Nationwide — Meet Evelyn Hemphill, an African American mother, a hardworking lady, the matriarch of her household, and an advocate from Chester County, South Carolina. She can also be a two-time survivor of home violence, and he or she grew to become an advocate due to the way in which South Carolina’s Household Court docket System mishandled her divorce and subsequent courtroom circumstances, wreaking havoc on the lives of her and her son.
A surgical technologist by career with over 20 years of expertise, she by no means supposed to be an advocate. She deliberate to boost her son to be one of the best man he might be and to concentrate on her efforts at work in order that she might fund his school training.
“Thank God we don’t appear like what we’ve been by,” says Evelyn. “I can smile at this time, however I’ve a narrative to inform, and it ain’t all peaches and cream. I’ve been combating the South Carolina Household Court docket System for 14 years and nonetheless haven’t gotten justice.”
The state of South Carolina ranks sixth-highest* within the nation when evaluating the proportion of feminine residents who’ve skilled Home Violence, and the state has additionally ranked inside the nation’s high 10 for the best price of intimate partner-related mortality for almost 20 years. A report commissioned by the Jamie Kimble Basis for Braveness reveals Home Violence price ‘the state’ $358.4 million in 2020. And whereas research, just like the Jamie Kimble Basis’s examine, carried out by a College of South Carolina economist, will assess the financial influence of Home Violence for the state, no South Carolina company or establishment dares tackle the long-term implications for Home Violence survivors or the monetary pressure on Home Violence victims, like Evelyn Hemphill. Evelyn’s courtroom battles have price her over $100,000, depleting her financial savings and her youngster’s school fund and touchdown her closely in debt.
In 2010, Evelyn paid an lawyer, her 1st lawyer, $7,500 for her protection as a respondent in a divorce continuing. When her lawyer uncared for to seem in courtroom, South Carolina Household Court docket levied a default judgment, awarding custody of her youngster to her abuser. Evelyn then paid a 2nd lawyer $4,500 to revive the case to the courtroom calendar. This lawyer took her cash and likewise stole all the authorized file. A third lawyer did not file the paperwork vital to revive the case to the courtroom calendar inside the courtroom’s 365-day mandate. Evelyn then paid a 4th lawyer’s retainer.
Home violence already takes a bodily, emotional, and psychological toll on victims. The idea is that Household Court docket is meant to guard girls and kids. Evelyn can attest to how her courtroom battles had been dealt with by the South Carolina Household’s Court docket System stored her in duress for 14 years, for much longer than the 11 years she had remained married to an abusive husband. “It was horrible,” says Evelyn. “I used to be on a determined journey for justice, and it by no means occurred,” Plus, her abuser invaded her dwelling and bodily attacked her 5 years after the divorce proceedings had been remaining.
Evelyn’s authorized battles not solely ravaged her funds but additionally took a toll on her well being, main her to develop a Thyroid situation after dropping custody of her youngster, paying youngster assist to her abuser, and being viciously attacked by her abuser throughout a house invasion, all whereas financing her on-going courtroom battles. “In 2018, working along with her 4th and final lawyer price Evelyn over $10,000 in billable hours and courtroom prices to no avail. At that time, she determined to fireplace him and signify herself within the custody case.”
Evelyn represented herself as a professional se litigant and introduced her case earlier than the South Carolina Court docket of Appeals and the South Carolina Supreme Court docket, solely to have her case dismissed on one other technicality. “I’m not a lawyer, however my expertise taught me I’d do a greater job myself. I’ve by no means in my life seen such gross negligence. However the courtroom system wouldn’t defend me, reprimand the person legal professionals, or maintain the person legal professionals accountable. The courtroom gave all of them a go. So, how can any common citizen belief our courtroom system when it’s apparent to us that the plaintiff’s lawyer, the defendant’s lawyer, and the decide are all colleagues and buddies?”
