One in three women and one in four men have experienced some form of physical violence by an intimate partner. Over time, there has been an ideological shift from domestic violence being considered a private issue to a public issue. While this shift is still in the process of occurring, many victims feel ashamed. Because of that shame and fear, they do not come forward to receive the help necessary to leave their abuser. It is much harder than society believes for a victim to leave an abusive relationship. Sometimes, the abuser is the victim’s spouse, and the abuser and victim may have children together. In these situations, the victim fears that if they leave the abuser, the victim may lose their children. However, much to the victim’s surprise, the victim may be at risk of losing their children even if they stay with their abuser.
One in fifteen children is exposed to domestic violence each year, and 90% of exposed children are present while the violence is occurring. Having abuse in the home is a serious risk for children. The abuser may escalate to abusing the children, or the children could develop psychological trauma from witnessing the abuse. As a result, the Child Welfare System may get involved with the family.
The Child Welfare System is a state intervention utilized when parents abuse, neglect, or abandon their children. The main purpose of the Child Welfare System is to protect children and reunite families whenever possible. The state intervenes when a confidential report is made to a child abuse hotline. For example, a neighbor may report hearing frequent yelling from the victim’s home. Abuse may also be reported by teachers, healthcare professionals, or the victims themselves. This report is then forwarded to a local Children and Youth Services Agency (“Agency”). The Agency investigates the alleged abuse or neglect to determine if the allegations can be substantiated. Usually, the allegations can be substantiated by physical signs of abuse or police reports. After the investigation, if the Agency determines that abuse or neglect has occurred, the Agency decides whether the child is able to remain safe in the parent’s home. If the Agency determines the child is unable to remain in the home, the Agency will remove the child and place the child in temporary custody of the Agency, usually in a foster care home.
At a shelter hearing, held within 72 hours after removal of the child from the home, a judge or hearing officer will make a finding authorizing the removal and give temporary custody of the child to the Agency. In addition, the judge or hearing officer will determine, on the advice of the Agency, what recommendations the parent must complete to be reunified with the child. In domestic violence situations, this can require the parent to refrain from contacting the abuser. At this time, the Agency will create a case plan consisting of rehabilitative services offered to the parent to ensure the child can safely return home. These services may include applying for public housing. The victim is living in a domestic violence shelter or applying for jobs because the victim has been unable to work. If reunification services are unsuccessful over a designated period of time, the Agency may file for termination of parental rights. If successful, the parent will lose all rights to their children, and the children will often be placed for adoption.
While this system seems unfair to domestic violence victims, it is the state’s top priority to make sure children are safe. During this process, victims may feel helpless, but there are some steps victims can take to help ensure they do not lose custody of their children. First, if a victim is being abused, reach out to support services, such as Turning Point. Turning Point is a free program that helps victims create a plan to leave their abusers. Second, if a victim is being physically abused, they may have legal grounds to file for a Protection from Abuse Order. A Protection from Abuse Order is a court action that requests the court to order the abuser to stay away from, and have no contact with, the victim and possibly the child or children. These two steps will allow the abuser and the children to be separated and lower the risk of the Agency removing the children. If the Agency has already taken temporary custody of the children, it is in the victim’s best interest to obtain a lawyer who works with domestic violence survivors. The attorney will advocate on the victim’s behalf, advise the court on the unique struggles of the victim, help the victim navigate through the complicated legal system, and suggest additional resources that might help, including therapy. With the right guidance and support, recovery for domestic violence survivors is possible.
