A 2003 study found that legal assistance is the most effective service for reducing domestic violence in the long run.1  Examples of how civil legal assistance can make a difference for survivors appear in the following sections.

• 1Amy Farmer & Jill Tielenthaler, Explaining the Recent Decline in Domestic Violence, 21 Contemp. Econ. Pol’y 158, 159 (2003).

Protective orders do not guarantee safety. But a comprehensive study examining the effectiveness of protective orders concluded that victims experienced a significant reduction in abuse, violence, and fear during the 6 months following issuance of a protective order.1  Protective orders, once in place, criminalize conduct that usually would not be a criminal offense, e.g., contact by telephone or through third parties. They can also help a victim receive assistance from the police and support from family, employers, and leaseholders.

• 1TK Logan & Robert Walker, Carsey Institute, Policy Brief No. 18, Civil Protective Orders Effective in Stopping or Reducing Partner Violence 2 (2011). The study also shows reduced efficacy when stalking behavior preceded the protective order, and differences in effectiveness for urban and rural victims. Rural women experienced more violations of protective orders than urban women in the study. Id. at 3.

Divorce can help end the violence. Some abusive partners no longer view their spouses as property after divorce. Divorce can also provide the survivors with certain financial protections and with a sense of freedom to move on emotionally.

Many abusive former partners use child custody litigation to continue their harassment and abuse of victims.1  Assistance with custody and visitation are the most requested legal services for survivors. Many abusers also physically, sexually or emotionally abuse their children.2  But even when domestic violence and physical abuse of a child do not co-occur, well regarded empirical studies show that many children who are exposed to domestic violence perpetrators in their home suffer social, cognitive, and psychological consequences virtually identical to those suffered by children who are themselves physically abused.3  Good lawyering in domestic violence cases can help victims obtain custody orders that protect themselves and their children from future harm and reduce the likelihood of these outcomes.

• 1Peter Jaffe, et al., Dep’t of Justice Canada, Making Appropriate Parenting Arrangements in Family Violence Cases: Applying the Literature to Identify Promising Practices 16 (2005); Joan Zorza & Leora Rosen, Guest Editor’s Introduction, 11 Violence Against Women 983, 985–86 (2005).
• 2Jaffe, et al., supra.
• 3Evan Stark, The Battered Mother’s Dilemma, in 2 Violence Against Women in Families and Relationships 95, 112 (Evan Stark & Eve Buzawa. eds., 2009); A Judicial Guide to Child Safety in Custody Cases, Nat’l Council Juvenile & Family Court Judges, 6 (2008), (citing Behind Closed Doors: The Impact of Domestic Violence on Children, UNICEF (2006).

Many survivors need child or spousal support after separation to maintain self-sufficiency and household well-being. However, abusive former partners are much less likely than non-abusive partners to pay child support.1  They often stop paying support to force the victim to return to the relationship or to punish them for leaving. The effects of abuse, including the trauma of abuse and the employment disruption often associated with abuse, can also make it difficult for survivors to quickly get or maintain employment and to build long-term financial security.

• 1Lundy Bancroft, et al., The Batterer as Parent: Addressing the Impact of Domestic Violence on Family Dynamics 156 (2d ed. 2012).

The survivor’s right to a home, car, or pension may be essential to avoiding homelessness, keeping a job, or securing economic independence. While these assets may be essential for financial stability, victims of abuse routinely negotiate away financial support and assets to which they are entitled in exchange for securing safe custody arrangements for their children.1  A informed lawyer can provide legal guidance and advice on how to reduce unnecessary concessions and maintain a victim’s financial stability.

• 1Evan Stark, The Battered Mother’s Dilemma, in 2 Violence Against Women in Families and Relationships 95, 114 (Evan Stark & Eve Buzawa. eds., 2009).

Up to 50% of all women and children experiencing homelessness are fleeing domestic violence.1  Even if not unhoused, victims of domestic violence and their children often live in chronically unstable housing circumstances that contribute to negative health and social outcomes.2  It costs survivors thousands of dollars for each housing relocation necessitated by domestic violence.3  In Louisiana, finding a new apartment and moving can easily cost thousands of dollars, without counting all the personal property the abuser may destroy or the victim has to abandon.4  And even when a victim is not fleeing from domestic violence, abusive partners sometimes force housing emergencies by failing to pay the mortgage or rent or causing the victim to be evicted because of his conduct.5  Eviction for a lease violation can cause a subsidized tenant to lose her rent subsidies for several years. For this reason, victims receiving subsidized housing assistance need specialized help to protect their housing rights.6

• 1Chiquita Rollins, et al., Housing Instability is as Strong a Predictor of Poor Health Outcomes as Level of Danger in an Abusive Relationship, 27 J. Interpersonal Violence 623, 625 (2012).
• 2Id. at 635.
• 3In 2004, the estimated cost was $5000 per relocation, so today the cost is presumably much higher. Barbara Hart & Erika Sussman, Civil Tort Suits and Economic Justice for Battered Women, Victim Advocate (Spring 2004).
• 4See Louisiana Fair Market Rent, rentdata.org. For the state as a whole, the fair market rent for a two-bedroom apartment is $763 a month, while for the New Orleans metro area, FMR for a two-bedroom unit is $1,182. Moving in typically requires payment of first month’s rent along with a security deposit equal to a month’s rent, in addition to any application fees.
• 5While there are some protections for tenants experiencing domestic violence, these are limited. For further discussion, see Section 5.3.3 of this chapter Section 1.7 of the chapter on landlord-tenant law.
• 6For discussion of unique issues facing subsidized housing tenants, see Section 10.2 of this chapter and Section 1.4.6 and Section 4.1 of the chapter on federally subsidized housing.

