A Guide Book for Refugee A Guide Book for Refugee
and Immigrant Women and Immigrant Women
Created by Tapestri, Inc. Created by Tapestri, Inc.
About the organization:
Tapestri, Inc. is dedicated to ending violence and oppression in refugee and immigrant communities, using culturally competent and appropriate methods. As advocates for immigrant and refugee families affected by domestic violence, sexual assault and exploitation, Tapestri, Inc. is committed to using education, community organizing, direct services and advocacy to improve the lives of those it serves.
To Contact Us Phone 404-299-2185
Email [email protected] Website: www.Tapestri.org Fax: 678-288-7862
Toll free: 866-317-3733
Mailing Address 3939 Lavista Road Suite E PMB 362
Tucker, GA 30084
This project was developed by Grant No. 2015-UW-AX- 0015 awarded by the Office on Violence Against Women, U.S. Department of Justice. The opinions, findings, conclusions, and recommendations expressed in this publication/program/ exhibition are those of the author(s) and do not necessarily reflect the views of the Department of Justice, Office on Violence Against Women.
Printed by Grant No. W-18-8047 awarded by Criminal Justice Coordinated Council
Table of Contents:
Definition of Domestic Violence (DV)
Types of Domestic Violence
“Does your partner...?” The Warning Signs
Some Myths, Facts, and Statistics on DV Immigrant Power and Control wheel Barriers for Immigrant victims
Types of Relief- TPO’s, Visas, and Waivers What is a TPO?
Battered Spouse Waiver, U-Visas, and VAWA’s Safety Planning
Resources
1. 2. 3. 4. 6. 7. 8. 9. 11. 14. 15.
What is Domestic Violence?
Domestic Violence (DV) is hurtful and abusive behavior that occurs between people who know each other: husbands and wives, boyfriends and girlfriends, same sex partners, relatives, parents and their children. DV can occur anywhere, at home, in other locations, when people live together or are divorced/separated.
If you are a victim of Domestic Violence you are not alone. Many people experience it, and you may even know some. This handbook will guide you through what domestic violence is, the different types and the resources available to you.
Types of Domestic Violence
Physical- hitting, slapping, throwing objects at a person are all examples of physical abuse
Emotional- verbal assault, humiliation, intimidation, and isolation are all examples of emotional abuse
Sexual- non-consensual sexual contact or behavior is sexual abuse
Financial- limiting access or concealing information is financial abuse
Note: For immigrants, the abuse may be slightly different. Some other acts of abuse are partners keeping and not allowing their partners to have important papers, such as passports and visas, and threatening to have their partner/children deported.
Does your spouse or partner?
• Hit, punch, slap, or kick you, your children or your pets?
• Threaten to hurt or kill you?
• Make you have sex when you do not want to?
• Threaten to report you to the Citizenship and Immigrations
Services (CIS) and have you deported?
• Threaten to take away your children?
• Control where you go and whom you can see, talk to or write
to?
• Control your access to money, take your money away from
you, or make you say how you have spent every penny?
• Stop you from getting a job or learning English?
• Refuse to file immigration papers for you or threaten to
withdraw those papers?
• Withhold or destroy your passport and other personal
documents?
• Make you feel like a prisoner in your own home?
• Make fun of you and insult you in private or in front of others?
If you answered “yes” to any of these questions, you may be a victim of domestic violence.
Some Myths, Facts, and Statistics on Immigrant DV
Myth- Domestic Violence affects only a small percentage of the population.
Fact- One in four women have experienced intimate partner violence in her lifetime (women account for 85% of intimate partner violence, men approximately 15%). Estimates range up to 3 million women are physically abused by their husband/boyfriend every day.
Myth- Domestic Violence occurs only in low-income, uneducated,
and minority populations.
Fact- Intimate partner violence occurs among all types of families, regardless of income, profession, religion, ethnicity, education level, or race. Low-income people are over-represented in calls to police, shelters, and social services; this may be due to lack of other resources at their disposal.
Myth- Alcohol causes domestic violence.
Fact- While there is a correlation between alcohol and perpetration of domestic violence, batterers tend to use alcohol as an excuse for loss of control and for violence itself.
