Guide for Advocates Working with Immigrant Victims of Domestic Violence
Guide For Advocates Working with Immigrant Victims of Domestic Violence
Delaware Domestic Violence Coordinating Council
www.dvcc.delaware.gov GUIDE FOR ADVOCATES WORKING WITH IMMIGRANT VICTIMS OF DOMESTIC VIOLENCE DVCC
The Domestic Violence Coordinating Council
The Domestic Violence Coordinating Council is a state agency legislatively created in 1993 to improve Delaware's response to domestic violence. The Coordinating Council brings together domestic violence service providers and policy level officials to identify and implement improvements in system response through legislation, education, and policy development.
Much of the DVCC’s work is accomplished through the work of committees. This Guide is a product of the DVCC’s Immigration Committee.
Domestic Violence Coordinating Council New Castle County Courthouse 500 N. King Street Wilmington, DE 19801
302-255-0405
www.dvcc.delaware.gov
GUIDE FOR ADVOCATES WORKING WITH IMMIGRANT VICTIMS OF DOMESTIC VIOLENCE DVCC
Immigrant Victims of Domestic filed petitions for their spouses took Violence almost four years to do so. Fear of deportation is a very powerful tool that Immigrants to the United States can be used against immigrant victims constitute a complex and diversified of domestic violence to prevent them population of ethnic groups with varied from seeking help. backgrounds and norms. Immigrants can be heterosexual, homosexual, Immigrant women often suffer higher bisexual, poor, wealthy, white or rates of domestic violence than United persons of color. Some immigrants States citizens because they may come have fled difficult situations in their from cultures that do less to combat home countries while others have been domestic violence. Immigrant victims drawn to the United States by economic may also have less access to legal and opportunities or other family members. social services than U.S. citizens or The process of immigration is often a believe that the penalties and very difficult and traumatic experience protections of the U.S. legal system do that can involve leaving behind familial not apply to them. support and encountering a lot of unknowns, uncertainty and discrimination.
Despite recent federal legislation that has opened new routes to immigration status for immigrant victims of domestic violence, abuse is still a significant problem for the immigrant population. Immigrant victims often feel trapped in abusive relationships due to immigration laws, language barriers, lack of financial resources, fear, cultural expectations and social isolation. Abusers often use their partners’ immigration status as a Dynamics of Domestic Violence means for control. Dutton, Orloff and in the Immigrant Community Aguilar Hass (2000) found that 72.3% of the battered Latinas surveyed in their Domestic violence is a pattern of study reported that their spouses never abusive behavior used to gain control over another person that can include filed immigration petitions for their wives threats, emotional, sexual or economic even though 50.8% of the victims abuse, intimidation, deprivation, social qualified to have petitions filed on their isolation or repeated battering and behalf. Those abusers who eventually assault. GUIDE FOR ADVOCATES WORKING WITH IMMIGRANT VICTIMS OF DOMESTIC VIOLENCE DVCC
Immigrant victims may experience the Economic Abuse following power and control tactics by Threatening to report the person the abuser: they are abusing to ICE if she/he is working “under the table.” Isolation Keeping the victim from obtaining Keeping their partner from family job training or schooling (This is and friends also a form of isolation.) Keeping their partner from Forcing the person to work learning to speak English “illegally” when they do not have a work permit Threats Forcing the person to sign papers Threatening to report their (IRS forms, etc.) that they do not partner to Immigration and understand Customs Enforcement (ICE) in order to get them deported Emotional Abuse Threatening to withdraw the Demeaning and degrading petition to legalize their comments about their partner to immigration status others that seek to damage the Threatening to harm his/her victim’s self-esteem family or to stop financial support Using the victim’s age and/or to his/her family disabilities to control them
Sexual Abuse Using Children Calling her a prostitute or “mail Threatening to take children order bride” away from the United States, file Forcing the person to have sex for custody, report children to with others for money ICE, or threaten to hurt them Unlawful sexual contact and/or rape
Intimidation Hiding or destroying important papers (passport, identification card, Green Card, birth certificates, health insurance card, etc.) Destroying sentimental personal property
Citizenship or Residency Privilege Failing to file papers to legalize immigration status, or withdraw papers that have been filed
GUIDE FOR ADVOCATES WORKING WITH IMMIGRANT VICTIMS OF DOMESTIC VIOLENCE DVCC
Persons who are abusive in their the U.S. legal system does not intimate relationships: apply to them May be ostracized by his/ her Use violence as a means of family or community if he/she gaining and maintaining power reveals the violence and control over their partners May not be able to utilize Escalate the severity of the available resources because the abuse, once the power and services are not offered in their control techniques begin to lose language and interpreters are not effectiveness available Manipulate their partners’ desire May find that services in their for family unity and preservation community are not culturally to justify their abusive behavior appropriate Use “cultural norms” as a tool of May fear the criminal justice oppression system and its representatives May rely on male family members Domestic violence is NOT caused by to interact with the public but may be intensified by: May fear that their children will be taken from them by “ the Use of alcohol and drugs State” Stress May fear that the person abusing Immigration status them will be deported if they Loss of employment report the abuse thereby Mental illness eliminating their only source of income Without culturally sensitive intervention, an immigrant victim of domestic violence Tips for Helping Immigrant may feel that they have no choice but to Victims of Domestic Violence stay in an abusive relationship.
