DOUBLE BIND
EVERY OPTION RESULTS IN HARM​
When a parent is
ABUSED
REPORT
ABUSE
DO NOT
REPORT ABUSE
while their children are home, whether they
they can be charged with
FAILURE TO PROTECT
​This paradox traps victims in an impossible situation, where they face punishment whether they speak up or stay silent.
We must not condemn the "wrong choice"
when we can not point to the "right choice."​
"JUST LEAVE"
LOSE CHILDREN TO FOSTER CARE SYSTEM
Both staying in an abusive relationship to plan a new life and fleeing without one can be considered legally negligent parenting. Without access to transportation, income, or safe housing, escape can mean exposing children to conditions that meet the state’s definition of neglect—failing to meet their basic needs—and can lead to loss of custody and the revictimization of children in foster care.
LOSE CHILDREN TO VIOLENT PARTNER
A victim who flees without reporting abuse can easily lose custody of their children to a violent and dangerous partner who would then have no documented history of DV, especially if that partner has more financial resources and perceived stability considering they remained in the home.
Even if a victim does report abuse, risk of losing custody to their partner is still high. In 21 of 39 studied cases, abusive fathers were granted custody or visitation.
Another study found that in cases where mothers alleged abuse and fathers made counter-claims of parental alienation, the mothers’ risk of losing contact with their children was doubled.
LEGAL RAMIFICATIONS
A victim who does report abuse and flees the area is subject to the increased scrutiny of law enforcement, prosecution teams, and social workers who often flag this as an unwillingness to cooperate with their investigations. If deemed a flight risk, a victim can be prevented from taking the children out of state for the duration of the case, putting them in an even more vulnerable position. In many cases, leaving is not a legally viable option.
INJURY OR DEATH
The period following separation is often the most dangerous, when victims face the highest risk of serious injury or death. In the absence of systemic support, remaining with the abuser while a sustainable safety plan is devised can be the only way to preserve a family’s stability and keep children safe from further harm.
WOMEN WHO LEAVE AN ABUSIVE PARTNER ARE
RISK OF HOMICIDE INCREASES UP TO
OF DV-RELATED HOMICIDES,
VICTIMS WHO LEAVE ABUSER FACE A
3.5X
MORE LIKELY TO BE KILLED THAN WOMEN WHO STAY
750%
RIGHT AFTER VICTIM
LEAVES ABUSER
77%
OCCUR AT OR JUST AFTER TIME OF SEPARATION
75%
INCREASE IN VIOLENCE FOR AT LEAST TWO YEARS
"ASK FOR HELP"
CPS INTERVENTION:
FAILURE TO PROTECT
LOSE CHILDREN TO FOSTER CARE
In Nevada, domestic violence hotline counselors, therapists, family resource center personnel, and anyone employed by or volunteering with a group that provides services to children are mandated reporters who must notify authorities if they have reasonable cause to believe that a child has been exposed to domestic violence. Once it is discovered that children live in the home, even if they did not actually witness the incident, the focus often shifts from helping the victim to fulfilling legal disclosure obligations to protect children from perceived hypothetical harm.
​
When CPS opens an investigation, they may obtain detailed provider notes that reveal personal information shared in confidence and use them to prove the victim's vulnerable state in court.
​
In the current Nevada landscape, these are not safe resources for parents seeking support.
​
While domestic violence resource providers are a safe haven to many, if they can not legally support victims who have children without reporting them to child protective services, they are not acting as a safe haven, but as an extension of DCFS.
"GO TO A SHELTER"
LOSE CHILDREN TO VIOLENT PARTNER
CPS INTERVENTION:
FAILURE TO PROTECT
DV shelters do save lives, but for survivors who are parents, seeking refuge also exposes them to the threat of an automatic CPS investigation and family separation, making the pursuit of safety a risk in itself. Documentation such as shelter intake forms, safety plans, and case notes can be used as evidence that victims cannot provide for their children, and they are often not given even 24 hours to get back on their feet before damaging intervention.
OF DOMESTIC VIOLENCE
INVOLVES
FINANCIAL ABUSE
99%
1 in 4 DV SURVIVORS WHO SEEK SHELTER ACTUALLY GET IT
OF HOMELESS WOMEN AND CHILDREN ARE FLEEING DOMESTIC VIOLENCE
50%
LOSE CHILDREN TO FOSTER CARE
of victims reported fear
66%
of losing their children due to homelessness if
they left the relationship.
of child removals list housing instability or homelessness as a primary factor.
30%
"CALL 911"
FAILURE TO PROTECT
CPS INTERVENTION:
LOSE CHILDREN TO FOSTER CARE SYSTEM
LOSE CHILDREN TO VIOLENT PARTNER
RETALIATION:
INJURY OR DEATH
Of DV victims say police response made things worse or did nothing to help
1/2
The evidence and information collected by law enforcement is often provided to child welfare agencies, who can use it to demonstrate the victim's perceived helplessness as justification to obtain an emergency warrant to remove the children from the home.
MORE THAN
OF DV CHARGES ARE DISMISSED
1/2
When police arrest the perpetrator, they are often only detained for 12-24 hours, as they are assumed innocent until proven guilty.
of protective orders are violated
1/2
Unless proven in criminal court, police reports and allegations of violence can not be used against the perpetrator in future custody proceedings, but CPS reports alleging the victim's resulting parental unfitness can still be used against them. In Nevada, non-offending parents can be presumed guilty of
failure to protect from abuse the abuser has been acquitted of.
When we punish victims for speaking up,
we promote silence.
When child protection systems punish the act of seeking help, justice is turned upside down. Parents who report abuse to protect their children from further exposure are subjected to systemic investigation and penalties, while those who stay silent often escape it. When protection is prosecuted, victims learn that state intervention is the family's greatest risk.
OF DV VICTIMS CITE PROTECTING THEIR CHILDREN AS REASON FOR STAYING WITH ABUSER
60%
1 IN 3 VICTIMS AVOIDED SEEKING HELP DUE TO MANDATORY REPORTING
OF DV VICTIMS FEAR LOSING CUSTODY IF THEY FLEE
73%