South Carolina’s Felony Court docket issued a Lifetime No-contact Restraining Order. Home Violence packages sanctioned by the state will fund an advocate for legal courtroom proceedings. Nevertheless, in Household Court docket, victims are left to fend for themselves. Whereas this was taking place, South Carolina’s Household Court docket allowed the abuser to retain custody of the sufferer’s youngster, although she had by no means been deemed an unfit guardian by any company. “However once I realized that even the legal assault was going to be inadmissible in courtroom, that stirred one thing inside me to need to do all I can to verify different girls don’t should undergo what I went by.”
Most egregiously, South Carolina’s Household Court docket didn’t grant Evelyn, a Home Violence sufferer, her proper to have a sworn statement of her abuse heard and documented in Household Court docket proceedings. The Court docket of Appeals within the State of South Carolina determined Evelyn’s case with out oral argument, pursuant to Rule 215, SCACR, and additional referenced the next:
THIS OPINION HAS NO PRECEDENTIAL VALUE. IT SHOULD NOT BE CITED OR RELIED ON AS PRECEDENT IN ANY PROCEEDING EXCEPT AS PROVIDED BY RULE 268(d)(2), SCACR.
By regulation**, South Carolina’s hefty $358.4 million price ticket is gleaned from South Carolina’s marriage license charges. None of this funding goes to Home Victims instantly. Nonprofit firms applicable and disburse these funds to cowl state-sanctioned emergency shelters, group packages, and initiatives for sufferer assist, hotlines, well being care, transportation companies, regulation enforcement prices, and many others.
“What number of girls are in jail in South Carolina for murdering their abuser? I didn’t flip to medicine. I didn’t lose my life. I stored my integrity, compassion, and composure whereas combating for my life within the South Carolina Court docket System. My former abuser had each alternative to kill me if he wished to due to the system’s failure.”
Evelyn started group service, volunteering with a Home Violence 501(c)3 nonprofit group known as Catapult Outreach, Inc., as a volunteer adviser to the board and Home Violence advocate. “This isn’t only for me. It’s for all the people who find themselves going by one thing related and all of these people who find themselves now not right here to inform their tales. I’ve been sharing my story throughout talking engagements without charge to the group. Sadly, our previous impacts our future, and this entire ordeal has set me again twenty years, depleted my funds, and left me struggling to maintain a roof over my head and put my son by faculty, which is why I’m now turning to the general public.”
NOTE TO EDITORS:Evelyn Hemphill is sharing her story to boost consciousness about abuses inside the South Carolina Household Court docket System. She can also be sharing to garner assist and get her life again on observe. For extra particulars, please go to her web site https://evelyn-the-domestic-violence-advocate.ueniweb.com/
For press and media inquiries, promotional images, and interviews, please name (803) 470-5618 or e-mail newsoulmusic14@gmail.com
To point out your assist or to donate to Evelyn Hemphill instantly, go to https://gofund.me/2b1517cc or https://gofund.me/267d9438.
Home violence can take many types, together with bodily assault, sexual abuse, financial and emotional abuse. In case you or somebody you realize is scuffling with home violence and needing assist, Catapult Outreach affords exit planning and advocacy and might present applicable sources. For extra data, go to CatapultOutreach.org.
WATCH Evelyn Hemphill – Home Violence Survivor & Advocate | Mista Darkeye Podcast:https://www.youtube.com/watch?v=Zb_29yAlWDY
* https://worldpopulationreview.com/state-rankings/domestic-violence-by-state
** S.C. Code § 20-4-160(C) The Home Violence Fund should obtain its income from that portion of marriage license charges offered for in Part 20-1-375 and donations, contributions, bequests, or different presents made to the fund. Contributions to the fund should not be used to supplant present funds appropriated to the division for home violence packages and grants. Monies within the fund could also be carried ahead from one fiscal yr to the subsequent, and curiosity earned on monies within the fund have to be retained by the fund.