ALWAYS consult an Immigration Immigrant victims face many barriers to Attorney if the person you are helping is seeking and receiving assistance. The not sure of their immigration status. barriers are cultural, economic, practical and legal. NEVER contact the Immigration and
Customs Enforcement (ICE), Citizenship Immigrant Victims: and Immigration Services (CIS) or
Customs and Border Protection (CBP) May be more likely to live in to verify a person’s immigration status. seclusion – far from family and Contact an immigration attorney or friends, not speak English, work ASISTA at www.asistaonline.org so as or drive a car to not put an individual in jeopardy of May have come from cultures being deported. that don’t talk about domestic violence, and may believe that GUIDE FOR ADVOCATES WORKING WITH IMMIGRANT VICTIMS OF DOMESTIC VIOLENCE DVCC
Listen to the terms the victim uses to Check books, credit cards, describe the abuse. “Domestic paycheck Violence” may not be a familiar term. Victims may request assistance from Work in partnership to develop an action law enforcement for a police escort in plan that makes “cultural sense” from order to retrieve personal items. It is the individual’s perspective. It is best to important to assist them with language become aware of the cultural and interpretation to facilitate this service. community strengths and support systems available to the person you are helping. She/he must determine the solutions that work best for her/him.
Provide neutral interpreters and counselors who understand the victim’s culture and customs of their native lands. Whenever possible, do not use the individual’s children or other relatives as interpreters. This may place an additional burden on them and may increase the level of danger to one or Accessing the Legal System: both individuals. Civil and Criminal Remedies
Suggest that the victim keep documents Accessing the court system whether civil in an accessible location if it is safe to or criminal can be difficult for anyone do so. Documents may include but are who is not familiar with the legal system. not limited to: For individuals who have limited English proficiency, it is even more difficult. To Documentation of immigration help a victim access the legal system status for self, their children and, you can: if possible, for the person abusing them Help connect them to legal Passport/visa counsel and resources Medical/immunization records Determine what interpreting Work authorization card, services are available paycheck stubs Accompany the victim to court Marriage license and/or divorce Review the various options the decree from the victim’s home victim has in responding to their country particular situation Photographs Develop safety plans Social Security cards Help the victim gather relevant Public Assistance documents or information or documents (police cards records, apologetic or threatening Birth certificates, school records, notes from the abuser, relevant and custody orders medical records, photos, etc.) GUIDE FOR ADVOCATES WORKING WITH IMMIGRANT VICTIMS OF DOMESTIC VIOLENCE DVCC
Civil Protection From Abuse (PFA) child/children in common, or persons Order (includes same sex) in a current or former substantive dating relationship may file for an Order of Protection From A victim of abuse can ask for protection Abuse. The Division of Child Protective through a Protection From Abuse (PFA) Services and Adult Protective Services civil petition. Abuse is defined as any may file on behalf of a child or an adult. threatening or harmful conduct including Parents/guardians may also file on serious emotional harm. An order of behalf of an adolescent in an abusive Protection from Abuse is issued by a dating relationship. Family Court Judicial Officer ordering someone (Respondent) to stop abusing another person (Petitioner). The Order Organizations that can help immigrant can also be granted by consent. victims file for protection in Family Court: Relief may include ordering the Respondent to stay away from the New Castle County Petitioner, payment of rent/mortgage, Legal Helplink: 302-478-8850 utilities, food, health insurance, Domestic Violence Advocacy Center: transportation assistance, exclusive use 302-255-0420 of vehicle (maintaining insurance and registration), awarding temporary Kent/Sussex County custody and providing conditions of Community Legal Aid Society visitation, surrendering of firearms, Kent: 302-674-8500 counseling and any other relief that Sussex County: 302-856-0038 