1 / 23

Navigating the Civil Legal System

Navigating the Civil Legal System. Advocacy for Refugees in Idaho. Christina King, MBA CPM Court Advocate Manager. The Basics. Answering some fundamental questions for today’s workshop. Safety Healing Freedom . What is the Women’s & Children’s Alliance?. Who does the WCA serve?.

pancho
Download Presentation

Navigating the Civil Legal System

An Image/Link below is provided (as is) to download presentation Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author. Content is provided to you AS IS for your information and personal use only. Download presentation by click this link. While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server. During download, if you can't get a presentation, the file might be deleted by the publisher.

E N D

Presentation Transcript

  1. Navigating the Civil Legal System Advocacy for Refugees in Idaho Christina King, MBA CPM Court Advocate Manager

  2. The Basics Answering some fundamental questions for today’s workshop

  3. Safety Healing Freedom What is the Women’s & Children’s Alliance?

  4. Who does the WCA serve?

  5. The intentional use of abusive tactics and/or physical force in order to obtain and maintain power and control over an intimate partner, a family member, or a friend. Physical, emotional, verbal, sexual, financial What is Abuse?

  6. Support Education Accompaniment Clarification Coordination of Services Legal Referrals What is a court advocate?

  7. Criminal Law Civil Law What is the difference?

  8. Domestic Violence Protection Orders Idaho Civil Law

  9. Idaho Protective Orders

  10. Created by legislature in 1988 • 39-6302 • Purpose: to address domestic violence as a serious crime against society and to assure the victims of domestic violence the protection from abuse which the law and those who enforce the law can provide. • Intent: to expand the ability of the courts to assist victims by providing a legal means for victims to seek protection orders to prevent such further incidents of abuse. Domestic Violence Crime Prevention Act (Idaho Code 63)

  11. Domestic Relationship Recent Act or Threat of Violence Physical injury Sexual abuse Forced Imprisonment • Married or previously married • Child in common • Reside or formerly resided together • Related by blood, adoption, or marriage • Current or former dating relationship **Includes same sex couples Protection Order Criteria

  12. Assistance with Petition WCA Orientation WCA Call/Follow Up WCA Referral to ILAS/IVLP Attorney

  13. Emotional Abuse • Stalking • Harassment • Trespassing • Malicious Injury to Property • Child Endangerment • Neglect • Kidnapping • Threats to take children or get someone arrested Issues Not Covered By Protection Orders

  14. Cassie’s Law Domestic Violence In Dating Relationships Minors (Age 17 & Younger)

  15. Temporary custodial or visitation arrangements may be determined. • Final order may be in place for up to one year (Idaho Hope Card). • Victims should keep a copy of their order on them at all times and at all protected addresses. • The victim should report all violations to the police. • Violation of a protection order is a misdemeanor, punishable up to one year in jail and/or $5,000 fine. • He/she can motion to have the order modified, renewed or terminated. • A victim is entitled to having simultaneous orders of protection (i.e. NCO and PO)** Additional Information

  16. Filing for Divorce and/or Custody Idaho Civil Law

  17. Initiating the Process…

  18. Remember…it is a process.

  19. Interpreters In the Courts

  20. Idaho Law guarantees that if “any witness or party does not understand or speak the English language, or who has a physical handicap which prevents him from fully hearing or speaking the English language, then the court shall appoint a qualified interpreter to interpret the proceedings to and the testimony of such witness or party.” Idaho Code Section 9-205

  21. Interpreters in the Courts

  22. Things to Remember

  23. To foster a community where individuals thrive in safe, healthy relationships Safety, Healing, & Freedom

More Related