DEVELOPING STRATEGIES TO INCREASE COMPLIANCE WITH COURT ORDERS Presented by Tina Rasnow and Jodi Prior, Self-Help Legal Access Center, Ventura County Superior Court

Drafting the Order Use plain and simple language Avoid legalese Keep sentences short Include specific instructions Avoid ambiguities Address the issues decided by the judge Get clarification from the court if needed, before drafting the order Same strategies for Stipulation & Order

Explaining the Order Make sure the SRL understands the order Explain the possible consequences of violating the order Ask the SRL if s/he has any questions about the order Ask the SRL if s/he needs assistance in complying with the order, and make appropriate referrals to such assistance

Orders for LEP Litigants Provide translated copy of order Go through the same explanation and review as for English speaking litigants, but include additional explanations as may be warranted to be culturally relevant to the litigant Make sure probation orders are provided to the defendant in his/her language

Explain Opportunities to Request Modification of Orders Explain how orders may be modified in certain circumstances when people’s situation changes Remind SRL that s/he can return to court to request modification in the future as appropriate Inform SRL of the legal standard that must be met to modify orders

Provide Tools to Assist With Compliance Check lists can help SRL’s to comply with court orders For example, checklist called “Personal Action Plan to Regain Child Custody” Show SRL’s the law that supports the order if they are questioning its basis Explain the rationale behind the law if necessary

Explain Options Provide fill-in-the-blank forms and instructions for motions to convert judgments to payment schedules for defendants who cannot afford to pay the full judgment Refer SRL’s to Lawyer Referral and Information Services, or Bankruptcy Clinics, if they are overwhelmed with debt Refer SRL’s to low-cost community resources, such as counseling, parenting classes and supervised visitations, pursuant to the court order Inform SRL’s or their enforcement remedies

Warn Domestic Violence Victims Remind victims that a restraining order is a tool to help law enforcement protect a victim, but that it is not guaranteed protection Make sure victims have a safety plan to protect themselves that is not solely dependent on the DV order Remind victims to make sure the Restraining Order gets entered into the CLETs system

Try to Diffuse Emotion Focus the SRL on the broader social issue rather than on whether or not the SRL has been deemed a “good” or “bad” person For example, explain that orders are made in the best interest of the minor, based on the information available to the court. Explain that the law recognizes a minor’s right to have a relationship with both birth parents Prepare the SRL’s for Custody Mediation Inform SRL’s of the possible consequences of violation

Refer to Resources Refer to support groups or other community programs that can help the party subject to the order Refer to resource materials that can help explain the law and the reasons for the order Provide information on where a victim can go if a DV Order is violated