Protecting Victims
Through a number of partnerships and projects at each organization, New Hampshire victims of domestic violence can turn to NHLA and LARC for legal protection from abuse.
LARC operates a divorce and parenting hotline where clients are coached over the telephone on how to handle their own legal cases. NHLA attorneys represent victims of domestic violence in restraining order proceedings and related divorce, child support, custody and visitation disputes. LARC also works with pro-bono volunteer attorneys to secure representation for eligible low-income victims of domestic violence at final restraining order hearings.
Marissa's Legal Aid Success Story
Since she was a child, Emma dreamed about being in the Army. She enlisted at age 17, and started basic training a week after she finished high school.
“Both of my grandfathers and some of my uncles served in the military, and my older sister joined the Navy” Emma said. “Joining the Army was a chance for me to go out on my own and be a part of something bigger.”
Unfortunately, an injury a year later left Emma discharged from duty. She worked for a while, married a man named Paul, and went to college thanks to support from the GI Bill. She had to stop attending college when she had a high-risk pregnancy with their first of two sons.
Paul physically and sexually abused Emma throughout their relationship. She put up with it at first because she felt dependent on him financially. However, in late 2019, when she saw Paul hit her 3-year-old son for not getting dressed fast enough, she knew she had to act. The next time Paul was at work, Emma packed up all of his things and put them outside. She then told Paul he was no longer welcome in their home.
“I felt a range of emotions,” Emma said. “There was the panic and fear that came from seeing Paul do this to our son, followed by a sense of short-lived peace once we watched him finally drive away.”
Emma obtained a court-issued domestic violence protective order against Paul with the help of state child welfare officials. When Emma sought an official divorce and parenting plan, she doubted she could get the legal protections she needed, as Paul had a lawyer representing him.
“I didn’t have any money to hire a lawyer,” she said. “And there were so many papers involved I had no idea how to fill out. The people at Waypoint suggested I look up New Hampshire Legal Assistance, so I decided to give that a shot.”
“NHLA cannot take all of the cases that are referred to us because of our limited staff,” said NHLA attorney, Jessica Erazo. “We prioritize cases with the highest potential for lethal violence. Given the severity of the sexual abuse allegations as well as sexual assault and violence against Emma, I knew NHLA should take this case.”
As Emma’s son shared more about the abuse he suffered at the hands of his father, Emma became more determined to keep both children as safe as possible.
“Jessica even had witnesses come in and testify in support of me,” said Emma. “I wouldn’t have had the resources for that on my own.”
In April, Emma received final orders for the divorce and parenting case. The orders require Paul to provide child support and complete counseling and parenting classes before he can see the boys again. Jessica also encouraged Emma to see if the VA would increase her disability benefits. After some communication with the VA, Emma’s benefits were increased to the maximum allowance, a change Emma calls, “a huge stress relief.”
“None of this would have been possible without Jessica’s help,” she said. “She was always there for me in court, and I felt so much more comfortable and confident knowing she had my back.”
The last three and a half years have been difficult for Emma, but she feels stronger than ever after standing up to protect herself and her kids:
“I’m a different person than I was three years ago,” she said. “I don’t feel like a victim anymore.”
Marissa's Legal Aid Success Story
Marissa was working for a construction company in the small North Country town where she lives, and after a while she began dating the owner. Over the five years they dated, he became increasingly abusive, first verbally, emotionally and mentally, then physically and financially. He isolated her and withheld her paychecks. He stalked her. He told her she couldn’t call the police, because if anything happened to him, all of the employees would be out of work, and it would be her fault.
“I believed his lies that I wasn’t worth anything,” she said. “I was lost, scared, and confused – without family or friends, money or any kind of resources to get out from under his grip.”
That changed after two long days of terror.
Angry that Marissa wasn’t responding to his repeated text messages, her abuser broke into her house and assaulted her. While she was running errands the next day, he tried to run her car off the road. She hid in an acquaintance’s garage for hours. When she finally went home, she boarded up the doors for safety.
It didn’t protect her.
Her abuser kicked in the door and charged her, slamming her head into a brick fireplace, strangling her, and threatening to kill her. He fled after she called 911. The next morning, however, he found out where her children were attending summer camp and went there, knowing she’d be there to take her kids home.
Frantic, Marissa went to the police. They found her abuser sitting on her porch, having broken a second door.
With help from New Hampshire Legal Assistance, Marissa obtained a permanent restraining order, restitution for his damage to her home, and compensation for lost wages.
“I would not be in the position I am now without NHLA’s help,” Marissa said. “I won’t say there was no fear after I was granted the restraining order, but at least I knew that someone was behind me, able to stand up for me when I was weak, able to fight a legal battle for which I did not have the money, and helped me hold my head high and face my abuser in court.”