Some Myths, Facts, and Statistics on Immigrant DV, continued
Myth- Domestic Violence incidents are isolated occurrences.
Fact- Domestic Violence is a pattern of coercive behavior aimed at gaining and then maintaining control over the behavior of the intimate partner. The pattern is often described as a cycle, and because with each episode, the seriousness of abuse escalates, the pattern can also be described as a spiral. Domestic Violence progresses from tension building, escalates to abuse, proceeds to honeymoon, then back to the build-up of tension.
Statistics
-In New York City, 51% of intimate partner homicide victims were foreign born.
-48% of Latinas reported an increase in violence since immigrating to the US.
*“The Facts on Immigrant Women and Domestic Violence.” Futures Without Violence. Futures Without Violence, n.d. www.texascivilrights.org/en/qp- content/uploads/2016/04/immigrant.pdf
Adapted by Futures without Violence from the Domestic Abuse Intervention project- Duluth, Minnesota
Some Barriers for Battered Immigrants
Economic Barriers
• Dependence on husband
• No work permit
• Low paying job/ no job security
• Not eligible for public assistance
• Relatives in home country may need assistance
Cultural Barriers
• Community may ostracize her
• Religious/ cultural views on marriage
• Cultural norms concerning a woman’s role and
family expectations.
Legal Barriers
• Distrust of legal system that originated from a bad experience in her home country
• Difficulty understanding US legal system
• Fear of deportation Language Barriers
• Lack of bilingual professionals who can provide services
• Limited English proficiency
Types of Relief- TPO’s, Visas, and Waivers
In addition to police assistance and emergency medical care, there are many types of relief for immigrant women, including a TPO (Temporary Protective Order), Access to Shelter, U-Visa (a crime victims visa), VAWA (Violence Against Women Act) and a Battered Spouse Waiver.
The next few pages will go into greater depth of each of these relief options.
What is a TPO?
A Temporary Protective Order has two parts, a Temporary Ex Parte Order and a Family Violence Protective Order.
Temporary Ex Parte Order- Meant to protect you until a court hearing for a Family Violence Protective Order. This order is temporary and the abuser does not have to be present. This order may be granted if the judge believes you are immediate danger and will last up to 30 days or until court hearing date.
Family Violence Protective Order- Issued after a court hearing when both parties are present. The judge listens to both stories and then decides if the order should be extended. The order is usually extended for a year, but can be extended to 3 years or permanently
Eligibility- If anyone who has lived with you as if they were a part of your family committed acts of family violence against you or your children under the age of 18.
TPO’S, continued
How the order can help:
• Order abuser to stay away from you
• Give you possession of the house and order your
abuser to leave (especially if you have children)
• Address temporary custody/ visitation of your
child
• Help getting back personal property the abuser
took from you
• Order the abuser to go to counseling or batterer
intervention classes
• If abuser violates this order, he might be arrested
(criminal charge)
There is no cost for a TPO and you do not need a lawyer.
For more information on a TPO and how to file for a TPO please request a TPO Handout.
Battered Spouse Waiver, U-Visas and VAWAS
Battered Spouse Waiver
Eligibility- You must have conditional legal permanent resident card (LPR or green card) and have been abused by your spouse who must be a US Citizen or a Legal Permanent Resident
How to apply- To apply you must submit proof of the violence against you by your spouse, and prove that your spouse is a citizen or LPR
After Approval- If your waiver is approved, you will then be a legal permanent resident in the US
If you think you are eligible for this and would like more information, please ask for the Battered Spouse Waiver handout
Battered Spouse Waiver, U-Visas and VAWAs cont.
U-Visa (Or U nonimmigrant status or crime victims visa)
Eligibility- You must be an immigrant who has suffered substantial physical or mental abuse (or have information about that criminal activity), be helpful to the investigation of the activity, and the crime committed must violate the laws of the US or have occurred in the US
How to apply- To apply you must include a personal statement describing the crime, show that you are a victim of a crime by submitting trial transcripts and rulings, show where the crime occurred, the nature of the crime, show how you have been helpful in the investigation, and certification from law enforcement After Approval- If your Visa is approved you will be sent a work card, and later you may apply for LPR status
If you think you are eligible for this and would like more information, please ask for the U-VISA handout
U-Visas, VAWAS, and Battered Spouse Waiver, cont.
