1. A Collaborative Approach to holistically addressing legal and social services needs for self represented litigants seeking or opposing restraining orders
Judge Mary Arand
Santa Clara County Superior Court
Sharon Bashan, J.D.
Pro Bono Project
Nancy Marshall, L.M.F.T.
Domestic Violence Intervention Collaborative

2. Court The concerns Domestic Violence Law and Motion Calendar
97% of domestic violence cases start with no attorney
5% or so hire an attorney
Most have an attorney on one side only
80% of victims appear unaccompanied by an Advocate

3. Court The Concerns: Petitioners
Problems with service
Dropping orders
Modifying orders
Presenting their cases
Victim safety at court / when leaving court

4. court The concerns: respondents
Concurrent Criminal Cases
CCPOR
Filing responses
Relinquishment of guns
Understanding the court ordered restraints
Leaving the vicinity of the Court

5. court SPECIAL CONSIDERATIONS
Use of Alternative Dispute Resolution
Non IPV cases

6. court community Resources
FIRST 5 Santa Clara County
Victim Witness / Assistance
Shelter based domestic violence agencies
Advocates
Resource Specialists
Domestic Violence Intervention Collaborative
Legal resources
DVLSR – Pro Bono Project

7. Dvic domestic violence specialists
Concept
Fill gaps in services
Promote safety
Staffing – MSW Interns
Role of MSW interns
Confidentiality
Neutrality
Bridging with a wide array of resources
Clinical skill

8. Dvic domestic violence specialists
Training
DV basics
Safety planning
Customers – Interns
Working with only one party
Mandated reporting
Overview of Courts
Family, Criminal, Dependency
In-depth understanding of Family Court
Immersion Training

9. dvic Working with petitioners
Connecting with the Customer
General support
Safety planning
During hearings and after court
Bridging with resources at Court
Bridging with DVLSR / Pro Bono Project
Addressing Specific Concerns
Requests to drop orders
High risk cases
Non IPV cases

10. dvic Working with petitioners…
Child abuse / elder abuse
Drug and Alcohol concerns / Mental Health concerns
When the Petitioner is the dominant aggressor
Non IPV cases

11. dvic Case management services
Safety planning
Housing
Food
High risk / high lethality markers
Immigration
Mental health
Substance abuse
Respondent non-compliance

12. dvic Working with respondents
Why?
De-escalation
Clarification of orders
Clarification of options
Referrals to DVLSR
Other referrals
Accompaniment to FCS or SHC
When the respondent is the victim

13. Pro bono project
DVLSR is a collaborative project, bringing volunteer attorneys and certified law students into Family Court DV matters.
If financially eligible, parties may get a free attorney in restraining order matters.
Attorneys and law students are trained in DV
“Real time” mentoring by experienced mentor attorneys
Limited scope representation

14. Pro bono project Benefits of Legal Representation
“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

15. Pro bono project DVLSR Pro Bono Attorney Duties
1) Meet with Client
2) Attend Hearing(s) – (Typically 1-2)
3) Aftercare – Attorneys for both sides will focus on comprehension of the court-ordered next steps for each party. The Respondent’s attorney will also focus on acceptance of orders (especially if the Respondent feels he/she got a raw deal), how violence is bad for children, etc. Attorneys will work with DVIC interns to provide necessary referrals.

16. Pro bono project Typical time commitment
12-15 hours over a few weeks
Client counselling
Phone or in-person
Preparation
Working with mentor
Phone, , in-person
1-2 hearings in Family Court
Addressing limited issues
RO, interim custody, visitation, support, paternity

17. Pro bono project DVLSR Procedural Overview

18. Questions ??? Judge Arand marand@scscourt.org Sharon Bashan
Nancy Marshall