It was the first step in building a new life for herself, and stepping into a position of leadership in her community.
Marissa started her own contracting business and recently completed her first project, remodeling Waterville Valley Resort’s base lodge.
“I felt hopeless and alone, and I could have just disappeared, taken my children, left the state and hid as I always hid when I got beat, when he threatened my life. But you cannot hide and also succeed in life.”
Maria's Legal Aid Success Story
One day, “Maria’s” estranged husband handed her a divorce petition and other paperwork, and demanded she sign. The 54-year-old from Nashua, who speaks and reads only Spanish, was stunned. Everything was written in English; it had been prepared by her husband’s attorney and looked frighteningly official and final. Maria dared not ask him what the paperwork said. Instead, she contacted the Legal Advice & Referral Center (LARC) for help.
LARC’s Spanish-speaking family law attorney Jeff Goodrich arranged for Maria to make an office visit. At LARC’s Concord office, she could explain, in person and in her own language, her very personal and painful story:
Maria’s husband left her about a year ago, after 27 years of marriage during which he was often controlling and abusive. After leaving, he maintained a comfortable lifestyle with a substantial income, while she moved to a small apartment with their adult daughter and struggled financially working long hours at a minimum wage job. And now, he demanded she sign these divorce papers with no questions asked.
After reviewing the documents, Jeff explained what each one meant and, most significantly, advised Maria not to sign the papers, as her husband and his attorney were proposing that she waive all claims to spousal support.
With input from Maria, Jeff drafted revised paperwork for her husband’s attorney to review. The new proposed terms included a reasonable request for spousal support. Jeff assured Marie he’d also be asking the Pro Bono Program to find a volunteer attorney to represent her in the court action that was likely to ensue.
“Todo tu conocimiento y amabilidad me han dado fuerza,” Maria told Jeff as their session came to an end. “Creo que se hace el trabajo de Dios aquí.”
(“All your knowledge and kindness have given me strength. I think God’s work is done in this place.”)
Julie's Legal Aid Success Story
Julie didn’t realize it until she tried to get away, but her abusive boyfriend had spent years gradually isolating her. After she moved in with him in the North Country, he made it almost impossible for her to see friends or family, or work and save money of her own.
Then came the day he threw pieces of wood from the wood-splitter at her, leaving her with a concussion and bloody head wound.
“He had thrown things at me before, glasses, dishes, furniture,” Julie said. “You never think it’ll get to that place, but it did. I knew it had to stop.”
With help from NHLA, Julie petitioned for and received a protective order, child support and a court order allowing her and the children to stay in the house to finish the school year.
Too often, survivors don’t know what support they can request from the court. Without appropriate support, they often feel they have to choose between being homeless, or returning to the abuse.
“That’s just not something I could have done on my own,” Julie said. “Thank God for legal aid. He had a lawyer, and I was so afraid to go to court to face them. Legal aid was the only solution when I had no one else to turn to.”
Julie’s ex continued to harass her through the court’s order allowing him supervised visitation with their daughter. As required, Julie quickly filed paperwork at the nearest supervised visitation center. But her ex refused to comply with the center’s requirements, and instead yelled at the center staff.
Julie soon found new affordable housing. But given her ex’s behavior regarding the visitation and his refusal to attend court-ordered batterer’s intervention classes, she was still concerned for her safety.
Her NHLA advocate drafted a motion to extend the protection order before it expired. To support her request, Julie convinced the visitation center staff to write a letter about the aggressive way he spoke to them. The Court extended Julie’s protection order for another year.
“You can say it’s just a piece of paper, but it gives me peace of mind and it’s helping us rebuild. It’s helping us start over.”
Elizabeth's Legal Aid Success Story
Elizabeth was just 20 years old when her boyfriend, who had been abusing drugs, attacked her while she held their infant son. She knew she had to leave and get legal protections for herself and her son.
After she worked with an NHLA attorney through dozens of hearings, a judge ruled in Elizabeth’s favor and granted her a final protective order barring her ex from contacting them.
“I loved my son’s father. So it was great that (my advocate) didn’t only deal with the legal aspect of my case. When I was crying and saying I wanted to call him and drop the restraining order, she was there to tell me it would be okay and I could be strong. She was a huge support for me and my family. I might have done okay on my own, but I wouldn’t know for a fact that my son is going to be safe.”
With the help of her family, Elizabeth has been able to continue her education, and is planning to become a public interest lawyer helping low-income clients and domestic violence survivors, just like her NHLA advocate.
“After dealing with all of this, I realized I wanted to be able to help people who are in that same situation, who can’t fight for themselves,” she said. “I want to fight for them because someone fought for me.”