How to Understand Your Legal Rights as a Battered Woman

Know that you are entitled to be safe and that there are state and public agencies, courts and shelters that are ready to assist you in your pursuit of safety.

Difficulty: Moderately Easy

Instructions

Things You'll Need:

• Emergency Telephone Numbers
• Shelter Addresses And Phone Number
• Yellow Pages
• Telephones

1. Know that no one has the right to abuse you, physically or emotionally.

2. Believe that you are not responsible for the abuse and that you can find a way out.

3. Find out where the closest domestic violence shelter is and get yourself there. Call 911 if you are in immediate danger. In recent years, police have become more aware of domestic violence and will not take your concerns lightly.

4. Tell the police you want the perpetrator arrested. Press charges. Remember that it will be the town or district attorney who proves the case against him, not you.

5. Ask for a restraining order in criminal court. A court can issue an immediate restraining order to protect you, even before the case is tried. Or, go to family court and file a petition there for a restraining order based on the abuse.

6. Understand that even if you leave your home and your belongings, you have not given them up. You are entitled to a division of property if you are married. If you are not married, what's yours is yours and you can file a case in small claims court to get your things back if necessary.

7. Evict the perpetrator if you are living together in your own home. Even if you are renting the property, if you were the original tenant you can have him evicted. Check with your local town or landlord/tenant court to get information about procedures for eviction. If you are married, you will need to begin a divorce proceeding and have the court decide who will occupy the residence.

8. Do not give up your children. Even if you are the only one who is physically harmed, your children suffer emotional abuse from witnessing or being near abuse. Take them with you if you leave and file a petition for custody in family court. If you have left without your children in the course of a violent situation, pick them up from school or have a relative go to the house and get them to safety. If you are unable to do this, file a petition in family court asking for their immediate return to you. At the very least, the court will ensure that you see them regularly while the case is proceeding.

9. Contact your local child protection agency if your children are still with the perpetrator and are in danger.

10. Apply for emergency aid with your social services department. The personnel at the shelter will be able to help you with this. You can also call the department yourself and ask what help they can provide.

Tips & Warnings

• If possible, try to have a plan before leaving. Know where you are going, when is the best time to go, what you will be taking and what your backup plan is.
• The issue of domestic violence is more public than it used to be. Do not be ashamed or afraid to seek help. Police are trained to be sensitive to this issue and will believe you.
• Remember that your rights are more important and more protected than the perpetrator's rights in our legal system.
• Keep your safety and that of your children foremost in your mind.

[italian719]

on 2/4/2009 Ha! I was drug across the yard by one leg at 8 months pregnant. I call the police and it turned out the officer was an old friend of my ex. They sat down and were talking about old times. I was told I had to leave with 3 small children and 8 mo. pregnant to a womens shelter. Turned out my ex finally shot me with a 38 and did 16 years in prison for it. He got a degree and his GED and I got to raise the kids by myself. That's when President Clinton took away AFDC and medicaid for single mothers kids. Thank God they never got real sick. What a nation huh?

[jcpapillon]

on 11/18/2008 I was told by a San Francisco police officer from the Domestic Violence Division that the District Attorney in San Francisco does not go after the person who assaults you if there are no witnesses. So here I am hurt (obviously the injuries were not self inflicted according to my doctor and physical therapist and being harrassed via email and cell phone and I have no rights since I resided in his house. Yesterday he tried to toss all my possessions out of the house into the porch for anyone to steal and after calling the SFPD they stated that this was a civil matter. Finally the Domestic Violence officer convinced my ex-boyfriend to place my stuff back into the house for now. I am too afraid to go over there even with police protection. I am too hurt to pack and move my things and after I made an amended statement to police and filed a CROC for a restraining order the one who assault

[bruisedheart]

on 9/6/2008 I agree with Smirfnscooby the police dont care. And if there is no physical abuse involved or immediate threat, then forget about it. You're just screwed! You have to file some papers in court and serve them with a 30 day eviction notice. And can u even imagine what hell that will bring you having to live with him for 30 more days and him knowing he's going out on the street. Forget ever having anything that works in your home again. Sabotage and destruction galore!!

[Smirfnscooby]

on 4/7/2008 police aren't sensitive to the issue and don't believe you... my mom's bf (second time mind you) has thrown me and had police here, and they won't make him leave because they're "no physical marks" and her bf said I hit him, when all I did was open a door to tell him to leave my mom alone.. SO MUCH FOR POLICE... oh and apparently we can't "make" him leave because he receives mail here, so even though my mom's on the lease only, we can't do anything.. ?? isn't that bull??? !!!!...

on 9/15/2006 Stay strong and don't let him manipulate you into blaming yourself. Men will often try and turn the blame in order to resume control.