might help prevent future violence. Domestic Violence Advocacy Center, In addition, the Court can order the Kent: 302-672-1075 Respondent to give the Petitioner Sussex: 302-856-5843 important documents, such as: La Esperanza: 302-752-3191 passport/visa, medical/ immunization records, work authorization card, copies Refer to Appendix A (pages 9-16) or of receipt notices from immigration, the DVCC Website for a list of other marriage license and/or divorce decree State agencies/organizations that can from the Petitioner’s home country, assist immigrant victims with the PFA affidavit of support, photographs, social process: www.dvcc.delaware.gov. security cards, birth certificates, public assistance documentation, medical Criminal Remedies cards, custody orders, school records, etc. The Petitioner should list the Domestic violence can also be documents that they need in the PFA addressed through the Criminal Justice Petition. System. An individual may choose to call the police to protect themselves Spouses, ex-spouses, family members, during a domestic violence incident or persons living together as a couple, with when the abuser has violated a civil or without a child/children, or persons protective order. After an arrest, the living separate and apart with a State may prosecute the person GUIDE FOR ADVOCATES WORKING WITH IMMIGRANT VICTIMS OF DOMESTIC VIOLENCE DVCC charged. Possible charges may include Recommend that they apply for assault, violation of a protection order, custody in Family Court. A murder, rape, kidnapping, false custody order can include imprisonment, stalking and others. prohibiting their partner from Family Court has misdemeanor criminal removing children from the State. jurisdiction over persons that meet the If their children are U.S. citizens, definition of family. If a victim is not a copy of the order should be married to the abuser, does not live with sent to the partner’s home the abuser, and there are no children in country embassy, and a copy common, the misdemeanor charges will should be sent to the U.S. be heard in the Court of Common Pleas. Department of State to prevent All felony charges are heard in Superior the issuance of passports and Court. visas for the children.
Victims of domestic violence can be Recommend that a copy of the granted a Criminal No-Contact Order custody order be given to their pending a court hearing. child’s school. The school should be instructed not to release their See Appendix B (pages 17-18) for an child to anyone but them. explanation of civil vs. criminal remedies for domestic violence victims. Suggest that the person you are helping have recent photos, passports and birth certificates for their children
Suggest that the victim keep a list of addresses/phone numbers of their partner’s friends and relatives in their home country
Organizations that can help immigrant victims file for custody in conjunction with a Protection From Abuse Petition:
Statewide Legal Helplink
Helping Immigrant Victims – 1-800-773-0606 Children Community Legal Aid Society If the person you are helping reports that their partner is threatening to take New Castle: 302-575-0660 their children away or to take them to Kent: 302-674-8500 his/her home country, you should: Sussex: 302-856-0038
GUIDE FOR ADVOCATES WORKING WITH IMMIGRANT VICTIMS OF DOMESTIC VIOLENCE DVCC
Public benefits for their U.S. Rights and Services for citizen children Immigrant Victims The Victim’s Compensation Assistance Program (VCAP) may assist with paying medical/dental Although a victim’s immigration status bills, counseling, relocating costs, may present certain challenges, victims funeral expenses and other do have rights: services depending on the
incident and cooperation from the They do not need to be a citizen victim or have documentation to file a petition for Protection From Abuse Immigration Status Protections They have the right to keep their immigration status private if they There are three types of immigration reach out for shelter and/or status protections for victims of abuse. advocacy services The Violence Against Women Act Injured immigrant victims may (VAWA) Self-Petitioning Process, U- seek emergency treatment at the Visa and T-Visa processes are very nearest medical facility complex. Every case is different and only an immigration attorney should give As a crime victim, they are not legal advice. If you are not an required to report their immigration attorney make that clear to immigration status to law the victim and help connect him/her to enforcement someone who has specialized
