DV Legal Advocate

Central California Family Crisis Center

DV LEGAL ADVOCATE

"The underlying premise of our agency services and programming is to demonstrate care, concern and compassion to those seeking assistance to create hope and strength."- Central California Family Crisis Center

01

What is domestic violence

Understanding Domestic Violence is crucial:

As a legal advocate at the Family Crisis Center, it is essential to have a clear understanding of what constitutes domestic violence. This knowledge allows us to more effectively support and empathize with the clients who come to us seeking guidance to improve their circumstances. Under California Penal Code Section 13700(b) " 'Abuse' means intentionally or recklessly causing or attempting to cause bodily injury, or placing another person in reasonable apprehension of imminent serious bodily injury to himself or herself, or another (California Penal Code 13700(a),. Domestic violence affects people of all ages, ethnicities, cultures, religions, sexual orientations, educational backgrounds, and income levels." Etc.

VAWA:

Recognizing even the smallest signs of abuse is essential to providing effective support and accurate information to domestic violence survivors who may be fearful of the consequences of speaking out. It is crucial to inform them of their legal rights and reassure them that they are protected under the law.

VAWA

(Violence Against Women Act 1994.)

The Violence Against Women Act (VAWA) is a federal law that, in part, provides housing protections for people applying for or living in units subsidized by the federal government and who have experienced domestic violence, dating violence, sexual assault, or stalking, to help keep them safe and reduce their likelihood of experiencing homelessness.

SAFETY ALWAYS COMES FIRST

If we sense victim is in critical danger, it is code to always call our hot line number/shelter (559)784-0192 or call 911. IMMEDIATELY!

-Central California Family Crisis Center-

02

HOW DO DV LEGAL ADVOCATES HELP DV VICTIMS

Note: If we are unable to assist with the Temporary Restraining Order (TRO) process, we ensure that the survivor is connected with appropriate resources. We typically refer clients to the Self-Help Center at the courthouse or to Central California Legal Services (CCLS) for further assistance.

DV VICTIM LEGAL ADVOCATE

The ultimate goal of a Domestic Violence Legal Advocate is to ensure that survivors seeking help feel supported and understood, and to remind them that they are not alone. Advocates work to empower clients by providing guidance on safely leaving abusive situations and offering moral and emotional support throughout the court process, including during the filing and hearing of a Temporary Restraining Order (TRO).

A Domestic Violence Legal Advocate is a professional who offers peer support and guidance to survivors of domestic violence. They assist clients in navigating the legal process, including helping them file for a Temporary Restraining Order (Domestic Violence Restraining Order), to ensure their safety and protection under the law.

OUR DEPARTMENT AS LEGAL ADVOCATES

Prepare DVTRO

Child Custody and Visitation Orders

Pick up and Drop off Court Documents

Court Accompaniment

File DVRO (Prepare Instruction Forms for Sheriff to serve restrained party)

What is a dvtro?

A Domestic Violence Temporary Restraining Order (DVTRO) is typically granted on a temporary basis and remains in effect until the scheduled court hearing. At that hearing, both parties have the opportunity to present evidence and testimony. Based on this information, the judge will determine whether to issue a long-term Domestic Violence Restraining Order (DVRO). A Domestic Violence Restraining Order (DVRO) can be issued against someone who has abused you or your children. Abuse may be physical or emotional and can occur in person or online. It can take many forms, including controlling access to money or basic necessities, or isolating you from friends and family.

+ INFO

Domestic Violence Temporary Restraining Order:An order for one person to temporarily stay away from another person including;

• Home, Vehicle, Work Place, School
• Protected household or family members

Continued:

Domestic Violence Temporary Restraining Order:

• We can also request an order for restrained party to move out of shared residence and the righ to record conversations.
• The TRO if granted or partly granted will typically stay in effect for 15-20 days, or until the court-hearing.
• As part of Central California Family Crisis Center we also request an order for restrained party to be mandated to take a 52 week intervention batterers program.

REQUIREMENTS FOR DVTRO

Must be DV related.

Must have dated or had an intimate relationship with

Could be towards a relative/blood related/in laws as well

For child custody, children have to be blood related to Domestic Partner.

Honesty.

Objectives

Steps to file a Restraining Order

Objective 1

Our first objective is to get to know the client in order to create a safe and supportive environment where they feel comfortable confiding in us. Establishing a sense of safety and trust is essential to building a strong rapport between the advocate and the client. This foundation allows us to better understand their individual needs and circumstances, and to provide the most appropriate and effective support."

Objective 2

Secondly, once a sense of safety and trust has been established with the client, we provide clear, step-by-step guidance on how to file for a Temporary Restraining Order (TRO). This process begins with scheduling an intake interview, during which peer counseling continues to be offered. Following the intake, we conduct a review appointment to make any necessary adjustments to the TRO before it is submitted to the court

Objective 3

We also assist clients in initiating child custody proceedings when the case involves domestic violence and a Temporary Restraining Order (TRO) is being filed. The TRO application requires several court documents compiled into a packet. After any necessary modifications, Legal Advocates submit the TRO packet to the courthouse, where a judge reviews the evidence to decide whether to grant or deny the order

Objective 4

We inform our clients that once the Temporary Restraining Order (TRO) is submitted to the court, there is typically a 2–3 day waiting period before the judge’s decision is available and the TRO can be picked up from the courthouse. After retrieving the TRO, we schedule a follow-up interview with the client to review the judge’s decision, discuss the upcoming court hearing, and provide copies of the relevant court forms, including DV-100, DV-109, and DV-110. If child custody was requested, those documents are also included, along with any additional court orders issued by the judge and instructions for serving the documents.

03

child custody and child visitation

DVTRO/CC/CV

Petitioner must have children in common with Respondent to be able to seek to file Child Custody/Visitation order, that would be attached to Request of DVTRO.

Attached to DV110 would be DV105 Request for Order (Child Custody and Visitation Order) (When Needed)

DV108; Request for Order (No Travel with Children); Can also be filed when Petitioner fears the responding party may flee with the children out of the county, state or country.

MAIN GOAL

"I Believe You" and "You are safe here" is the end goal to make DV victims feel like they are not alone.

References

Bibliography

• https://www.louisgoodman.com/blog/domestic-violence-statistics-by-state/

• https://tehama.gov/government/departments/district-attorney/victim-witness/domestic-violence/

• https://ccfamilycrisis.org/programs/

• https://www.hud.gov/vawa#close