Judge Mary Arand Santa Clara County Superior Court Sharon Bashan, J.D. Pro Bono Project Nancy...

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

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

Problems with service

Dropping orders

Modifying orders

Presenting their cases

Victim safety at court / when leaving court

Concurrent Criminal CasesCCPOR

Filing responses

Relinquishment of guns

Understanding the court ordered restraints

Leaving the vicinity of the Court

Use of Alternative Dispute Resolution

Non IPV cases

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

ConceptFill gaps in servicesPromote safety

Staffing – MSW InternsRole of MSW internsConfidentialityNeutralityBridging with a wide array of resourcesClinical skill

TrainingDV basicsSafety planningCustomers – InternsWorking with only one partyMandated reportingOverview of Courts

Family, Criminal, Dependency In-depth understanding of Family Court

Immersion Training

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

Child abuse / elder abuse

Drug and Alcohol concerns / Mental Health concerns

When the Petitioner is the dominant aggressor

Non IPV cases

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

Why?De-escalationClarification of ordersClarification of options

Referrals to DVLSR

Other referrals

Accompaniment to FCS or SHC

When the respondent is the victim

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

“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

1) Meet with Client2) 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.

12-15 hours over a few weeksClient counselling

Phone or in-personPreparation

Working with mentor Phone, email, in-person

1-2 hearings in Family Court Addressing limited issues RO, interim custody, visitation,

support, paternity

INTAKE: Petitioner Intake

REFERRAL: Petitioners screened and referred to DVLSR

PLACEMENT #1: Petitioner placement with DVLSR attorney

1st HEARING: Respondent obtains continuance, DVLSR referral info

PLACEMENT #2: Respondent placement with DVLSR attorney

SUBSEQUENT HEARINGS: Both have DVLSR representation

AFTERCARE: Orders obtained, attorneys provide aftercare then sub out

Judge Arand marand@scscourt.org

Sharon Bashan sbashan@probonoproject.org

Nancy Marshall nmarshall@dvintervention.org