knowledge of immigration law. When providing an outreach service to the community, it is very important to VAWA Self-Petitioning process mention the services available to all The Violence Against Women Act victims, especially to immigrants who (VAWA) provides the possibility of legal may believe they do not have rights. immigration status to a victim who is
married or believes themselves to be Current immigration status affects a married to an American citizen or victim’s eligibility for government permanent resident spouse who abuses assistance and benefits. them, regardless of whether the victim is
in the U.S. with documents. Victims Immigrant victims of domestic violence may be male or female. It is important can receive many services including: that a person petitioning for a VAWA
Self-Petition work with an attorney or Shelters and other services for immigration counselor/advocate that is victims of domestic violence familiar with the VAWA Self-Petitioning Protection orders from the Court process. Child custody and support Police assistance The following is a list of documents that Medical emergency assistance a lawyer or immigration counselor can use to prove that a survivor of domestic GUIDE FOR ADVOCATES WORKING WITH IMMIGRANT VICTIMS OF DOMESTIC VIOLENCE DVCC violence meets the VAWA requirements After three years with an approved “U” to petition for permanent residency: Visa, she/he may request lawful permanent residency. This Visa is Proof of abuse and/or extreme helpful to victims who are being abused cruelty or have been abused by someone who Proof of identity and current is not a U.S. citizen or legal permanent immigration status resident, and who themselves are not Proof of spouse’s status documented in this country. Proof of the marriage Current residence Proof of having lived with spouse T-Visa for a period of time (doesn’t A “T” Visa is available to victims of matter if in the U.S. or elsewhere) trafficking. This visa allows the victim to Proof of termination of previous remain in the U.S. to assist authorities in marriages. the investigation and prosecution of trafficking cases. It is important that a U-Visa person petitioning for a “T” Visa work The “U” Visa allows an injured victim of with an attorney or immigration domestic abuse, rape, sexual assault, counselor/advocate familiar with “T” abduction, trafficking and many other Visas. serious crimes to request a U Visa if the crime is reported to authorities and the survivor is being, or has been, helpful with the investigation of the criminal activity. Victims may be male or female.
It is important that a person petitioning for a “U” Visa work with an attorney or immigration counselor/advocate familiar with “U” Visas. A “U” Visa Certification Form must be submitted to the Department of Homeland Security (DHS) and signed by a law enforcement officer, prosecutor, judicial officer or another investigating authority verifying that the “U” Visa applicant is being or has been helpful in the investigation of the crime for which they were a victim.
If prosecution does not occur, the “U” Visa may still be applied for and held.
GUIDE FOR ADVOCATES WORKING WITH IMMIGRANT VICTIMS OF DOMESTIC VIOLENCE DVCC
Appendix A: Resource List
Working with Immigrant Victims State, Regional and National Resources Agency: Phone/Contact Email Address/Website Description Delaware Name Resources Abriendo Puertas 302-745-9874 [email protected] Bi-Lingual (Spanish- of People’s Place English) 24 hour hotline and shelter services (Sussex County), Services are free. Catholic Charities Maria Mesia [email protected] City of Wilmington and Immigration 302 674-1600 or www.cdow.org Kent Co. - Bi-Lingual Project 410-651-9608 (Spanish-English) assistance for unaccompanied minors CHILD, Inc. Hotline: www.childinc.com Bi-Lingual (Spanish- 302-762-6110 English) Mental Health Agency: Services for New Castle 302-762-8989 County, DVCC Certified Batterer’s Intervention Program City of Wilmington Carolyn Becker [email protected] Bi-Lingual (Spanish- Police Dept. 302-576-3665 e.us English) police based victim advocacy services Community Legal Laura Graham, [email protected] Legal assistance for Aid Society Esq. www.declasi.org immigrant crime victims, (CLASI) NCC: 302-575- including U & T Visas, 0660 VAWA Self-Petitions, Kent: 302-674- Special Immigrant Juvenile 8500 Petitions Sussex: 302-856- 0038 ContactLifeline, 1-800-262-9800 www.contactlifeline.org Bi-Lingual (Spanish- Inc. English) services for victims of Sexual Assault in Kent & Sussex County follow up after care services, community outreach to underserved populations, and counseling and support services. GUIDE FOR ADVOCATES WORKING WITH IMMIGRANT VICTIMS OF DOMESTIC VIOLENCE DVCC
