猫咪社区

Leigh Ferrin knew she had to find a way to help the single mother who called her legal aid office.

The mom, who lived near Ferrin鈥檚 office in Orange County, had escaped domestic violence and was trying to move on with life鈥攆or her child and herself. She was scraping together rent money for the home they shared. She was starting over.

But the past kept haunting her.

The client鈥攚hose name is being withheld to protect her privacy鈥攕tarted getting calls from credit card companies after leaving her husband. It turned out her ex-spouse possessed numerous credit cards in her name and had racked up about $5,000 in debt. The debt wasn鈥檛 hers, and she couldn鈥檛 afford to pay it. The creditors sued her.

鈥淚 thought, there needs to be something we can do, there needs to be a way for us to publicly fight back against the creditors and say, 鈥業 don鈥檛 deserve to owe this debt,鈥欌�� said Ferrin, who at the time worked at the Public Law Center and who is now program director at One Justice, a statewide support center for pro-bono legal firms.

Ferrin got to work, advocating for her client and the estimated thousands of other financial-abuse survivors like her in California every year. In September, Gov. Gavin Newsom signed Senate Bill 975, a new law that will make it easier for survivors of financial abuse to seek relief from coerced debt.

Research suggests financial abuse . More than half of domestic violence survivors experience coerced or fraudulent debt of more than $10,000 a year, the legislation states. Financial abuse in intimate partner relationships is often accompanied by other forms of violence, such as physical or psychological mistreatment. According to the , 1 in 3 women and 1 in 4 men have experienced some form of physical violence by an intimate partner.

Overwhelming Support

When her client first came to her office for help, Ferrin tried to reason with the credit card companies by writing them a letter and sending a copy of her client鈥檚 restraining order to explain the situation. The creditors ignored the letter and sued, taking the single mother to court. The case was ultimately settled two days before trial, but placed enormous stress on the mother, Ferrin said.

鈥淚t just is ridiculous to me that she had to go through this year-to-two-years-long battle over something that should be more generally understood and is an issue that impacts survivors so clearly,鈥� Ferrin said.

That鈥檚 when Ferrin started working on and advocating for SB 975. The most recent version of the bill was introduced by Orange County Sen. Dave Min in February 2022, and it passed overwhelmingly in the Senate and Assembly in August.

The bill will compel creditors to recognize coerced debt if a survivor can provide proof, such as a police report, a court order specifying financial abuse, an identity theft report, or a letter from a professional, such as a domestic violence advocate or clinical social worker. Creditors can also seek repayment of the debt from the person responsible for it. The law takes effect July 1.

While Ferrin anticipates it will take time for awareness and understanding of the new law to reach survivors and those who advocate for them, she said she hopes it will ease the burden on survivors and help prevent them from losing a job or housing because of a partner鈥檚 financial manipulation.

The Right 鈥渢o Stand Up for Themselves鈥�

When legal advocate Dan Sanders meets with domestic violence survivors, he frequently hears stories of financial exploitation鈥攕pouses that control the survivor鈥檚 access to money, steal their paychecks, or prevent them from seeking a job. Others rack up debts in their partner鈥檚 name to ruin their credit.

The abuse can be devastating, often forcing survivors to remain in violent relationships for economic security, or grapple with huge debt burdens if they leave. Yet, until recently, Sanders and his team of legal advisers at the in Orange County struggled to help these survivors achieve justice.

鈥淪ometimes judges would say, 鈥業鈥檓 sorry, that鈥檚 not abuse that falls under the family code,鈥欌�� said Sanders, who provides legal advocacy for survivors applying for domestic violence restraining orders and representing themselves in court.

Legal protection against financial abuse was not clearly stated in California law for years. But in 2021, California expanded its legal definition of domestic violence to cover , including using economic power to interfere with a partner鈥檚 鈥渇ree will and personal liberty.鈥�

The new laws have 鈥渙pened it up for people to have ways to fight back against the abuse that they鈥檝e gone through,鈥� Sanders said. 鈥淲hen I say fight back, I don鈥檛 mean to abuse back. It鈥檚 to stand up for themselves, to exercise their rights, to make sure their voice is heard.鈥�

It Can Happen to Anyone

Although financial abuse and other forms of domestic violence occur at all socioeconomic levels, low-income people are often most vulnerable, said Sanders. That鈥檚 because they鈥檙e less likely than wealthier survivors to have financial resources or the ability to lean on economic support from other family members. Immigrants without legal immigration status face particularly precarious situations.

But Elizabeth Vera, who does training and consulting for organizations working with domestic violence survivors, said it鈥檚 important to understand that financial abuse can happen to anyone. She said she, too, experienced financial abuse. At the time, her family was outwardly middle class and lived in a nice house, but her partner controlled the finances, withheld money for groceries, skipped rent and utility payments, and took away the car, she said.

Because the financial abuse wasn鈥檛 obvious, and because outwardly the family appeared well off, Vera said she struggled to get friends to believe her, leaving her feeling isolated and ashamed.

鈥淚f you鈥檙e physically abused and you have bruises, people will look at them and have some sympathy or compassion, there鈥檒l be some sense that what you鈥檙e saying is true,鈥� Vera said.

Sometimes survivors run into 鈥渢his perception that financial abuse is the victim鈥檚 fault,鈥� Vera added. 鈥淭hat the victim-survivor should have known better, should have planned better.鈥�

Vera now trains people working in the social services field to recognize and respond to signs of financial abuse. Signs include having difficulty paying for food or other basic needs, even when the person or their spouse should be able to afford them, and wearing dirty clothes, or inappropriate clothes for the weather. Vera advises listening without judgment and offering support, such as referring survivors to food banks and free legal advocacy.

California鈥檚 recent advances, particularly SB 975, will help alleviate the suffering of survivors of financial violence, Sanders noted. He urged people experiencing this or any other form of domestic violence to seek help and support.

鈥淢y hope is that this legislation, this amendment to the law, will give people a clearer path to freedom from abuse,鈥� he said. 鈥淗opefully people are going to find that things are not as hopeless as they might have seemed in the past.鈥�

If you or someone you know is experiencing domestic violence, contact the  at 1-800-799-7233 for support and referrals, or text 鈥淪TART鈥� to 88788.

This story was produced in collaboration with the .