Victims are paired with an attorney trained in dynamics of domestic violence
By Lex Talamo
The Times of Shreveport
SHREVEPORT, La. (AP) - Fear of a future without finances. Worry about whether they will be attacked again. Anxiety over where they will stay, whether they'll be able to get help. Desperation when the paperwork falls through.
Victims of domestic violence are well acquainted with all these emotions when seeking sanctuary from their abusers, said Shreveport attorney Heidi Kemple Martin.
Martin has represented more than 200 victims in her two years as an attorney with the Legal Representation for Victims of Domestic Violence program, sponsored by the Shreveport Bar Foundation.
The program pairs victims, of any income level, with a specially trained attorney versed in the dynamics of domestic violence who helps guide them through the process of applying for a protective order, offers legal advice, and also will sit with them during court hearings.
Those services are "immeasurable," said Petrina Jenkins, community education coordinator for the nonprofit Project Celebration Inc, who has seen firsthand the "devastating effects" on victims and their children who are denied protective orders.
"Denied valid protective orders place victims at a greater safety risk of danger or even death," she said. "Victims who have legal representation are significantly more likely to be granted protective orders than those who are not."
A court-issued protective order prohibits victims from being hit, threatened, harassed or "stalked" - which the program defines as "repeated harassment that makes you feel scared."
The order also prohibits abusers from contacting victims at work or at home and, in some cases, from buying firearms or taking children.
While some may view a protective order as "just a piece of paper," Martin said the documents can make a big difference for victims.
"It's a piece of paper," Martin said. "But it's a piece of paper that carries a lot of weight."
Abusers who violate protective orders face further civil and criminal action - including up to 6 months in jail for civil contempt of court or criminal battery charges, said Michelle Perkins, a hearing officer at Caddo Parish Juvenile Court.
The domestic violence program is available to victims whose cases go through Caddo District court and Caddo Juvenile Court, according to the Shreveport Bar Foundation's website.
More than 800 filings for civil protective orders went through those courts in 2015. And last year alone, the bar foundation program handled 227 cases, Martin said.
Those eligible for the program involve any victim who has been physically, emotionally or sexually abused. Abusers can include someone the victim married, divorced, dated or lived with.
Martin, an attorney with the program, said most victims represented through the program are women, though the program also has represented male victims as well.
She has represented a large age range of clients: from a newborn child and her mother, who was sent into an early labor after a savage beating, to a 90-year-old woman experiencing abuse at the hands of her caregiver.
Martin said the program has no income requirements and represents a "wide spectrum of people" because research has shown that abusers often control finances as a means of controlling their victims.
"You will often have an affluent family where a husband is controlling the finances to control the wife, so she can't have any money unless she stays in the relationship," Martin said. "I've represented engineers, teachers, doctors."
Those seeking protective orders should bring all documentation they have of the abuse - including police reports, medical records, photographs, contact and address information of the abuser, and court records including custody, criminal or divorce records - for their assigned attorney.
Attorneys will help individuals complete the paperwork process, which includes completing a "20 to 30 page application" mandated by the Supreme Court of Louisiana and "filled with legal jargon," Martin said.
"One of the biggest problems we see is that people will fill out the forms inaccurately, so we will often file amended petitions to correct inaccuracies," she added.
Attorneys also are willing to sit with victims during court hearings.
"Going into a courtroom can be a very intimidating thing. Having someone who can act as a guide takes off a lot of the emotional pressure from being in the same room as their abuser," Martin said.
The only cost associated with the program is a $50 administrative-only fee, which judges often will require abusers to reimburse when protective orders are granted, Martin said.
Martin acknowledged that leaving an abuser, whom the woman may still love, requires great courage.
"For the women who are scared, I would ask them to think about their children and the message they are sending to their children," she said. "Kids who grow up in a domestic violence situation believe that is a normal way to live."
Martin said that 75 percent of her cases involve children, who either directly experience abuse themselves or are otherwise exposed to domestic violence in their homes.
Perkins said children become directly impacted in multiple ways.
"We'll see a baby who was in mom's arms, the dad attacks the mom and the baby gets injured," she said. "We'll also see older children who are sick of seeing the violence try to intervene, and they'll get hurt that way."
But Perkins said the effects on children who see the violence also are "unbelievable" - ranging from post-traumatic stress disorder to behavioral issues in school, depression and, in younger children, bed wetting.
"The same factors are there for children who are just in the home, who have never had a hand laid on them, and that is something parents don't get," she said. "I have had so many say, 'He's a good dad, he just hits me.' But it impacts the whole family."
The first step toward a protective order is acknowledging that abuse has happened - and not backing down from that realization, Martin said.
"I'm very proud of those who decide to go through with getting a protective order," Martin said. "Too many times, I've been there for the hearing and the woman will say, 'I want to give him one more chance,' and then she'll come back six months later with a black eye."
Jenkins noted that domestic violence victims often "feel guilty" and "want to drop the charges" when preparing for court hearings.
Law enforcement, advocates, judges and prosecutors must work together to create a safety net for victims by educating them about available resources and programs, Jenkins said.
"Offender accountability is a huge concern for victims," she said. "Victims are less likely to follow through with charges because of the fear of less or lighter sentencing, relying solely on the victim's testimony to prosecute or offer plea deals that allow the offender to escape appropriate punishment."
Jenkins noted that the most dangerous time for victims is when they leave. Victims should have copies of all important documents, such as social security cards and drivers licenses, and have a packed bag waiting with a family member or trusted friend, Jenkins said.
"Be aware of your surroundings, and above all, trust your instinct and judgment at all times," she said.
The domestic violence program operates with generous grant support from several sponsors, including the United Way of Northwest Louisiana, the Community Foundation, the Beaird Foundation, the Louisiana Bar Foundation and First United Methodist Church.
Louisiana has the third highest number of domestic violence-related deaths nationwide - a "serious and prevalent problem in our community," said Community Foundation Executive Director Kristina Gustavson.
"Safety represents one of the most fundamental human needs," Gustavson said. "Before we can address the educational outcomes of our children and employment opportunities for our citizens, we must ensure they have a safe home environment, free from violence and abuse."
The Community Foundation awarded the bar foundation's domestic violence program a $40,000 grant in April 2016, Gustavson said. The board also will vote on a request for an additional $100,000 grant in April.
The United Way of Northwest Louisiana also has donated $17,500 to the program since it started in 2016, said spokeswoman Lynn Nelson Stevens.
Stevens said the United Way recognizes that effective legal representation improves the likelihood that victims will obtain protective orders from courts and that "no existing program offers the assistance of a licensed attorney to represent domestic violence victims in court regardless of their income level."
"Help exists in this community, and one should not live in fear of the person they love," Stevens said. "The first step toward getting help is to acknowledge the abuse. Domestic violence doesn't always mean black eyes or beatings. There are many types of abuse."
Published: Mon, Feb 12, 2018