Crossroads of Yvonne Dodd [email protected] Bi-Lingual (Spanish- Georgetown 302-855-0558 English) Mental Health Services for Sussex County Delaware Janneen Boyce, [email protected]. State of Delaware Refugee Department of Social Services us and Health Coordinator Health and Administrator responsible for overseeing Human Services 302-255-9608 Refugee Cash Assistance Division of Social www.dhss.delaware.gov.dh to immigrant victims who Services ss/dss have been certified as trafficking victims
Thomas Hall, Oversees food stamp DSS Chief of policy for immigrant victims Policy [email protected] who have been certified as 302-255-9605 trafficking victims
Delaware 1-800-292-9582 http://kids.delaware.gov/ 24 hour report line for Department of reporting suspected child Services for abuse, neglect or Children Youth dependency. Bi-Lingual and Their staff is available. Families (DSCYF) Division of Family Services Report Line (DFS) Delaware Helpline 211 or 1-800- http://www.delaware211.or Phone and online directory 560-3372 g/ of Delaware services. Information and referrals to services are available in Spanish Delaware State Eunice Mercado [email protected]. Bi-Lingual (Spanish- Police Victim 302-633-5000 us English) police based Services & ext. 5 victim advocacy services Delaware Victim Center Division of Stephen M Ross, [email protected] Oversees medical benefits Medicaid & Director for immigrants who have Medical 302-255-9535 been certified as trafficking Assistance victims
GUIDE FOR ADVOCATES WORKING WITH IMMIGRANT VICTIMS OF DOMESTIC VIOLENCE DVCC
La Esperanza Program Director http://laesperanza.org/ Multi-service agency for 302-854-9262 Hispanics in Delaware. Offers emergency assistance, legal Victim Program assistance, court 302-752-3191 assistance, financial management educational sessions, English as a Second Language (ESL) classes and more
Services are in a separate, confidential building with full bilingual staff (English/Spanish). Advocates offer accompaniment, interpretation/translation, advocacy, assistance with PFAs, VCAP and other applications; an Immigration Attorney who takes U and T Visa cases, VAWA Self-Petitions and some asylum cases; a therapist who offers mental health counseling. La Red Health 302-855-1233 www.laredhealthcenter.org Bi-Lingual (Spanish- Center English) comprehensive health care in Sussex County provided regardless of ability to pay/sliding scale. Latin American 302-655-7338 www.thelatincenter.org Bi-Lingual (Spanish- Community English) advocacy and Center (LACC) continuum of care through programs and services, including: mental health (sliding scale and accepts Medicaid), domestic violence counseling/case management, assistance for male Latino victims of crime and legal assistance and community policing GUIDE FOR ADVOCATES WORKING WITH IMMIGRANT VICTIMS OF DOMESTIC VIOLENCE DVCC
outreach for immigrant victims in New Castle County New Castle Carmen Mendez [email protected] Bi-Lingual (Spanish- County Police 302-395-8117 English) police based Dept. victim advocacy services State of Delaware Mirta Collazo – [email protected] Bi-Lingual (Spanish- Department of Sussex Only English) advocacy services Justice 302-856-5353 provided to victims of domestic violence and other violent crimes, court accompaniment, referral services, assistance with restitution issues, assistance with Victims’ Compensation Assistance Program and notary services for victim assistance related documents. Sussex Only St. Francis 302-369-9370 www.stfrancishealthcare.or Bi-Lingual (Spanish- Hospital g English) comprehensive Center of Hope family practice & prenatal (Centro de health care services in Esperanza) New Castle County. Patients can receive a discount for services and financial assistance is available for those that qualify.
Survivors of NCC: 302-655- www.soarinc.com Bi-Lingual (Spanish- Abuse in 9049 English) counseling Recovery, Inc Newark: 302- services for victims of (S.O.A.R.) 655-3953 sexual assault (Kent and Kent: 302-655- Sussex Counties). 3953 Services provided Sussex: 302-645- regardless of ability to 4903 pay/sliding scale. Turning Point at Juan Rodriguez www.peoplesplace2.com Bi-Lingual (Spanish- People’s Place 302-424-2400 English) Certified Batterers” Intervention Program for men only.
