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A Collaborative Approach to holistically addressing legal and social services needs for self represented litigants seeki

A Collaborative Approach to holistically addressing legal and social services needs for self represented litigants seeking or opposing restraining orders. Judge Mary Arand Santa Clara County Superior Court Sharon Bashan, J.D. Pro Bono Project Nancy Marshall, L.M.F.T.

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A Collaborative Approach to holistically addressing legal and social services needs for self represented litigants seeki

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  1. A Collaborative Approach to holistically addressing legal and social services needs for self represented litigants seeking or opposing restraining orders Judge Mary Arand Santa Clara County Superior Court Sharon Bashan, J.D. Pro Bono Project Nancy Marshall, L.M.F.T. Domestic Violence Intervention Collaborative

  2. CourtThe concerns • Domestic Violence Law and Motion Calendar • 97% of domestic violence cases start with no attorney • 5% or so hire an attorney • Most have an attorney on one side only • 80% of victims appear unaccompanied by an Advocate

  3. CourtThe Concerns: Petitioners • Problems with service • Dropping orders • Modifying orders • Presenting their cases • Victim safety at court / when leaving court

  4. courtThe concerns: respondents • Concurrent Criminal Cases • CCPOR • Filing responses • Relinquishment of guns • Understanding the court ordered restraints • Leaving the vicinity of the Court

  5. courtSPECIAL CONSIDERATIONS • Use of Alternative Dispute Resolution • Non IPV cases

  6. courtcommunity Resources • FIRST 5 Santa Clara County • Victim Witness / Assistance • Shelter based domestic violence agencies • Advocates • Resource Specialists • Domestic Violence Intervention Collaborative • Legal resources • DVLSR – Pro Bono Project

  7. Dvicdomestic violence specialists • Concept • Fill gaps in services • Promote safety • Staffing – MSW Interns • Role of MSW interns • Confidentiality • Neutrality • Bridging with a wide array of resources • Clinical skill

  8. Dvicdomestic violence specialists • Training • DV basics • Safety planning • Customers – Interns • Working with only one party • Mandated reporting • Overview of Courts • Family, Criminal, Dependency • In-depth understanding of Family Court • Immersion Training

  9. dvicWorking with petitioners • Connecting with the Customer • General support • Safety planning • During hearings and after court • Bridging with resources at Court • Bridging with DVLSR / Pro Bono Project • Addressing Specific Concerns • Requests to drop orders • High risk cases • Non IPV cases

  10. dvicWorking with petitioners… • Child abuse / elder abuse • Drug and Alcohol concerns / Mental Health concerns • When the Petitioner is the dominant aggressor • Non IPV cases

  11. dvicCase management services • Safety planning • Housing • Food • High risk / high lethality markers • Immigration • Mental health • Substance abuse • Respondent non-compliance

  12. dvicWorking with respondents • Why? • De-escalation • Clarification of orders • Clarification of options • Referrals to DVLSR • Other referrals • Accompaniment to FCS or SHC • When the respondent is the victim

  13. Pro bono project • DVLSR is a collaborative project, bringing volunteer attorneys and certified law students into Family Court DV matters. • If financially eligible, parties may get a free attorney in restraining order matters. • Attorneys and law students are trained in DV • “Real time” mentoring by experienced mentor attorneys • Limited scope representation

  14. Pro bono projectBenefits of Legal Representation • “Family-centric” orders • Improved comprehension of court orders and the court process • Reduces need for future law enforcement intervention • Improved access to services • Reduction in economic instability • Containment of violence

  15. Pro bono projectDVLSR Pro Bono Attorney Duties 1) Meet with Client 2) Attend Hearing(s) – (Typically 1-2) 3) Aftercare – Attorneys for both sides will focus on comprehension of the court-ordered next steps for each party. The Respondent’s attorney will also focus on acceptance of orders (especially if the Respondent feels he/she got a raw deal), how violence is bad for children, etc. Attorneys will work with DVIC interns to provide necessary referrals.

  16. Pro bono projectTypical time commitment • 12-15 hours over a few weeks • Client counselling • Phone or in-person • Preparation • Working with mentor • Phone, email, in-person • 1-2 hearings in Family Court • Addressing limited issues • RO, interim custody, visitation, support, paternity

  17. Pro bono projectDVLSR Procedural Overview

  18. Questions ??? Judge Arand marand@scscourt.org Sharon Bashan sbashan@probonoproject.org Nancy Marshall nmarshall@dvintervention.org

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