2011 Legal Network E-book by Alliance for HOPE International

Family Justice Center Legal Network E-book

TABLE OF CONTENTS Introduction Introduce the staff position funded by the grant Client Story Grant Requirements and Objectives Deliverables and Accomplishments Statistics Client Story Conclusion Client Testimony

INTRODUCTION The National Family Justice Center is proud to submit a 1 year report for January 1 through December 31, 2011. This report covers most of the exciting developments of the Family Justice Center Legal Network ("Legal Network"). The Community Block Development Grant's ("CDBG") funding has played a key role in the rapidly developing Family Justice Center movement and vision for a comprehensive legal assistance program for victims of domestic violence and their children. With CDBG funding, the Legal Network has been able to continue its staff and legal intern capacity to meet the growing number of clients in need of legal services within the City of San Diego (population 1.3 million) and to serve as a model for other communities across the United States. In July 2009, Casey Gwinn, Gael Strack and Alexia Peters created the Legal Network with 72 hours notice and began providing services at the San Diego Family Justice Center ("SDFJC"). This project began at the request of the SDFJC which had no restraining order clinic available to clients at that time. The Legal Network has been able to maintain its programs and services and is operated by Alexia Peters (Managing Attorney). She has continued to recruit law students and interns to provide legal services to an average of 70 clients per month. The Legal Network operates under the supervision of Casey Gwinn and Gael Strack and provides an array of services 5 days a week from 8:00 AM to 5:00 PM.

MEET THE STAFF

Casey Gwinn, President National Family Justice Center Alliance

Click here to read Casey Gwinn's complete bio: http://www.familyjusticecenter.com/Overview/casey-gwinn-jd.html

Gael Strack, Chief Executive Office National Family Justice Center Alliance

Click here to read Gael Strack's complete bio: http://www.familyjusticecenter.com/Overview/gael-strack-jd.html

Alexia E. Peters, Esq., Managing Attorney Family Justice Center Legal Network

Alexia was born in Corpus Christi, Texas. Alexia graduated from California Western School of Law with a Specialization in Child, Family and Elder law in 2008 where she was also a member of the Pro Bono Honors Society. She was admitted to the California State bar in 2009. She received her Bachelor's degree in Elementary Education with a Specialization in Early Childhood Education from the University of Texas at Austin in 2002. Alexia joined the National Family Justice Center Alliance in July 2009 and helped Casey and Gael launch the Legal Network. During law school, Alexia interned for the Center for Community Solutions (CCS) at the San Diego Family Justice Center. Alexia then interned for the U.S. Attorney's Office, Civil Division in San Diego. Alexia spent her last internship with Stutz, Artiano, Shinoff and Holtz, a private law firm that practices general civil litigation. Alexia has a passion for helping children and families and is happy to channel this passion into her job at with the National Family Justice Center Alliance. She enjoys tennis, UT Football, and spending time with her family.

INTERNS The internship program expanded this past year from an average of 3 interns per semester to 9 interns per semester. Over the Summer 2011, the Legal Network supervised and trained 13 law student and undergraduate volunteers, including a student from France, one from Yale and another from Harvard. Our training program that every intern and volunteered must attend is 16 hours and covers topics such as Domestic Violence 101, Evidence Collection, and Strangulation and DV Injuries. Over the course of the year, our 25 interns and volunteers contributed 5,881 hours to the Legal Network.

Additionally, the Legal Network supervised its first certified legal intern, Sarah Sauer. Ms. Sauer was able to represent clients in court at the permanent restraining order hearings under the supervision of Alexia Peters. She represented 2 high risk cases, one of which was prosecuted by the District Attorney's office as a torture case. Ms. Sauer was able to give this client additional individual attention and make sure that everything was properly filed, the Respondent was properly served and that our client would only have to speak on a limited basis at court. Ms. Sauer appeared in front of the then supervising Family Court judge, Hon. Lorna Alksne. She successfully obtained a full 5 year restraining order against Respondent without our client having to say a word in court.

