulate, harass, control or punish his victim for years. For an in-depth look at <strong>the</strong> challenges victims face in custody cases with <strong>the</strong>ir abusers, see LundyBancroft’s article titled “Understanding <strong>the</strong> Batterer in Custody and Visitation Disputes.”Child SupportChild support may be ordered in many different ways. Some examples of legal matters that may includean order for child support include Dissolution of Marriage (Divorce), Suit Affecting a Parent – ChildRelationship (SAPCR-Custody), and Final Orders of Protection under <strong>the</strong> <strong>Texas</strong> Family Code (depending onjurisdiction). If child support is established in one of <strong>the</strong>se cases it is recommended that <strong>the</strong> survivor“register” <strong>the</strong> case with <strong>the</strong> <strong>Texas</strong> Office of <strong>the</strong> Attorney General.THE ESSENTIAL GUIDE: AN INTRODUCTION TO ADVOCATING FOR SURVIVORS OF FAMILY VIOLENCE32 | P a g e
An Advocate’s Role…Assist with safety planning, including long-term safety planning for visitation exchanges, ifapplicable.Inform clients that if <strong>the</strong> violence is not disclosed to <strong>the</strong>ir attorney, <strong>the</strong> attorney may notbe able to get safe court orders. Client should always stay in communication with <strong>the</strong>irattorney.Provide general information about types of family law cases.Provide referrals for free or low-cost legal consultation or representation in family lawmatters.Provide accompaniment to court hearings.Outside of establishment within ano<strong>the</strong>r type of order, <strong>the</strong> Office of <strong>the</strong> Attorney General (OAG): ChildSupport Division provides child support services to parents. This includes parent locator services;paternity establishment; and establishment of an order that includes financial and medical support andaccess and visitation to <strong>the</strong> children, collection and enforcement services. The OAG Child SupportDivision will only enforce child support orders for which a parent has applied for <strong>the</strong>ir services. (Forexample, a parent that has only “registered” an order that was established as part of a divorce wouldneed to apply for services through <strong>the</strong> OAG in order to prompt enforcement.)It is important to note that access and visitation (custody) of <strong>the</strong> children will be established as a part ofan OAG child support order. Fur<strong>the</strong>r, <strong>the</strong> OAG child support process requires some interaction between<strong>the</strong> parents. If survivors need <strong>the</strong>ir address protected or fur<strong>the</strong>r safety precautions taken, <strong>the</strong>y shouldrequest a Family Violence Indicator on <strong>the</strong>ir case. For more information about <strong>the</strong> child support processand protections to victims of family violence who choose to pursue child support. For more information, visit www.getchildsupportsafely.orgNOTE: Cooperation with Child Support is mandatory for recipients of certain Public Benefits. However,victims of family violence can request <strong>the</strong> Family Violence Option and get a Good Cause Waiver to notparticipate if it would be dangerous to do so. More information about Good Cause Waivers and HHSCbenefits can be found in Chapter 4.Child Protective Services (CPS)In family violence cases where children are present, law enforcement is required to report to ChildProtective Services. This means that many domestic violence victims will have CPS involved in <strong>the</strong>ir livesat some point.THE ESSENTIAL GUIDE: AN INTRODUCTION TO ADVOCATING FOR SURVIVORS OF FAMILY VIOLENCE33 | P a g e
Page 2 and 3: Table of ContentsIntroduction: Hist
Page 4 and 5: provide a unified statewide presenc
Page 6 and 7: The Family Violence Prevention and
Page 8 and 9: The chapters that follow will provi
Page 10 and 11: Understanding the
Page 12: Leaving an Abusive RelationshipTher
Page 15 and 16: Helps Plan for Future Safety Helps
Page 17 and 18: What is Active Listening?Active Lis
Page 19 and 20: Focus on SafetySurvivors of family
Page 21 and 22: Safety PlanningAs advocates, we nee
Page 23 and 24: Would the informat
Page 25 and 26: Victims who witness the</st
Page 27 and 28: Temporary Ex Parte Protective Order
Page 29 and 30: Here is an overview of some of <str
Page 34 and 35: A common way abusers instill fear i
Page 36 and 37: An Advocate’s Role…AssessExplor
Page 38 and 39: Pregnant women not eligible for Med
Page 40 and 41: Texas Advocacy Gui
Page 42 and 43: GuardianshipIn some cases, an adult
Page 44 and 45: Resources to AssessQuestions to Ask
Page 46 and 47: VAWA protections (VAWA)VAWA require
Page 48 and 49: These protections fall into a few d
Page 50 and 51: housing and homeless issues in <str
Page 52 and 53: Individuals respond to traumatic ev
Page 54 and 55: Relocation Rental AssistanceRelocat
Page 56 and 57: Law Enforcement & Legal Services•
Page 58 and 59: Chapter 8: Coordination of Communit
Page 60 and 61: The end result of a well-maintained
Page 62 and 63: The success of offenders in a BIPP
Page 64 and 65: Finding SupportSince the</s
Page 66 and 67: Economic Justice ResourcesNational

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