{ Navigating the Civil Legal System Advocacy for Refugees in Idaho Christina King, MBA CPM Court Advocate Manager

{ Answering some fundamental questions for today’s workshop The Basics

{ Safety Healing Freedom What is the Women’s & Children’s Alliance?

Who does the WCA serve?

{ The intentional use of abusive tactics and/or physical force in order to obtain and maintain power and control over an intimate partner, a family member, or a friend. Physical, emotional, verbal, sexual, financial What is Abuse?

{ Support Education Accompaniment Clarification Coordination of Services Legal Referrals What is a court advocate?

{{ Criminal Law Civil Law What is the difference?

{ Idaho Civil Law Domestic Violence Protection Orders

Idaho Protective Orders No Contact Order Criminal Condition of Bond Terms vary. Restraining Order No Criminal charges immediately attached. Fee Forms not readily available. Attorney recommended. Protection Order Civil No Fee No Attorney Protection for up to 1 year. Based on narrow statute.

Created by legislature in 1988 Created by legislature in ◦ Purpose: to address domestic violence as a serious crime against society and to assure the victims of domestic violence the protection from abuse which the law and those who enforce the law can provide. ◦ Intent: to expand the ability of the courts to assist victims by providing a legal means for victims to seek protection orders to prevent such further incidents of abuse. Domestic Violence Crime Prevention Act (Idaho Code 63)

{{ Domestic Relationship Married or previously married Child in common Reside or formerly resided together Related by blood, adoption, or marriage Current or former dating relationship **Includes same sex couples Recent Act or Threat of Violence Physical injury Sexual abuse Forced Imprisonment Protection Order Criteria

Victim Files Petition Exparte Hearing Dismissed ResetGranted14 Day hearingDismissedGranted Assistance with Petition WCA Orientation WCA Call/Follow Up WCA Referral to ILAS/IVLP Attorney

Issues Not Covered By Protection Orders Emotional Abuse Emotional Abuse Stalking Stalking Harassment Harassment Trespassing Trespassing Malicious Injury to Property Malicious Injury to Property Child Endangerment Child Endangerment Neglect Neglect Kidnapping Kidnapping Threats to take children or get someone arrested Threats to take children or get someone arrested

{{ Cassie’s Law Domestic Violence In Dating Relationships Minors (Age 17 & Younger)

 Temporary custodial or visitation arrangements may be determined.  Final order may be in place for up to one year (Idaho Hope Card).  Victims should keep a copy of their order on them at all times and at all protected addresses.  The victim should report all violations to the police.  Violation of a protection order is a misdemeanor, punishable up to one year in jail and/or $5,000 fine.  He/she can motion to have the order modified, renewed or terminated.  A victim is entitled to having simultaneous orders of protection (i.e. NCO and PO)** Additional Information

{ Idaho Civil Law Filing for Divorce and/or Custody

Hire an Attorney Hire a Mediator Utilize a Form Shop Court Assistance Forms Initiating the Process…

File Complaint OR Joint Petition Serve Affidavit OR Acknowledgment Answer & Counterclaim Respond or Wait Court Hearings Begin Finalize Default OR Stipulation Trial Remember…it is a process.

{ In the Courts Interpreters

{ Idaho Law guarantees that if “any witness or party does not understand or speak the English language, or who has a physical handicap which prevents him from fully hearing or speaking the English language, then the court shall appoint a qualified interpreter to interpret the proceedings to and the testimony of such witness or party.” Idaho Code Section 9-205

Impartial Simultaneous & Consecutive Interpretation Sight Translation Interpret Accurately & Idiomatically Interpreters in the Courts

Prepare Ask Questions Bring Support Things to Remember

{ To foster a community where individuals thrive in safe, healthy relationships Safety, Healing, & Freedom