PRO BONO ATTORNEYS The Legal Network actively worked to expand its pro bono attorney program in 2011. We were able to recruit 4 additional pro bono attorneys who were able to represent our clients at their permanent restraining order hearings. Over the course of the year, the pro bono attorneys were able to contribute 775 hours to the Legal Network. Our pro bono attorneys were able to assist in the day to day operations of the clinic by meeting with clients, providing legal advice and supervising the legal interns. They were also able to represent in various cases, including one where the victim was grazed by pellets from a shotgun whose abuser was in the wind. Unfortunately, we were unable to serve him for the restraining order, but we were able to connect her with other services at the SDFJC and get her to safety.

LISA'S STORY Lisa was referred to the Legal Network from the High Risk Team (HRT). Lisa's abuser had been convicted of felony domestic violence against her about 2 years prior to her case presentation at the HRT. Lisa had never obtained a family court restraining order against her abuser. She had been given a criminal protective order through the criminal case, but once the case went to sentencing that order was dropped because of jurisdictional issues. Since her abuser was in jail, there was no danger to Lisa. However, Lisa received several letters from her abuser from prison and a picture text from him from prison. The concern was that this man had not moved on and that he still posed a danger to Lisa. He had gang affiliations as well. He was also set to be released within the next couple of weeks. Lisa came to the Legal Network where we helped her obtain a temporary restraining order for herself and her children before the abuser was released from custody. We worked with a detective in the San Diego Police Department's Domestic Violence Unit who sent the temporary restraining order to the prison to serve the abuser before he was to be released. The Legal Network then signed on as attorney of record for Lisa. Due to the high risk nature of the case, Sgt. Judy Weber escorted Lisa and her attorney to the family law courthouse for the hearing. Fortunately, Lisa's abuser did not appear in court and we were able to obtain a 3 year restraining order against him. Lisa was nervous and scared the entire time while at the courthouse. She continued to state, "He knows I'm here. He knows where I am right now." Lisa did not calm down until we were in the car and safely away. She now is in a safe, confidential location and has a 3 year permanent restraining order.

GRANT REQUIREMENTS AND OBJECTIVES The following report lists the core objectives and accomplishments of the Family Justice Center Legal Network. The FJC Legal Network Project will collaborate with the Women of Wisdom (WOW) program, a pilot program associated with the San Diego Family Justice Center (SDFJC). The WOW program will establish a revolutionary holistic approach to reducing the rates of recidivism among the victims of domestic violence in San Diego County. Utilizing a three tiered system based on Worth, Opportunity, and Work, the WOW program will offer long-term support services with an emphasis on holistic mind/body healing and marketable job training. Therapeutic services, health and nutrition classes and yoga will help empower the victims by giving them control over their health and well-being. The Legal Network assists in immediate attention to the client's safety needs so that the client can move through the rest of the WOW program.

DELIVERABLES AND ACCOMPLISHMENTS Wraparound Legal Services Model o Through this model, clients receive:  assistance with filling out and filing their applications for a temporary restraining order,  a 1 hour court preparation presentation  continuous contact with the FJC Legal Network attorney and advocates before the permanent order hearing  court support  court representation (on a limited basis) for their permanent order hearing  follow up calls after their permanent order hearing (1 week, 1 month, 3 months, and 6 months after)  referrals to community partner agencies to assist with their additional legal needs such as paternity, child custody and visitation, and immigration

DELIVERABLES AND ACCOMPLISHMENTS Policies, Protocols, and Procedures o The client legal intake system accurately assesses a client’s restraining order needs. The intake system begins with a thorough screening in which the following occur with every client:  explain the process to obtain a permanent restraining order;  determine whether or not a restraining order is the safest option;  determine whether the client’s particular case qualifies for a restraining order  collection of evidence including photos of injuries, police reports, voicemail and text messages, etc. o Provide every client an accordion folder which includes:  2 copies of the TRO  1 copy of the Request for TRO and all supporting evidence and documentation  Court Prep and Court Support information sheet  Courthouse Children’s Waiting Room information  Step by Step Guide to Service after the permanent order hearing  DV-520 (Get Ready for your Hearing)  DV-530 (How to Enforce your Order)  DV-720 (How Do I Ask the Court to Renew my Restraining Order)  Date and time for permanent restraining order hearing  Managing Attorney's business card