GUIDE FOR ADVOCATES WORKING WITH IMMIGRANT VICTIMS OF DOMESTIC VIOLENCE DVCC
United States Ed McAndrew, [email protected] Point of Contact for Attorney’s Office Assistant U.S. Federal Human Trafficking United States Attorney offenses and related Department of 302-573-6150 crimes Justice Susan Alfree [email protected] Victim/Witness Provides prosecution Coordinator based victim assistance to 302-573-6198 victims of federal crimes
Westside Family NC: 302-224- www.westsidehealth.org Bi-Lingual (Spanish- Health Care 6800 English) comprehensive Center K/S: 302-678- health care, mental health 4622 services and translation services provided regardless of ability to pay/sliding scale. YWCA Delaware 1-800-773-8570 www.ywcade.org/SARC 24-hour sexual assault Sexual Assault hotline for New Castle Response Center County that also provides (SARC) 24-hour medical and legal accompaniment. Provides services to 12+ and their non-offending family members or partners.
GUIDE FOR ADVOCATES WORKING WITH IMMIGRANT VICTIMS OF DOMESTIC VIOLENCE DVCC
Working with Immigrant Victims State, Regional and National Resources *
Regional & National Phone/Contact Email Address/Website Description Resources Name
Catholic Legal 301-565-4800 www.cliniclegal.org Multilingual 24 hour Immigration Network, hotline that provides Inc. (CLINIC) outreach and service access to individuals granted asylum. CLINIC also provides legal assistance, training and advocacy. Hebrew Immigrant Lisa Hurlbutt www.hiaspa.org Immigrant legal Aid Society (HIAS) 215-832-0900 services. HIAS 2100 Arch St., 3rd provides floor representation for Philadelphia, PA immigrants before 19103 Homeland Security and U.S. Immigration Court. They also help immigrants with VAWA and U Visas. Services are pro bono. Legal Momentum 212-925-6635 [email protected] Provides technical assistance on cases www.legalmomentum.org for immigrant victims who may qualify for the U Visa. National Immigration 617-227-9727 http://www.nationalimmigr Provides technical Project of the ationproject.org/ legal assistance on National Lawyers cases for immigrant Guild victims who may qualify for the U Visa.
National Domestic 1-800-799-SAFE www.thehotline.org 24 hour hotline with Violence Hotline (7233) Bi-Lingual assistance TTY: 1-800-787-3224 for victims of for the deaf & domestic violence GUIDE FOR ADVOCATES WORKING WITH IMMIGRANT VICTIMS OF DOMESTIC VIOLENCE DVCC
hearing impaired
President’s 1-855-882-8100 http://www.dhs.gov/topic/ The Ombudsman Ombudsman on (toll free) or cis-ombudsman provides an impartial Immigration 202-357-8100 and independent Office of the (local) [email protected] perspective to USCIS Citizenship and s.gov in an attempt to Fax: 202-357-0042 Immigration Services resolve problems. Ombudsman The Ombudsman Department of does not have the Homeland Security authority to make or Mail Stop 0180 change USCIS Washington, D.C. decisions. 20528 Project Reach Dr. Elizabeth Hopper, http://www.traumacenter. Provides consultation Program Director org/clients/PROJECT_RE and brief mental 617-232-1303 Ext: ACH.php health services to 211 victims of human trafficking throughout the U.S. Offers a mobile crisis intervention team that may travel to sites where trafficking victims have been discovered. The Tahirih Justice Martina Vandenberg www.tahirih.org The Tahirih Justice Center 571-282-6161 Center was founded 6066 Leesburg Pike, [email protected] in 1997 to address Suite 220 the acute need for Falls Church, VA legal services of 22041 immigrant and refugee women seeking protection from human rights abuses. Services are pro bono. National Human 1-888-373-7888 www.traffickingresourcec A national, anti- Trafficking Resource enter.org trafficking hotline and Center resource center serving victims and survivors of human trafficking and the anti-trafficking GUIDE FOR ADVOCATES WORKING WITH IMMIGRANT VICTIMS OF DOMESTIC VIOLENCE DVCC
community in the United States. Callers can speak with the hotline in English or Spanish, or in more than 200 additional languages. The NHTRC is operated by Polaris. U.S. Department of 1-866-401-5510 www.acf.hhs.gov/progra Has the authority to Health and Human ms/orr/ issue certification Services letters for adult Office of Refugee victims of severe Resettlement (ORR) forms of trafficking Human Trafficking and issue eligibility Contact letters for child victims of severe forms of trafficking to receive benefits (TANF/Medical, etc.). U.S. Department of Pamela Green- http:www.acf.hhs.gov/pro Provides specialized Health and Human Smith, Director grams/orr/programs/unac foster homes, Services Division of Refugee companied_refugee_min licensed care Office of Refugee Assistance ors.htm settings and other Resettlement (ORR) 202-401-4531 services for Unaccompanied unaccompanied Refugee Minor trafficked minors who Program have received an eligibility letter from HHS.
