1. Eve Sheedy Moderator Los Angeles City Attorney’s Office
Preventing and Addressing Homelessness
A Legal Services Approach for Domestic Violence Survivors
Eve Sheedy Moderator
Los Angeles City Attorney’s Office
Amy Goldman
Neighborhood Legal Services of Los Angeles County
Marci Fukuroda
Rainbow Services, Ltd.

2. DV Survivors who seek help for abuse face a multitude of legal issues that can place them at risk of homelessness.
Appropriate legal action can help prevent this risk and promote long-term housing stability.

3. Why Call the Police
DV survivors who report domestic violence to police and cooperate with law enforcement authorities may be eligible for victim compensation benefits, immigration relief and crime victim rights.

4. Why Call the Police: Victim Compensation
Eligibility:
Victim of DV, sexual assault or other specified crimes
CA resident or crime occurred in CA
Reasonable cooperation with law enforcement
No other source of reimbursement (i.e. insurance, restitution, worker’s compensation, etc.)
Family members may be eligible (parent, grandparent, sibling, spouse/fiancé, child who witnessed DV)

5. Why Call the Police: Victim Compensation
Covers relocation expenses, home security improvements, lost wages, counseling, medical expenses, transportation to appointments
Must be filed within 3 years of the crime, when crime could have been discovered or victim’s 18th birthday
Does not cover expenses incurred while incarcerated, on probation, parole or community supervision for a violent felony
Cannot benefit the perpetrator of the crime

6. Why Call the Police: U Visas
Intended to make communities safer by encouraging undocumented individuals to report crimes to law enforcement
Must be a victim of DV, sexual assault or other specified crime
Requires cooperation with law enforcement authorities that investigate and/or prosecute the crime

7. Why Call the Police: U Visas
Eligible for public assistance upon filing U Visa application
Issued a work permit upon approval of U Visa (or when placed on waitlist for a U Visa if economic need)
Work permit provides basis for employment, SSN and driver license

8. Why Call the Police: Other Potential Legal Relief
Police reports and criminal court documents are important evidence when a survivor seeks legal relief after abuse
Violence Against Women Act self-petitions
Domestic violence restraining orders
Child custody disputes

9. Why Call the Police: Crime Victims’ Rights
Victims’ Bill of Rights
Right to:
Be free from intimidation and abuse throughout the CJ process
Restitution
Reasonable notice of court proceedings
Reasonable notice of and reasonable right to confer about certain prosecutorial decisions
Prevent disclosure of confidential information to defendant or defendant’s attorney/representative

10. Why Call the Police: Challenges to Cooperation and Abuser Accountability
Victims who are homeless or who enter a DV shelter can easily become disconnected from law enforcement, prosecutors and the court system
Abusers who are homeless are difficult to arrest and locate for service of process in criminal and civil cases

11. How Can a Survivor Safely Remain in the Home?
Legal protections can help ensure that a survivor is able to continue living safely in their home.

12. Remaining in the Home: Residence Exclusion Orders
The protected party can obtain an emergency order to kick the abuser out of the home.
The abuser can be kicked out even if they are on the lease with the protected person, the only person on the lease or own the home.

13. Remaining in the Home: Public Housing & Section 8
The Violence Against Women Act (VAWA) prohibits public housing authorities from denying admission to any person simply because s/he has been a DV victim
Leases must state that domestic violence is not good cause for evicting the victim
Project-based Section 8 landlords, or landlords that accept Section 8 vouchers can evict an abuser, but still allow the rest of the household to remain

14. Leaving the Home
While legal protections can help survivors leave a home they share with an abuser, survivors with children face significant relocation challenges

15. Domestic Violence Lease Law
DV survivors may end their lease early without the usual penalties associated with breaking a lease to escape abuse.
Only need 14 days’ notice before the lease can end.
Survivor must provide proof of the domestic violence.

