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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
