1. { Navigating the Civil Legal System Advocacy for Refugees in Idaho Christina King, MBA CPM February 11, 2014

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

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?

7. { Support Education Accompaniment Clarification Coordination of Services Legal Referrals Victim Witness Coordinator vs. WCA Court Advocate What is a court advocate?

8. {{ Criminal Law Civil Law What is the difference?

9. Protection Orders Divorce & Custody Small ClaimsLandlord/Tenant Guardianship

10. { Idaho Civil Law Domestic Violence Protection Orders

11. Idaho Protective Orders No Contact Order Criminal Condition of Bond Terms vary. Restraining Order No Criminal charges immediately attached. Fee Forms not readily available. Attorney recommended. Protection Order Civil No Fee No Attorney Protection for up to 1 year. Based on narrow statute.

12. Created by legislature in 1988 Created by legislature in 1988 39-6302 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)

13. {{ Domestic Relationship 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 Recent Act or Threat of Violence Physical injury Sexual abuse Forced Imprisonment Protection Order Criteria

14. Victim Files Petition Exparte Hearing Dismissed ResetGranted14 Day hearingDismissedGranted Assistance with Petition WCA Orientation WCA Call/Follow Up WCA Referral to ILAS/IVLP Attorney Potential Referral

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

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

17.  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

18. Violence Against Women Act: Full Faith & Credit

19. { Idaho Civil Law Filing for Divorce and/or Custody

20. Hire an Attorney Hire a Mediator Utilize a Form Shop Court Assistance Forms Initiating the Process…

21.  Adultery  Extreme cruelty  Willful desertion  Willful neglect  Habitual intemperance  Conviction of felony  When either the husband or wife has become permanently insane  Irreconcilable differences.** I.C. §32-603. CAUSES FOR DIVORCE. I.C. §32-603. CAUSES FOR DIVORCE.

22. File Complaint OR Joint Petition Serve Affidavit OR Acknowledgment Answer & Counterclaim Respond or Wait Court Hearings Begin Finalize Default OR Stipulation Trial Remember…it is a process.

23. I.C.§32-717 Custody of Children— Best Interest  The wishes of the child's parent or parents  The wishes of the child  The interaction and interrelationship of the child with parent(s) and siblings  The child's adjustment to home, school, and community  The character and circumstances of all individuals involved  The need to promote continuity and stability  Domestic violence whether or not in the presence of the child

24. Family Systems Approach  The idea: the family unit endures even after divorce.  Court Provisions to assist with encouraging co-parenting.  Mediation  Couples Counseling  Custody Evaluations

25. { In the Courts Interpreters

26. { 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

27. Impartial Simultaneous & Consecutive Interpretation Sight Translation Interpret Accurately & Idiomatically Interpreters in the Courts

28. Prepare Ask Questions Bring Support Things to Remember when Participating in Court Processes

29. {  Explain the process & available options.  Assist with understanding & organizing pro se paperwork.  Provide an appointment with a volunteer attorney.  Referrals  Accompany client to court.  Service Coordination What can the WCA & Court Advocacy do to help?

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