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

A common way abusers instill fear in victims is to threaten to have ong>theong>ir children removed. This isparticularly true in cases involving immigrant victims. Misunderstanding of ong>theong> system can lead victims tonot disclose abuse. In some circumstances, victims have been charged for neglect or failure to protectbecause of remaining in a violent home.InvestigationCPS investigates and makes a determination if child abuse or neglect occurred. CPS determinations arereason to believe (that abuse or neglect occurred), unable to determine (if abuse or neglect occurred), orruled out (no abuse or neglect occurred). The CPS case may be closed, regardless of ong>theong> determination, ifong>theong> child is currently safe and not believed to be at risk for future abuse or neglect.Services OnlyCPS may stay involved with a family by creating a service plan outlining certain steps ong>theong> parent can taketo avoid additional action on ong>theong> part of CPS. CPS may require participation in support services as a partof ong>theong> safety plan. This involvement is termed services only.Court-Ordered ServicesCPS may elect to seek a court order mandating ong>theong> parent to participate in services and follow a serviceplan. If ong>theong> court is not aware of ong>theong> abuse, an unsafe or incomplete service plan may be ordered. Noncompliancewith court-ordered services can lead to removal of ong>theong> children from ong>theong> parent’s care.TerminationIn severe cases, CPS seeks to terminate parental rights. This can happen if ong>theong> parent is non-compliantwith CPS or if ong>theong> parent does not wish to regain custody of ong>theong> child.Legal Advocacy vs. Legal AdviceAs you can see, navigating ong>theong> civil and criminal justice system is a challenging arena where survivorsneed a great deal of support. To provide that support you must know your role as an advocate, but alsounderstand ong>theong> limits of that role.Advocates CAN provide general legal information, referrals and support to survivors. Advocates CANNOTprovide legal advice, counsel orrepresentation.You may want to remind survivorsyou work with that you are not anattorney and cannot provide legaladvice.An Advocate’s Role…Inform survivors of ong>theong> “Affidavit of Non-Disclosure”form to request address confidentiality.At survivors request, join for interviews & initialmeetings regarding benefitsTHE ESSENTIAL GUIDE: AN INTRODUCTION TO ADVOCATING FOR SURVIVORS OF FAMILY VIOLENCE34 | P a g e

Chapter 4: Economic Options for SurvivorsIn this chapter you will: Identify ong>theong> dynamics of financial abuse. Identify public benefits and review application processes. Identify economic resources including child support, employment services and tax breaks. Identify additional resources available to immigrant survivors, older survivors or survivors withdisabilities.“Being oppressed means ong>theong> absence of choices.” – Bell HooksFinancial AbuseFinancial Abuse (or Economic Abuse) is a common, but often overlooked, element of an abusiverelationship. Batterers will often use financial means to obtain and maintain control and keep ong>theong>irpartner trapped in ong>theong> relationship.Types of Financial Abuse (from ong>theong> National Network to End Domestic Violence All State FinancialEmpowerment Curriculum):‣ Controlling all decisions of how money is spent.‣ Withholding money or “giving an allowance.”‣ Withholding basic living resources, medication or food.‣ Prohibiting partner to work or earn money.‣ Stealing partner’s identity, money, credit or property.Even after leaving an abusive partner, a survivor of family violence may spend years coping with ong>theong>consequences of ong>theong> financial abuse.Long-term impacts may include:‣ Lack of knowledge about money matters and inexperience managing finances: Some survivorsmay never have opened or managed a bank account, paid bills or used credit.‣ Poor work history: Batterers may forbid ong>theong>ir partners to work, force ong>theong>m to work, or interferewith employment to ong>theong> point of causing poor attendance, performance or job loss.‣ Poor credit: It is not uncommon for abusers to destroy ong>theong>ir partner’s credit or property in anattempt to furong>theong>r isolate ong>theong>m and trap ong>theong>m in ong>theong> relationship. To this end, batterers may takeout extensive debts in ong>theong> partner’s name with no intention of repaying ong>theong>m.THE ESSENTIAL GUIDE: AN INTRODUCTION TO ADVOCATING FOR SURVIVORS OF FAMILY VIOLENCE35 | P a g e

Chapter 4: Ec<strong>on</strong>omic Opti<strong>on</strong>s for SurvivorsIn this chapter you will: Identify <str<strong>on</strong>g>the</str<strong>on</strong>g> dynamics of financial abuse. Identify public benefits and review applicati<strong>on</strong> processes. Identify ec<strong>on</strong>omic resources including child support, employment services and tax breaks. Identify additi<strong>on</strong>al resources available to immigrant survivors, older survivors or survivors withdisabilities.“Being oppressed means <str<strong>on</strong>g>the</str<strong>on</strong>g> absence of choices.” – Bell HooksFinancial AbuseFinancial Abuse (or Ec<strong>on</strong>omic Abuse) is a comm<strong>on</strong>, but often overlooked, element of an abusiverelati<strong>on</strong>ship. Batterers will often use financial means to obtain and maintain c<strong>on</strong>trol and keep <str<strong>on</strong>g>the</str<strong>on</strong>g>irpartner trapped in <str<strong>on</strong>g>the</str<strong>on</strong>g> relati<strong>on</strong>ship.Types of Financial Abuse (from <str<strong>on</strong>g>the</str<strong>on</strong>g> Nati<strong>on</strong>al Network to End Domestic <strong>Violence</strong> All State FinancialEmpowerment Curriculum):‣ C<strong>on</strong>trolling all decisi<strong>on</strong>s of how m<strong>on</strong>ey is spent.‣ Withholding m<strong>on</strong>ey or “giving an allowance.”‣ Withholding basic living resources, medicati<strong>on</strong> or food.‣ Prohibiting partner to work or earn m<strong>on</strong>ey.‣ Stealing partner’s identity, m<strong>on</strong>ey, credit or property.Even after leaving an abusive partner, a survivor of family violence may spend years coping with <str<strong>on</strong>g>the</str<strong>on</strong>g>c<strong>on</strong>sequences of <str<strong>on</strong>g>the</str<strong>on</strong>g> financial abuse.L<strong>on</strong>g-term impacts may include:‣ Lack of knowledge about m<strong>on</strong>ey matters and inexperience managing finances: Some survivorsmay never have opened or managed a bank account, paid bills or used credit.‣ Poor work history: Batterers may forbid <str<strong>on</strong>g>the</str<strong>on</strong>g>ir partners to work, force <str<strong>on</strong>g>the</str<strong>on</strong>g>m to work, or interferewith employment to <str<strong>on</strong>g>the</str<strong>on</strong>g> point of causing poor attendance, performance or job loss.‣ Poor credit: It is not uncomm<strong>on</strong> for abusers to destroy <str<strong>on</strong>g>the</str<strong>on</strong>g>ir partner’s credit or property in anattempt to fur<str<strong>on</strong>g>the</str<strong>on</strong>g>r isolate <str<strong>on</strong>g>the</str<strong>on</strong>g>m and trap <str<strong>on</strong>g>the</str<strong>on</strong>g>m in <str<strong>on</strong>g>the</str<strong>on</strong>g> relati<strong>on</strong>ship. To this end, batterers may takeout extensive debts in <str<strong>on</strong>g>the</str<strong>on</strong>g> partner’s name with no intenti<strong>on</strong> of repaying <str<strong>on</strong>g>the</str<strong>on</strong>g>m.THE ESSENTIAL GUIDE: AN INTRODUCTION TO ADVOCATING FOR SURVIVORS OF FAMILY VIOLENCE35 | P a g e

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