the essential guide - Texas Council on Family Violence

the essential guide - Texas Council on Family Violence the essential guide - Texas Council on Family Violence

11.07.2015 Views

Family Law CasesFamily Law Cases are civil legal matters pertaining to ong>theong> family. Since ong>theong>y are civil matters, each party isresponsible for finding and paying ong>theong>ir own attorney.DivorceA divorce will dissolve a marriage, determine custody and support of any children of ong>theong> marriage, anddetermine ong>theong> 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 ong>theong> case that are in dispute, ong>theong> longer itis likely to take.Suit Affecting ong>theong> Parent Child Relationship (SAPCR)For couples with children, ong>theong> legal process of determining custody and support of ong>theong> children is called aSuit Affecting ong>theong> 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 ong>theong>mselves vulnerable as ong>theong>y move through ong>theong> family law courts formany reasons. If ong>theong>y have children with ong>theong>ir abuser, ong>theong>y may be forced to have ongoing contact withong>theong> batterer for visitation and exchange of ong>theong> children.The focus of family law is on ong>theong> best interest of ong>theong> children. It is a common expectation that parentsshould be cooperative, have positive interactions and get along for ong>theong> benefit of ong>theong> children.In ong>Texasong>, it is presumed that joint custody, in which parents make decisions about ong>theong> children togeong>theong>r,is best for ong>theong> children—except in cases involving family violence where ong>theong>re is no balance of power andjoint determinations cannot be made fairly or safely. A savvy batterer can use ong>theong> legal system tomanipulate, harass, control or punish his victim for years. For an in-depth look at ong>theong> challenges victims face in custody cases with ong>theong>ir abusers, see LundyBancroft’s article titled “Understanding ong>theong> 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 ong>theong> ong>Texasong> Family Code (depending onjurisdiction). If child support is established in one of ong>theong>se cases it is recommended that ong>theong> survivor“register” ong>theong> case with ong>theong> ong>Texasong> Office of ong>theong> 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 ong>theong> violence is not disclosed to ong>theong>ir attorney, ong>theong> attorney may notbe able to get safe court orders. Client should always stay in communication with ong>theong>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 anoong>theong>r type of order, ong>theong> Office of ong>theong> 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 ong>theong> children, collection and enforcement services. The OAG Child SupportDivision will only enforce child support orders for which a parent has applied for ong>theong>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 ong>theong> OAG in order to prompt enforcement.)It is important to note that access and visitation (custody) of ong>theong> children will be established as a part ofan OAG child support order. Furong>theong>r, ong>theong> OAG child support process requires some interaction betweenong>theong> parents. If survivors need ong>theong>ir address protected or furong>theong>r safety precautions taken, ong>theong>y shouldrequest a Family Violence Indicator on ong>theong>ir case. For more information about ong>theong> 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 ong>theong> 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 ong>theong>ir livesat some point.THE ESSENTIAL GUIDE: AN INTRODUCTION TO ADVOCATING FOR SURVIVORS OF FAMILY VIOLENCE33 | P a g e

An Advocate’s Role…Assist with safety planning, including l<strong>on</strong>g-term safety planning for visitati<strong>on</strong> exchanges, ifapplicable.Inform clients that if <str<strong>on</strong>g>the</str<strong>on</strong>g> violence is not disclosed to <str<strong>on</strong>g>the</str<strong>on</strong>g>ir attorney, <str<strong>on</strong>g>the</str<strong>on</strong>g> attorney may notbe able to get safe court orders. Client should always stay in communicati<strong>on</strong> with <str<strong>on</strong>g>the</str<strong>on</strong>g>irattorney.Provide general informati<strong>on</strong> about types of family law cases.Provide referrals for free or low-cost legal c<strong>on</strong>sultati<strong>on</strong> or representati<strong>on</strong> in family lawmatters.Provide accompaniment to court hearings.Outside of establishment within ano<str<strong>on</strong>g>the</str<strong>on</strong>g>r type of order, <str<strong>on</strong>g>the</str<strong>on</strong>g> Office of <str<strong>on</strong>g>the</str<strong>on</strong>g> Attorney General (OAG): ChildSupport Divisi<strong>on</strong> 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 visitati<strong>on</strong> to <str<strong>on</strong>g>the</str<strong>on</strong>g> children, collecti<strong>on</strong> and enforcement services. The OAG Child SupportDivisi<strong>on</strong> will <strong>on</strong>ly enforce child support orders for which a parent has applied for <str<strong>on</strong>g>the</str<strong>on</strong>g>ir services. (Forexample, a parent that has <strong>on</strong>ly “registered” an order that was established as part of a divorce wouldneed to apply for services through <str<strong>on</strong>g>the</str<strong>on</strong>g> OAG in order to prompt enforcement.)It is important to note that access and visitati<strong>on</strong> (custody) of <str<strong>on</strong>g>the</str<strong>on</strong>g> children will be established as a part ofan OAG child support order. Fur<str<strong>on</strong>g>the</str<strong>on</strong>g>r, <str<strong>on</strong>g>the</str<strong>on</strong>g> OAG child support process requires some interacti<strong>on</strong> between<str<strong>on</strong>g>the</str<strong>on</strong>g> parents. If survivors need <str<strong>on</strong>g>the</str<strong>on</strong>g>ir address protected or fur<str<strong>on</strong>g>the</str<strong>on</strong>g>r safety precauti<strong>on</strong>s taken, <str<strong>on</strong>g>the</str<strong>on</strong>g>y shouldrequest a <strong>Family</strong> <strong>Violence</strong> Indicator <strong>on</strong> <str<strong>on</strong>g>the</str<strong>on</strong>g>ir case. For more informati<strong>on</strong> about <str<strong>on</strong>g>the</str<strong>on</strong>g> child support processand protecti<strong>on</strong>s to victims of family violence who choose to pursue child support. For more informati<strong>on</strong>, visit www.getchildsupportsafely.orgNOTE: Cooperati<strong>on</strong> with Child Support is mandatory for recipients of certain Public Benefits. However,victims of family violence can request <str<strong>on</strong>g>the</str<strong>on</strong>g> <strong>Family</strong> <strong>Violence</strong> Opti<strong>on</strong> and get a Good Cause Waiver to notparticipate if it would be dangerous to do so. More informati<strong>on</strong> 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 <str<strong>on</strong>g>the</str<strong>on</strong>g>ir livesat some point.THE ESSENTIAL GUIDE: AN INTRODUCTION TO ADVOCATING FOR SURVIVORS OF FAMILY VIOLENCE33 | P a g e

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