Abusive partners often harass their victims at work or engage in other conduct that gets them fired.1  Absences from work due to court appearances and abuse can also lead to problems with employers. Job protection is essential to economic independence.

• 1Bureau of Justice Statistics, Female Victims of Crimes (1991) (abusers harass 74% of employed battered women at work either in person or by phone); Kathryn Showalter, Women’s Employment and Domestic Violence: A Review of the Literature, 31 Aggression and Violent Behavior 37, 40 (2016) (61.4% of women harassed on the phone at work and 39.2% harassed in person at work).

A victim may need help with Temporary Assistance for Needy Families (TANF), Special Supplemental Nutrition Program for Women, Infants, and Children (WIC), disability benefits, Social Security payments, and unemployment compensation.1

• 1On unemployment compensation, see Section 5 of the chapter on employment law.

Filing joint tax returns with an abusive partner can cause survivors to incur unexpected tax liabilities. Many abusive partners keep their spouses in the dark about financial information. Significant innocent spouse, injured spouse, and equitable relief may be available to victims who face tax liabilities caused by an abusive partner. Victims may also need assistance securing their rights to the Child Tax Credit, the Child and Dependent Care Tax Credit, and/or the Earned Income Credit, which can improve their financial situation. Although the Child Tax Credit can be extremely helpful for survivors with children, abusers often seek to claim the credit for themselves, resulting in litigation. The IRS provides an overview and Frequently Asked Questions on tax issues specific to victims of domestic violence.1

• 1Internal Revenue Serv., Pub. 3865, Tax Information for Survivors of Domestic Abuse (Nov. 2022). For additional information, see this manual’s chapter on tax law, particularly Section 11.

Economic independence can be supported by the reduction of consumer debt through bankruptcy and non-bankruptcy strategies.1  Almost all victims (99 percent) of intimate-partner violence will face some type of economic abuse in their relationship.2  Although many people assume that victims of abuse are always financially dependent upon abusive partners, often the opposite is true. Many times, the abusive partner exploits the victim through taking/spending her earnings and using her credit. In addition to coercing victims into unwanted debt, abusive partners sometimes secretly ruin their partner’s credit, take out credit in their names without their knowledge, and commit identity fraud for personal financial gain. So, survivors sometimes need assistance correcting or restoring their credit histories or pursuing criminal and civil remedies for identity theft. The remedies available to victims of this type of economic abuse may differ depending upon whether the parties are married. The Center for Survivor Agency & Justice provides excellent on-line resources, technical support, and training to attorneys representing survivors who need consumer advocacy on issues relating to coerced debt.3

• 1Leah Plunkett & Erika Sussman, Consumer Rights Screening Tool for Domestic Violence Advocates and Lawyers, Nat’l Consumer Law Ctr. & Ctr. for Survivor Agency & Just. 4–7 (2011).
• 2Quick Guide: Economic and Financial Abuse, National Coalition Against Domestic Violence (April 12, 2017); Tia Thomas, Economic Abuse in the Domestic Violence Context: Towards a Comprehensive Solution at the Federal and State Level, 43.1 Columbia J. of Gender and L. 98, 102–03 (2022).
• 3Consumer Rights Initiative, Ctr. for Survivor Agency & Just.

An immigrant spouse who leaves an abusive partner may face deportation. Abusive partners sometimes use immigration petitions and I.C.E. as a means of coercion and control over immigrant spouses. Abusive partners who already have citizenship often threaten to withhold or withdraw their immigration assistance and affidavits of support if the victim calls the police or leaves, sometimes even contacting I.C.E.to have the victim arrested at a protective order hearing.1  This power imbalance gives the abusive partner significant leverage to control and isolate the abused spouse. In cases where the abusive partner is undocumented, the partner subjected to abuse may feel reluctant to report the violence for fear of the abusive partner’s deportation. Many survivors in this situation desire for the abuse to stop but may not want the abusive partner deported.

An immigrant survivor may self-petition (i.e., file a petition in her own name) the USCIS for legal resident status or suspension of deportation. Although not usually allowed under federal regulations, Legal Services Corporation (LSC) attorneys may represent immigrant domestic violence victims in domestic violence matters. Family law cases involving people who have very recently immigrated to the U.S. may present immigration-related risks that lawyers must be aware of when providing representation; these cases may also present challenges that need to be planned for if witnesses to the abuse and evidence of the abuse are in the home country.2

• 1Melissa Jeltsen, Domestic Abusers Have an Ally in the Trump Era. It’s ICE, Huffington Post (July 24, 2018).
• 2 For additional discussion of the unique needs of immigrant survivors, see Section 9.1.

Survivors may be eligible for reparations under the Louisiana Crime Victims Reparations Act.1  Among other things, victim compensation can be awarded for medical bills, dental expenses, lost wages, relocation expenses, and mental health counseling necessitated by the crime. The application for compensation must be filed within one year of the crime. Lawyers can help determine a client’s eligibility for victim compensation, assist with necessary paperwork, and advocate for clients as they navigate the process of requesting compensation. A state website explains the process in Louisiana.2  Claims must be filed through the victim’s local sheriff’s office. The state maintains a list of contact information for the victim compensation claims person in each Sherriff’s office.3

• 1La. R.S. 46:1801.
• 2Crime Victims Reparations, La. Comm’n on Law Enforcement.
• 3Id.