A Chicago woman facing physical and financial abuse is fighting back. Her victory could help thousands of survivors.

CHICAGO (CBS) — A Rogers Park mother of two who faced physical and mental abuse wanted to get away from her boyfriend, but says she also faced financial abuse that left her trapped.

Enidt Martinez found himself in the same situation as so many other survivors. According to the National Network To End Domestic Violence, financial abuse occurs in approximately 98% of domestic violence cases. It is also the number one reason why survivors stay with an abuser.

“Pay attention to the red flags because there are always red flags,” Enidt said.

Her warning signs started with arguments and then became physical.

“He grabbed my hair and pulled me across the room,” Enidt said. “He hit me, kicked me.”

She shared a photo of her bruised face.

“Very scary. It was something I never thought would happen,” Enidt said.

The two had a daughter together. Enidt also had an older daughter, who often saw the outbursts.

‘She was scared. She was yelling at her, at him, telling him to stop,” Enidt said. “Or she would hide in her room or under her covers.”

But leaving wasn’t easy. Martinez felt financially trapped. She didn’t know how to pay for rent, food or care for her girls. She suffered financial abuse.

“He wouldn’t let me go to work. But when the bills came in, he said, go get a job,” Enidt said of the financial abuse. “If I didn’t get a job, it was wrong. If I got a job, it was wrong.”

Enidt said he would also verbally abuse her.

“It was, it was very stressful,” Enidt said. “It was a lot of stress.”

Then came the final straw and Enidt was issued a protective order. It says her boyfriend “hit” her in the “face” and “arm” while she was holding their little girl Esperanza – who was just 9 months old.

After that, Enidt decided she had to leave the relationship for her two girls.

“It just made me make the decision to just leave and get a protective order,” Enidt said.

On the document she filled out to get the protective order, Enidt checked a box asking for temporary child support, but when she went to court, the judge refused to even consider this request, leaving Enidt with nothing .

“It failed me. Just like the judges failed me,” Enidt said.

The judge did not follow what should be done under the Illinois Domestic Violence Act. In most cases, judges hearing protective orders must also consider temporary child support orders.

“It’s critical to the safety of survivors. It’s required by law,” said Benna Crawford of Legal Aid Chicago, who represents survivors in protective order cases.

She says too many domestic violence judges fail survivors in the same way.

“What happened to Enidt is the same experience that survivors of domestic violence have gone through over the last decade,” Crawford said.

Illinois Domestic Violence Hotline: 877-863-6338

National Domestic Violence Hotline: 800-799-7233

To get answers about this problem, we went to the highest judge in charge of the domestic violence courthouse. We received a statement that raised even more questions. Temporary child support is said to be being given to survivors at an “extremely high volume.” We have called for court records to support this statement. Something we had already been told was not followed. And it isn’t. The court had no data. The statement was wrong.

The same statement also said it is working to develop a framework for these child support requests: “In collaboration with the Division of Domestic Relations, the Division of Domestic Violence continues its work in developing a framework that will appropriately initiate, manage and enforce child benefit possible. filed for child support.”

Judge Judith C. Rice, Domestic Violence Chair, and Regina A. Scannicchio, Domestic Relations Chair, support the goals of the Illinois Domestic Violence Act (IDVA) and the case of Martinez v. Leon. We understand that financially unstable survivors can become trapped in abusive relationships, especially when children are involved. Furthermore, we believe that children have the right to financial support from both parents. The Domestic Violence Division provides emergency assistance to survivors, including temporary child support, in an extraordinary number of expedited protective order proceedings. The Department of Domestic Relations maintains the infrastructure necessary to address complex, longer-term issues through parenting, child support and termination proceedings. In collaboration with the Division of Domestic Relations, the Division of Domestic Violence continues its work in developing a framework that facilitates the proper initiation, execution and enforcement of requested child support orders. Both divisions remain steadfastly committed to the holistic support of survivors and their families to ensure their physical and financial safety.

Enidt was told that in order to receive child support, she would have to file a new case with the Domestic Violence Division – a court not intended for emergencies. Enidt’s trial continued for almost a year. Not the kind of speed a survivor needs to get out.

“That’s what judges have been telling survivors for years: go and file a domestic relations case,” Benna said.

“It’s not easy,” Enidt said. “It’s just a very stressful process.”

Enidt said even though the court failed her, she did what she had to do for her children and her safety. She left. But she continued to fight alongside attorneys from Legal Aid Chicago. Her team appealed, saying the judge had failed to do what the law required.

And she won.

“I feel good,” Enidt said. “That other people can now make their voices heard and leave their abusers behind.”

Crawford said the court’s ruling in the Enidt case could now help many other survivors.

“I don’t think it’s an exaggeration to say there are thousands and thousands of survivors,” Crawford said.

Enidt is grateful that her fight will make such a difference.

“Everything about the process is scary,” Enidt said. “But in the end, you’ll get the help you need, and that will be the best feeling ever.”

The court’s ruling in Enidt’s case is a victory for survivors in Cook County, where the ruling applies. We wanted to know if judges in other provinces follow the Domestic Violence Act and handle child support. Since no one is following it, we reached out to Praire State Legal Services, which represents survivors in 36 counties.

“Prairie State Legal Services, Inc. provides free legal services to individuals in 36 counties in northern and central Illinois. We provide legal advice and representation to survivors of domestic violence through protective proceedings and related family matters. We serve approximately 4,000 survivors of Our experience is that whether temporary child support is awarded in a protection case varies depending on the judge presiding over domestic violence cases in the particular province. Currently, judges presiding over domestic violence cases in child support at a lower rate than half of the provinces in our service area. This means that survivors of domestic violence in at least 20 provinces in our service area do not receive child support in order of protection cases, leaving survivors without financial assistance until they can file a parental or family law suit. submit. PSLS renews our efforts to secure child support for survivors to increase financial stability for survivors and their children.”

Monday, October 21 at noon you can register and participate in a panel discussion, held on Zoom, to learn more about receiving child support while serving a protective order.

The National Network to End Domestic Violence provides tools and resources for domestic violence survivors and their advocates. You can view their toolkit online.