16. Leaving the Home: DV Shelter Policies
Some DV shelters:
Require survivors to leave their job or school, give up their cell phone, refrain from internet/social media activity, etc.
Do not accept older male children, adult children and household members, pets, etc.
Will immediately transfer a survivor to another agency when safety concerns arise

17. Leaving the Home: Parental Kidnapping Protections
It is unlawful to conceal a child from the other parent or deprive other parent of custody
“Good Cause Exception” for parents who flee to a confidential location because of DV
Must file Good Cause form with the DA within 10 days and file for custody of the child within 30 days

18. Leaving the Home: Child Custody Relocation Restrictions
Once legal action is filed, both parents are prohibited from taking the child out of state
It can be hard to get protective and custody orders when fleeing from one state to another
It is very difficult for a survivor to move with their child to another county or state

19. Obtaining a Restraining Order
Orders issued as part of a Domestic Violence Restraining Order can address and prevent a survivor’s risk of homelessness

20. Obtaining a DV Restraining Order
Stay Away
No Contact
Child Custody/
Visitation
Child/Spousal Support
Move Out Order
Pets/Animals
Recording Unlawful Communications
Property Control
Property Restraint
Debt Payment
Restitution
Attorney’s Fees
Batterer Intervention
Firearms Restrictions
Confidentiality of Address and Identifying Info
Other Orders

21. Achieving Financial Stability
Most DV survivors are economically dependent on their abusers and need immediate and ongoing financial assistance when they leave the relationship

22. Achieving Financial Stability: Public Benefits and Child Support
Potential Government Benefits:
CalWORKs
General Relief
SSI/SSDI
CalFresh
Child Support:
Enforcement
Assignment of right to Government

23. Achieving Financial Stability: Employment Protections
Cannot discharge, discriminate or retaliate against employee:
All Employers
For taking time off to obtain legal relief (e.g. DVRO)
Because of status as a DV victim
Must provide reasonable accommodations
Employers with 25 or more employees:
For taking time off to seek medical attention, counseling, or services from a DV agency, or to engage in safety planning activities (e.g. temporary relocation)

24. Protecting Confidentiality
Confidentiality is often critical for survivors when they seek help for abuse as unauthorized disclosures about a survivor’s identity and location can place that person and their family members at risk of harm.

25. Confidentiality: Legal Privileges
Domestic Violence Counselor-Victim Privilege
Sexual Assault Counselor-Victim Privilege
Human Trafficking Counselor-Victim Privilege
Attorney-Client Privilege
Psychotherapist- Patient Privilege
Protect a survivor’s confidential information from being disclosed publicly and in criminal, civil, administrative and other legal proceedings without consent

26. Other Confidentiality Protections for DV Survivors
State and federal laws prohibit victim service providers from disclosing personally identifying information about DV, SA, dating violence and stalking victims without consent
Safe at Home address confidentiality program
Family court orders can be designed to prevent the disclosure of a shelter or other confidential address where the victim resides
Caution: A survivor’s confidentiality may be placed at risk when they seek services with a general homelessness service provider

27. Accessing Community Resources
There are many community-based resources that can help DV survivors protect their rights and achieve long-term safety and stability.

28. Criminal Justice Resources
Victim compensation programs
Victim advocates
(court accompaniment/
orientation, restitution assistance, case status notification, etc.)
Homeless Citation Clinics

29. Domestic Violence Resources
24-hour Hotlines
Emergency shelters
Transitional housing
Counseling/
support groups
Advocacy with public agencies
Court accompaniment
Housing placement assistance
Emergency food, clothing and financial assistance
Employment assistance
Crisis intervention
Safety planning

30. Legal Resources: Services, Challenges and Limitations
Agencies providing free legal services may assist with:
Obtaining restraining orders
Child custody and visitation
Housing advocacy (eviction defense, protecting Section 8 vouchers, reasonable accommodations)
Immigration
Many agencies have funding restrictions and limited resources
Legal services cannot meet the overwhelming need of survivors

31. Group Exercise: Hypos