VAWA (or Violence Against Women Act)
Eligibility- You must be a spouse, parent, or child of a Legal Permanent Resident or a US Citizen and have been abused by them
How to apply- To apply you must include, a personal declaration, evidence of relationship to the abuser, proof of a good faith marriage, evidence of the abuser’s immigration status, proof of residence with the abuser, and proof of the abuse
After Approval- If your Visa is approved you may then apply for a work permit and LPR status
If you think you are eligible for this petition and would like more information, please ask for a VAWA handout
For all the above waivers and visas, documents and forms should be sent to the U.S. Citizenship and Immigration Services in Vermont
Safety Planning
-Memorize numbers of people you can go to for help; local crisis lines and emergency numbers
-Tell others you trust such as neighbors, friends, or co- workers and talk about ways they can help
-Identify escape routes and where to go if you must leave quickly
-Talk to your children about what they can do during a violent incident and how they can keep themselves safe
-Put together an emergency bag with important papers (if you would like a list of papers you should pack, please request a check list)
-Pack your medical prescription, extra car keys, money, checkbooks, credit cards, immigration documents, passport, and a list of contact numbers and give the bag to someone you trust
If you would like a more personalized safety plan or have any questions please ask someone here at Tapestri, Inc.
Always remember to trust your instincts and if you are in immediate danger CALL 911
Resources
National Resources
Asian Pacific Institute on Gender-Based Violence
500 12th Street, Suite 330, Oakland, CA 94607-4087 Phone: 415-568-3315
Futures Without Violence
100 Montgomery Street, The Presidio San Francisco, CA 94129
Phone 415-678-5500
Georgia Resources
Georgia Coalition Against Domestic Violence 1-800- 334-2836
Georgia Commission on Family Violence 404-657- 3412
Georgia Network to End Sexual Assault 404-815-5261 Georgia 24-hour Domestic Violence Hotline 1-800- 334-2836
Local Metro Atlanta Resources Emergency Numbers/Hotlines
Georgia 24-hour Domestic Violence Hotline 1-800- 334-2836
Georgia Coalition Against Domestic Violence (404) 209-0280
Caminar Latino (404) 413-6348
Center for Pan Asian Community Services (770) 936- 0969
Latin American Association (404) 638-1800, (404) 638-1812
New American Pathways (404) 299-6099,
Raksha (404) 842-0725; 1-866-725-7423
Shalom Bayit/Jewish Family and Career Services (770) 677-9322
Tapestri Inc – 404-299-2185, 1-866-317-3733
United Way 211 (referrals to community resources)
Counseling
CETPA 770-662-0249
Raksha 404-842-0725
Trinity Social Services 678-824-6590 Families First 404-853-2844, 404-853-2800 Catholic Charities 404- 920-7745.
Care and Counseling Center of Georgia 1457
Local Metro Atlanta Resources
Shelters
Women’s Resource Center 404-688-9436
PADV Fulton: 404-873-1766, Gwinnett: 770-963-9799 Cherokee Family Violence 770-479-1703
Forsyth County Family Haven, Inc. 770-887-1121 YWCA of Northwest Georgia 770-427-3390 International Women’s House 770-413-5557
404-636-
Legal
GAIN (Immigration) 404-572-2609
Latin American Association (immigration) 404-638- 1812, 404-471-1889
New American Pathways (immigration) 404-299-6099 Catholic Charities Atlanta (immigration) 678-222- 3920
Atlanta Volunteer Lawyers foundation – (family Law)- 404-521-0790
Dekalb Volunteer lawyer’s foundation (family law) – 404- 373- 0865
Georgia Law center for the homeless – 404-681-0680 Access to Law (immigration and family law) 770-685- 1499
Local Metro Atlanta Resources
Atlanta Legal Aid- Legal services for low income people
in 5 metro county areas
Fulton 404-524-5811
Cobb 770-528-2565
DeKalb 404-377-0701
Gwinnett 678-376-4545
Clayton and South Fulton 404-669-0233 Spanish 404-377-5381
Remember: If you are in immediate danger, always call 911
Violence does not mean love in any language.