U.S. Department of Steven Lang, Esq., [email protected] For cases that qualify Justice Coordinator of www.usdoj.gov/eoir – assistance with Executive Office for Orientation and Pro locating pro bono Immigration Review Bono Program lawyers for indigent (Pro Bono Program) people in immigration removal proceedings
U.S. Department of www.ojp.usdoj.gov/ovc OVC funds victim Justice service programs for Office for Victims of alien trafficking Crime victims. OVC also (OVC) oversees diverse GUIDE FOR ADVOCATES WORKING WITH IMMIGRANT VICTIMS OF DOMESTIC VIOLENCE DVCC
programs that benefit crime victims, provides grants and funding, information, publications, resources, training, technical assistance, etc. U.S. Department of 1-888-428-7581 www.justice.gov/crt/about Report line and Justice (USDOJ) /crm/htpu.php information on what (Trafficking in DOJ does in the area Persons and Worker of Human Trafficking Exploitation Report Line)
*It was the intention of the DVCC Immigration Committee to develop a comprehensive resource list. If we have inadvertently omitted any critical services, please contact [email protected] with the information and to provide further updates.
GUIDE FOR ADVOCATES WORKING WITH IMMIGRANT VICTIMS OF DOMESTIC VIOLENCE DVCC
Appendix B: Legal Remedies for Domestic Violence Victims
Protection From Abuse Criminal No-Contact Order
Civil vs. Criminal This is a Civil remedy. In a civil A criminal no-contact order is case the victim brings the action often generated when the against the abuser. The victim is abuser is charged with a crime. asking the court to protect him/her In this case, it is the state that from the abuser. The victim is not has brought the case against asking the court to send that person the abuser. The abuser is to jail for committing a crime. There ordered to stay away from the Note: Having one of can be criminal sanctions against victim as a condition of the these in place does the abuser if he/she violates the offender’s bail. Additionally, if not preclude the order. the offender is sentenced for victim from getting this crime, the no contact order the other. The victim may become part of the may have both a PFA offender’s sentence. and a criminal no- contact order.
How to obtain The victim can file for a PFA by filing This process is initiated by filing in the Family Court in his/her county. a report with law enforcement. There are advocates available at the Court to assist the victim.
What does it do? Depending on the circumstances a In a criminal no contact order, PFA can order the abuser to do all the abuser is precluded from or some of the following: having any contact or communication with the victim. Stay away and/or stop contacting the victim Stop threatening/abusing the victim (or his or her minor children) Pay child and/or spousal support Pay other expenses Surrender any and all firearms Attend counseling GUIDE FOR ADVOCATES WORKING WITH IMMIGRANT VICTIMS OF DOMESTIC VIOLENCE DVCC
Not destroy, sell or conceal joint property A commissioner or judge may also grant:
Exclusive use of the home and/or certain possessions (like a vehicle) Temporary custody/visitation of children How long does it Most long-term orders are issued The no contact order will be in last? after a court hearing for up to a year. place as long as the charges However, if it is necessary to are still pending against the prevent further acts of Domestic offender. If the offender is Violence an order may be issued for sentenced on the charges and 2 years and where there is the no contact order is made a aggravating circumstances a part of the offender’s sentence, permanent order can be issued. the no contact order will be in place as long as the offender is still serving the sentence, whether that is incarceration or parole/probation.
Is there a fee? No. No.
For Additional Court Information: Attorney General’s Office: Information Domestic Violence Advocacy Victim Witness Services Centers Unit/Case Notification
New Castle County: 302-255-0420 New Castle County: 302-577- 8500 Kent County: 302-672-1075 Kent County: 302-739-4211 Sussex County: 302-856-5843 Sussex County: 302-856-5353