Name: Victoria
Allegation: Environment Injurious
Penalty Avoided: 5 Years on State Registry, Impact on Custody
Victoria and her husband were both immigrants from Spanish-speaking countries, though she only spoke Spanish and he had learned English. Together, they raised a bilingual son, who was seven years old when Victoria’s ordeal with DCFS began. Her husband had been helping their son with homework when he suddenly became frustrated and slapped the child on the head. Victoria yelled at her husband not to hit their son. Her words only further angered her husband, however, as he hit his son again before hitting Victoria. He then proceeded to grab his son around the neck, while blaming his wife, shouting “See what you caused.” Letting go of his son, Victoria’s husband turned to her, pulling her down by her hair and kicking her. Fearing for her safety, Victoria hit her husband back in self-defense before fleeing to the police station. Her husband followed.
At the police station, Victoria attempted to explain the situation, but none of the officers spoke Spanish. Her husband told the policemen a story in English as Victoria watched and listened, only understanding when her husband pointed to the scratch marks on his neck. The policemen then arrested Victoria. She was released later that day and not charged with any crime. However, the Illinois Department of Children and Family Services (DCFS) found out and charged Victoria with child neglect, claiming she had created an “environment injurious” for her son.
Shortly after, Victoria filed an order of protection, only to be told that her husband had already filed for divorce. Next, at a hearing, the judge gave primary custody of their son to his father during the week, and limited to rights to Victoria to spend time with him during the weekends.
With the help of The Family Defense Center, Victoria was able to get her case voluntarily unfounded. Her name was cleared, and she and her son were able to safely move on with their lives.