DEVELOPING STRATEGIES TO INCREASE COMPLIANCE WITH COURT ORDERS

1. DEVELOPING STRATEGIES TO INCREASE COMPLIANCE WITH COURT ORDERS Presented by Tina Rasnow and Jodi Prior, Self-Help Legal Access Center, Ventura County Superior Court

2. Drafting the Order • Use plain and simple language • Avoid legalese • Keep sentences short • Include specific instructions • Avoid ambiguities • Address the issues decided by the judge • Get clarification from the court if needed, before drafting the order • Same strategies for Stipulation & Order

3. Explaining the Order • Make sure the SRL understands the order • Explain the possible consequences of violating the order • Ask the SRL if s/he has any questions about the order • Ask the SRL if s/he needs assistance in complying with the order, and make appropriate referrals to such assistance

4. Orders for LEP Litigants • Provide translated copy of order • Go through the same explanation and review as for English speaking litigants, but include additional explanations as may be warranted to be culturally relevant to the litigant • Make sure probation orders are provided to the defendant in his/her language

5. Explain Opportunities to Request Modification of Orders • Explain how orders may be modified in certain circumstances when people’s situation changes • Remind SRL that s/he can return to court to request modification in the future as appropriate • Inform SRL of the legal standard that must be met to modify orders

6. Provide Tools to Assist With Compliance • Check lists can help SRL’s to comply with court orders • For example, checklist called “Personal Action Plan to Regain Child Custody” • Show SRL’s the law that supports the order if they are questioning its basis • Explain the rationale behind the law if necessary

7. Explain Options • Provide fill-in-the-blank forms and instructions for motions to convert judgments to payment schedules for defendants who cannot afford to pay the full judgment • Refer SRL’s to Lawyer Referral and Information Services, or Bankruptcy Clinics, if they are overwhelmed with debt • Refer SRL’s to low-cost community resources, such as counseling, parenting classes and supervised visitations, pursuant to the court order • Inform SRL’s or their enforcement remedies

8. Warn Domestic Violence Victims • Remind victims that a restraining order is a tool to help law enforcement protect a victim, but that it is not guaranteed protection • Make sure victims have a safety plan to protect themselves that is not solely dependent on the DV order • Remind victims to make sure the Restraining Order gets entered into the CLETs system

9. Try to Diffuse Emotion • Focus the SRL on the broader social issue rather than on whether or not the SRL has been deemed a “good” or “bad” person • For example, explain that orders are made in the best interest of the minor, based on the information available to the court. • Explain that the law recognizes a minor’s right to have a relationship with both birth parents • Prepare the SRL’s for Custody Mediation • Inform SRL’s of the possible consequences of violation

10. Refer to Resources • Refer to support groups or other community programs that can help the party subject to the order • Refer to resource materials that can help explain the law and the reasons for the order • Provide information on where a victim can go if a DV Order is violated