Chicago woman facing physical and financial abuse fights back. Her win could help thousands of survivors.
CHICAGO (CBS) -- A Rogers Park mother of two facing physical and mental abuse wanted to get away from her boyfriend, but says she also was dealing with financial abuse and that left her trapped.
Enidt Martinez found herself in the same situation as so many other survivors. Financial abuse happens in around 98% of domestic violence cases according to the National Network To End Domestic Violence. It also is the number one reason survivors stay with an abuser.
"Pay attention in the red flags, because there's always red flags," said Enidt.
Her red flags started with arguments, and then turned physical.
"He grabbed me from my hair and pulled me all over our room," said Enidt. "He punched me, kicked me."
She shared a picture of her bruised face.
"Very scary. It was something that I never thought it would happen," said Enidt.
The two had a baby girl together. Enidt also had an older daughter, who often saw the outbursts.
"She was scared. She was, like, she would yell at her, at him, telling him to stop," said Enidt. "Or she would go and hide in her room or under her blankets."
But leaving wasn't easy. Martinez felt financially trapped. She didn't know how she would pay for rent, food, or care for her girls. She was dealing with financial abuse.
"He would not let me go to work. But then, when bills started coming, he was like, go get a job," said Enidt about the financial abuse. "If I didn't get a job, it was wrong. If I got a job, it was wrong."
Enidt said he would verbally abuse her too.
"It was, it was very stressful," said Enidt. "It was a lot of stress."
Then came the last straw and Enidt got a protection order. It says her boyfriend "punched" her in the "face" and "arm" while she was holding their little girl Esperanza - who was just 9 months old.
After that, Enidt decided she had to leave the relationship for her two girls.
"Just kind of made me make that decision to just leave and get an order of protection," said Enidt.
On the document she filled out to get the protection order, Enidt checked a box requesting temporary child support, but when she went to court, the judge refused to even consider this request, and left Enidt with nothing.
"It did let me down. Like the judges did let me down," said Enidt.
The judge failed to follow what the Illinois Domestic Violence Act says is to be done. In most cases, judges handling protection orders must consider temporary child support orders too.
"It is critical to survivor safety. It is required by the law," said Benna Crawford, of Legal Aid Chicago, which represents survivors in protection order cases.
She says too many domestic violence judges are failing survivors the same way.
"What happened to Enidt is the same experience that survivors of domestic violence have been having for at least the past decade," Crawford said.
Illinois Domestic Violence Hotline: 877-863-6338
National Domestic Violence Hotline: 800-799-7233
To get answers about this problem, we went to the top judge in charge of the domestic violence courthouse. We were given a statement which raised more questions. It says temporary child support is being given to survivors in an "exceedingly high volume." We pushed for court data to back up this statement. Something we had already been told wasn't tracked. And it's not. The court had no data. The statement was wrong.
The same statement also says it is working to develop a framework for these child support requests: "In partnership with the Domestic Relations Division, the Domestic Violence Division continues its work in developing a framework to allow for the proper initiation, administration, and enforcement of requested child support orders."
Domestic Violence Presiding Judge Judith C. Rice and Domestic Relations Presiding Judge Regina A. Scannicchio support the goals of the Illinois Domestic Violence Act (IDVA) and the holding in Martinez v. Leon. We understand that financially unstable survivors may find themselves trapped in abusive relationships, particularly when children are involved. We further believe that children are entitled to financial support from both parents. The Domestic Violence Division provides emergency relief to survivors, including temporary child support, in an exceedingly high volume of expedited protective order proceedings. The Domestic Relations Division maintains the infrastructure necessary to address complex, longer-term issues through parentage, child support, and dissolution proceedings. In partnership with the Domestic Relations Division, the Domestic Violence Division continues its work in developing a framework to allow for the proper initiation, administration, and enforcement of requested child support orders. Both divisions remain unwaveringly committed to the holistic support of survivors and their families to ensure their physical and financial security.
Enidt was told in order to get child support she had to file a new case in the Domestic Violence Division - a court not meant for emergencies. Enidt's process dragged on for almost another year. Not the kind of speed a survivor needs to get out.
"That's what judges have been telling survivors for years, is go file a domestic relations case," said Benna.
"It's not easy," said Enidt. "It's just, it's a really stressful process."
Enidt said even though the court failed her, she did what she had to for her kids and her safety. She left. But she continued to fight alongside lawyers from Legal Aid Chicago. Her team filed an appeal saying the judge failed follow what the law required.
And she won.
"I feel good," said Enidt. "That other people can now speak up and leave their abusers."
Crawford said the court opinion in Enidt's case can now help many other survivors.
"I don't think it's an exaggeration to say thousands and thousands of survivors," Crawford said.
Enidt is grateful her fight will make such a difference.
"Everything with the process is scary," said Enidt. "But at the end of the day, you will get your help that you need, you will, and it's going to be the best feeling ever,"
The court opinion from Enidt's case is a win for survivors in Cook County, where the ruling applies. We wanted to know whether judges in other counties are following the Domestic Violence Act and handling child support. Since no one tracks it, we reached out to Praire State Legal Services which represents survivors in 36 counties.
"Prairie State Legal Services, Inc. provides free legal services to individuals in 36 counties across northern and central Illinois. We provide legal advice and representation for survivors of domestic violence in order of protection proceedings and related family cases. We serve approximately 4,000 survivors of domestic violence each year. Our experience has been that whether temporary child support is granted in an order of protection case varies based on the Judge presiding over domestic violence cases in the particular county. Currently, Judges presiding over domestic violence cases grant child support in less than half of the counties in our service area. This means that domestic violence survivors in at least 20 counties in our service area are not granted child support in order of protection cases, leaving survivors without financial help until they can file a parentage or family law case to pursue child support separately. PSLS is renewing our efforts to secure child support for survivors to increase financial stability for survivors and their children."
Monday October 21st at noon, you can register and join a panel discussion, being held on Zoom, to learn more about getting child support while getting a protection order.
Safe Futures Panel Final on Scribd
The National Network to End Domestic Violence offers tools and resources for domestic violence survivors and their advocates. You can see their toolkit online.