DVLSR DVLSR: Legal Representation for Both Sides of the DV Family Fariba Soroosh, Family Law Facilitator, Santa Clara County Julie Saffren, Esq.

What is DVLSR A collaborative model to bring volunteer attorneys and certified law students into Family Court If a party meets the financial eligibility requirements, they may get an attorney in restraining order matters…whether they are Petitioner or Respondent Attorneys and law students are trained in DV and have “real time” mentoring by experienced mentor attorneys

DVLSR Collaborators Pro Bono Project of Silicon Valley Next Door Solutions to Domestic Violence Members of the Santa Clara County Bar Santa Clara University & Lincoln Law School ….with key assistance from Santa Clara County Superior Court  Hon. Mary Ann Grilli  Fariba Soroosh, Family Law Facilitator

DVLSR Funders Santa Clara County Bar Association’s Family Law Executive Committee FIRST 5 Blue Shield Foundation Donors to Pro Bono Project of Silicon Valley Blue Shield’s significant funding was based on the fact DVLSR assists both sides of the DV conflict

Courts support this model The Judicial Council’s Domestic Violence Practice and Procedure Task Force issued Draft Guidelines and Recommended Practices for Improving the Administration of Justice in DV Cases in January 2007 DVPA Orders Guideline #4, Legal Services “Each court should…explore options with the bar and other agencies to foster increased representation to both parties in domestic violence restraining order cases”.

Benefits of DVLSR “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

Risks and concerns Some Legal Services or DV agencies do not agree with providing an alleged abuser with an attorney  “handing the abuser another tool to re-victimize the victim” Any Legal Services agency that speaks to both sides has to carefully avoid conflicts of interest Courts cannot appear to favor any particular program  But DVLSR really needs the court’s help in connecting litigants to our information

The Model APPLICATION: at DV Agency or through the Court REFERRAL: Agency or court- supplied information; then the party contacts Pro Bono Project PLACEMENT: After intake with PBP, placement with DVLSR attorney (generally Petitioners obtain placement first) 1st HEARING: Petitioner is represented by volunteer; Respondent obtains continuance and DVLSR referral info is provided PLACEMENT #2: Respondent placement with DVLSR attorney SUBSEQUENT HEARINGS: ideally both have DVLSR representation AFTERCARE: Orders obtained, attorneys provide aftercare, then sub out

Making a Difference DVLSR fills an important gap in the services available to the families affected by domestic violence Since court orders may be long- term, DVLSR enhances overall care management service delivery  Safety  Comprehension  Stability  Resource referrals

What We’ve Learned Recruiting: harder than we thought! Collaboration requires representation from all players RO process is very procedural; court involvement is important Respondent representation presents unique challenges You can't do it all with volunteers; some funding was crucial

Ideas to inspire you to provide neutral services Look to your local Bar, DV agencies, legal services providers and law schools  Start small: consider providing non- attorney resource specialists Offer Petitioner/Respondent workshops Order After Hearing translators using community volunteers or students “Attorney for the day” using limited scope DV Compliance review calendars using volunteer attorneys as pro tems