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Navigating the legal labyrinth often next hurdle for those fleeing domestic violence in Las Vegas

When a domestic violence victim is ready to leave an abusive situation, their next hurdle might be navigating the legal and judicial systems.

Organizations such as SAFE House and Safe Nest provide each survivor with an advocate who can help them, whether it’s seeking custody of children or filing for a protection order.

Working alongside survivors and advocates can be a variety of pro bono attorneys, or even nonprofits such as the Legal Aid Center of Southern Nevada.

“There are a constant stream of cases,” said Athar Haseebullah, a staff attorney with the nonprofit Legal Aid Center of Southern Nevada. “When a victim is fleeing, they might be facing more than one legal issue.”

Working through the legal process

When a survivor comes in to the Legal Aid Center or is referred by a shelter, they have to fill out intake paperwork. Haseebullah said each case is reviewed by the attorneys to determine if the center will take it.

Because Nevada has a long history of domestic violence cases — the state is consistently ranked as the worst for domestic violence — Haseebullah said the center tries to take on as many cases as it can.

“Generally speaking, domestic violence cases are high priority because of the high number of fatalities,” he added.

If the center can’t take a case, it can refer them to law firms that take pro bono clients.

Under its Family Justice Project, the center’s attorneys see a variety of domestic violence cases and try to help with each individual need. Attorneys will walk with survivors as they face family court, trying to get a divorce or gain custody of children, terminate rental agreements or attend hearings for protection orders.

The center can also oversee immigration issues that come up in domestic violence cases.

“We end up seeing clients who are too afraid to report because of their immigration status,” Haseebullah said.

If a survivor is undocumented , an abuser might hold immigration status over them, preventing them from coming forward. Even if both the victim and abuser are undocumented, the uncertainty of what could happen if they come forward could prevent them from talking.

“So we can help them complete paperwork and obtain lawful status,” Haseebullah added. “It won’t necessarily mean citizenship, but at least they won’t be hiding in the shadows.”

There’s the issue of money. Abusers might withhold money or prevent victims from seeking employment. Some victims have turned to payday loans, which could have a negative impact on their future finances.

Court allowed plea deal for abuser

While there are resources available for survivors who are entering the criminal justice system, it doesn’t always mean they have an easy time. Brooks, who is withholding her full name for safety purposes, said it hasn’t been easy pressing charges against her abuser.

After 11 years of marriage, Brooks’ husband turned violent.

“It was because he started doing meth,” she said. “That changed everything.”

The first time he hit her was in 2015. Though she went through the routine of covering up bruises, she finally called the police and got him arrested.

A few months later, he tried to kidnap her. Luckily, bystanders saw him try to force Brooks into a car and called the police.

He was arrested within a few blocks.

As terrifying as the cycle of violence was for Brooks, so was calling the police, having her husband arrested and then having him be released to do it again.

“The last time he was released, I wasn’t informed until three days later,” she said.

Not too long after that, he came to her apartment and attacked her, nearly strangling her.

Once again, Brooks found herself in a courtroom — accompanied by emergency service workers who helped her and other witnesses — to testify against her abuser.

“But he took a plea deal,” she said.

Brooks said this meant his charges were lessened, and he was sentenced to two to five years.

“It’s really frustrating,” she said. “You go all through all this stuff. You miss work to testify. You make him mad. After all this, he can take a plea deal.”

Looking back, Brooks doesn’t know if she would choose the same route.

“I’m glad I went to Safe Nest,” she said. “I would tell any woman to get out. Just maybe think twice before going through the justice system.”

Haseebullah said those entering the legal system as a survivor of domestic violence shouldn’t have to do it alone.

“There are many legal avenues out there,” he added.

For more information on the Legal Aid Center of Southern Nevada, 725 E. Charleston Blvd., call 702-386-1070.

To reach Henderson View reporter Michael Lyle, email mlyle@viewnews.com or call 702-387-5201. Find him on Twitter: @mjlyle.

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