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

Court The 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

Court The Concerns: Petitioners Problems with service Dropping orders Modifying orders Presenting their cases Victim safety at court / when leaving court

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

court SPECIAL CONSIDERATIONS Use of Alternative Dispute Resolution Non IPV cases

court community 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

Dvic domestic 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

Dvic domestic 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

dvic Working 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

dvic Working with petitioners… Child abuse / elder abuse Drug and Alcohol concerns / Mental Health concerns When the Petitioner is the dominant aggressor Non IPV cases

dvic Case management services Safety planning Housing Food High risk / high lethality markers Immigration Mental health Substance abuse Respondent non-compliance

dvic Working 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

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

Pro bono project Benefits 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

Pro bono project DVLSR 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.

Pro bono project Typical 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

Pro bono project DVLSR Procedural Overview

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