Achieving Safety

The terrifying possibility of losing custody of your children to someone who has abused them, and abused you -- victims of domestic violence face scenarios like this daily in court. Often, they do so with limited or no resources. 

It's no wonder many survivors choose to stay in dangerous situations: at least you know your children are near you, where you can attempt to protect them. 

But this isn't a choice people should have to make. 

Our legal systems are designed to bring justice and assure safety. But realistically, people need legal representation to have a shot at a fair outcome. 

So what happens when an abusive partner controls access to finances, and uses them to hire a lawyer when the victim can't? This is one reason civil legal aid is crucial in domestic violence situations. It certainly was in the terrifying reality for one Wisconsin survivor, trapped in a marriage where her husband's control extended far beyond physical violence.

The Invisible Chains of Abuse

One survivor from Wisconsin, whom we'll call "Kaitlyn," remembered that during her marriage, her husband showed little interest in parenting. But that changed when she considered leaving. Suddenly, he threatened to seek full custody of their children — a calculated move designed to keep her trapped. 

His strategy was clear. "By fighting for custody, he believed he could avoid paying family support, or perhaps intimidate me into staying, even after he had strangled me."

The Turning Point: Civil Legal Aid

Kaitlyn's life may have been saved by legal support from a domestic abuse survivor organization in rural Wisconsin, one of the civil legal aid providers funded by the Wisconsin Trust Account Foundation. 

"If it hadn’t been for the strength of my attorney, I might still be with my abusive husband to this day."

With this support, she found the courage to fight back, and escape an unsafe situation. 

Why Legal Representation Matters

Most people assume everyone has the right to an attorney. But this is only true in criminal cases. In civil matters like divorce and child custody, survivors often face their abusers alone — without the resources to hire representation. 

"Being able to have an attorney when your partner has one makes the case more fair, especially when you have so much to lose with your children," explained another survivor supported by civil legal aid.

Consider these facts:

• Survivors rate the filing of a protective order as one of the two most effective tools for stopping domestic violence, second only to leaving the abuser. Filing a protective order requires legal knowledge.

• A study by two economists concluded that civil legal aid is more effective than access to shelters or counseling services in reducing domestic violence. They found increased access to legal aid was one of three major factors correlating with a 21 percent decline in the incidence of domestic violence from 1993 to 1998. 

• The Office of Justice Programs at the U.S. Department of Justice found that obtaining a permanent protection order decreases police-reported physical violence by 80 percent over the subsequent 12 months.

More Than Just a Legal Battle

Civil legal aid does more than provide court representation. Legal aid attorneys help their clients gain economic independence and rebuild their lives. Survivors enjoy improved workplace productivity and fewer lost wages.

Legal aid reduces repeat incidents of domestic violence. That means public spending is also reduced, in terms of emergency medical care, special education, and counseling for affected children, as well as police resources. 

Finally, civil legal aid for victims of domestic violence promotes individual empowerment and self-reliance by giving people the tools and knowledge to access the civil court system to protect and exercise their rights.

And yet, survivors seek professional legal help for only 23% of their legal problems -- a reminder that we need to make legal services more readily available.

Looking Forward

This isn't just about any one person's story. It's about a system that can either trap survivors or help them find their way to safety and independence. Civil legal aid turns the tide.

Everyone deserves to be safe. For so many survivors, civil legal aid is what makes safety possible.