You have many rights as a survivor of domestic violence. This article will list the rights that you have. It will link you to pages that can give more information about these rights.

Employment

You may take unpaid time off work to deal with matters relating to domestic violence, sexual assault, or gender violence. You may be able to get unemployment benefits if you had to quit your job due to abuse.

Housing

You may have the right to move or break your lease if you do not feel safe in your living space. If not, you may have the right to change the locks on your apartment. If you have exclusive possession, you will be able to stay in the apartment. You cannot be evicted from subsidized housing due to domestic abuse. You have a right to a safety transfer in any federally subsidized housing.

Public benefits

You may be eligible for TANF Crisis Assistance (expedited SNAP benefits). You may also qualify for childcare assistance if you have a child under the age of 13. There are domestic violence exceptions to the 60-month limit on TANF benefits. If you do this, you do not have to give the identity of your child’s father.

Education

You may have the right to a schedule change or a transfer to another school in order to feel safe. Your school is required to investigate the allegation of sexual assault if you request it.

Personal safety

You may be eligible for a protective order. A protective order can help keep you and your household members safe. There are three common orders that may be helpful depending on your situation:

• Civil No Contact Order (sexual assault),
• Order of Protection (domestic violence), and
• Stalking No Contact Order (stalking).

These orders may require many different things. It may require that the abuser stays away from you or your school or place of work. It could require that the abuser surrender guns and weapons, or that your address remain confidential. It may even require that you have exclusive possession of your home. Otherwise, the abuser’s visits with your children are restricted. There are even more remedies that a judge could use. Note: If you conceived a child as a result of sexual assault, the father might not have any right to custody or visits.

Immigration protections

You may be eligible for immigration remedies that give you permission to be in the US if you have been abused. This applies even if you are a survivor of sexual assault or domestic violence that happened many years ago.

Financial abuse

You may put a fraud alert or dispute accounts on your credit report if your abuser is taking out debts in your name. If you are married and the mortgage is in your abuser’s name, you may still have property rights.

Accessing a medical facility

Victims of sexual assault have the right to access a hospital or medical facility. You may ask for medical forensic services for injuries, emergency contraceptives, and a rape crisis counselor. You will receive tracking information from hospital staff or an officer. It will tell you the location and completion date of the test.

If you are 13 years or older, you can consent to medical forensic services after a sexual assault. You can then release the information for testing. This means the information will be accessible during a criminal investigation. If you are under 13 years, you will be able to consent to a medical evaluation following an assault. However, a parent, guardian, officer, or provider from the Dept. of Children and Family Services (DCFS) services will have to sign off on releasing it for testing.

Rights in a criminal case

When a sexual assault victim is a minor, or was a minor at the time of the abuse, the judge can make all of the people watching the case, who do not have a direct interest in the case, leave the courtroom. The judge can do the same if the court is showing videos or photographs that show the minor. This rule does not apply to the media.