Working with Victims of Domestic Violence as a Public Interest Lawyer Monica Bogucki, BSW, JD Copyright 2018

Many different types of abuse Physical abuse Threats of physical abuse Sexual abuse, rape Abuser is in complete control over finances Abuser isolates and manipulates the victim Using children to keep victim in the relationship Shame and verbal abuse, mental abuse

Many different cycles of abuse Power and Control Wheel

Dangerous times Most dangerous time is when the victim is preparing to leave or leaving. A victim may try to leave numerous times before successful Everything is a weapon for an abuser, money, children, words, fists, actual weapons, isolation and using a client’s mental health history against her.

Listen, Listen, Listen Take the time to find out what your client is telling you. Your client is the expert on the particular cycle of abuse and the abuser. Is your client in denial? Is your client aware of the danger in their relationship?

Mental health counselors for the victim Develop a multi-disciplinary network of professionals to work with your client Doctors Lawyers Mental health counselors for the victim Mental health counselors for the children-impact of witnessing domestic violence Depression, anxiety, PTSD Acting outing in school Does the child need an Individual Education Plan (IEP) or a 504 Plan for Mental Health

Multi-disciplinary issues If you client is receiving Minnesota Family Investment Plan (MFIP) cash benefits, does your client have an approved Family Violence Waiver An approved Family Violence Waiver stops the five year time clock for MFIP benefits Does your client have immigration issues? Can your client improve their immigration status through Violence Against Women Act (VAWA), U Visa, T Visa

Multi-disciplinary issues How has the domestic violence issues affected their rental history and ability to secure other housing? Public interest attorneys need to become familiar with Emergency shelters, particularly those that specialize in domestic violence Transitional Housing Safe mail box Safe Homes http://www.americanbar.org/content/dam/aba/migrated/domviol/docs/StandardsofPracticeCommentary82407.authcheckdam.pdf

Resources Tips on lawyers working with clients experiencing domestic violence •http://www.americanbar.org/content/dam/aba/migrated/domviol/docs/StandardsofPracticeCommentary82407.authcheckdam.pdf The following information is from “Representing Domestic Violence Survivors Who are Experiencing Trauma and Other Mental Health Challenges: A Handbook for Attorneys, www. Nationalcenterdvtraumamh.org/publications-products/attorneys-handbook/

“Be Aware of the Signs of Trauma” “The client does not talk about her experience(s) in a linear manner. She may go off on tangents or her speech may not seem coherent.” “What would seem to be highly emotional facets of her experience are expressed with little emotion both in terms of facial expression and body language, and in termsdof the tone of her voice (sometimes referred to as “flat affect”).” “The client develops a deep, blank stare or an absent look during meetings with her; this could be a sign that she is dissociating.” “The client is unable to remember key details of the abuse.”

Lawyers must: “Gain an understanding of the ways in which this client’s challenges impact her ability to engage in the advocacy process, and Tailor interviewing and counseling approaches to meet the needs of a maximize the self-determination of each individual client.”

Informed Consent Use a process which ensures that the client understands legal choices and pros and cons

Understanding your client Become familiar with your clients mental health diagnosis/diagnoses Recognize your client’s “triggers”; can be familiar to PTSD

Client counseling It is a partnership with your client Take the time necessary to gather information; do not rush this process Use open ended questions “analyzing the risks” “reviewing previous/current safety plans,” and “devising legal strategies.”

Legal issues Criminal-do not contact orders End when the criminal case ends Order for Protection-Civil Family Court Dissolution of Marriage Paternity Custody Issues

Legal Issues •Public Benefits MFIP-Family Violence Waiver Social Security Disability Retirement, Survivors, Disability Insurance (RSDI) Supplemental Security Income (SSI)

Legal Issues Improving immigration status Verifying citizenship Violence Against Women’s Act U Visa T Visa

“Attorney Self-Assessment” “Do I have the desire, patience, temperament needed to advocate for survivors who are struggling with trauma and mental health challenges.” “Do I have the skills needed to support survivors when they find themselves triggered by the legal advocacy process?” “If I don’t personally possess all of those skills, who can I collaborate with to ensure that my client is getting the accommodations and support that she needs to fully participate in the process?”

Trauma Informed Interviewing Develop your skills in Trauma Informed Interviewing and Client Counseling.