DELIVERABLES AND ACCOMPLISHMENTS Legal Internship Programs o Recruit interns for Spring, Summer and Fall internships  On Campus interviews at California Western School of Law and University of San Diego School of Law  Online recruiting at Thomas Jefferson School of Law o Requires a minimum 16 hours per week commitment o Attend Pro Bono fair for California Western School of Law and Thomas Jefferson School of Law o Provide pro bono credit for the intern hours o Provide internship for school credit o Intern duties include:  Client interview  Preparation of TRO  Court Support  Court Preparation  Client follow up  Case management  Research  Administrative Pro Bono Program o Recruited 4 pro bono attorneys o Provide 16 hour collaborative training with the San Diego Family Justice Center and San Diego Police Department o Minimum 6 case commitment over 6 months' time

DELIVERABLES AND ACCOMPLISHMENTS Court Support Program o Every client is offered a court support advocate to accompany them to their permanent order hearing o Consistent client contact  with court support advocate or legal interns in preparation for hearing  with attorney to answer upcoming hearing legal questions o Court Preparation program is held weekly and open to anyone with an upcoming restraining order hearing

"I also wish to thank you and the FJC Legal Network for the court advocates! I know I wouldn't have made it through the hearings without them….The court advocates, Kelly and Nicole, gave me such great insight….Kelly was so empathetic and comforting when I was freaking out and crying."

High Risk Team ("HRT") o The HRT recently began taking case referrals in late 2011. The HRT is composed of representatives from the San Diego District Attorney's office, San Diego City Attorney's office, San Diego Police Department, SDFJC, FJC Legal Network, Center for Community Solutions, YWCA, probation, parole, San Diego Sheriff's Department and other various agencies. o Members of the HRT are all trained to use Dr. Jacquelyn Campbell’s Danger Assessment tool to determine a client’s level of danger and risk. o If a client is identified as high risk, then the HRT meets to determine what services are appropriate for the client in accordance with the client’s safety plan.

DELIVERABLES AND ACCOMPLISHMENTS Case Management o Clients who need additional services are referred to the SDFJC or WOW program. A member of the FJC Legal Network team meets with an SDFJC/WOPW team member to discuss what other services and referrals should be made in order to provide the client with comprehensive services. o Additionally, the SDFJC provides the FJC Legal Network with information about what other referrals and community partner assistance is involved with the clientâ&#x20AC;&#x2122;s case. The FJC Legal Network uses this information to work with the other community partners to gather any additional evidence that may be used with the TRO application. Emergency Protective Orders ("EPO") o Some victims require immediate restraining order protection yet there is no time to complete an application for a temporary restraining order and submit it to the court. o The FJC Legal Network coordinates with Det. Sylvia Vella of the San Diego Police Department who works on site at the SDFJC to obtain EPOs for victims who need immediate protection. o Det. Vella can call a duty judge and obtain a 3-5 day EPO for a victim. Det. Vella successfully obtained an EPO against an abuser who was in the custody of Immigration and Customs Enforcement. She then was able to fax the EPO to officers at the holding location of the abuser and have him served with the order.

DELIVERABLES AND ACCOMPLISHMENTS Training Program o Expanded FJC Legal Network Training Program to 16 hours which includes:  DV 101  DV Injuries & Strangulation  Evidence Collection  Investigation and Prosecution  Immigration law for victims of crime  Tour of the SDFJC – follow a “client” through the FJC routing process  How to conduct a thorough client screening  TRO forms and how to prepare a temporary restraining order  Court preparation power point presentation  Steps to going “solo” Legal interns are trained and given opportunities to lead a client through the TRO process and to complete the TRO applications while under the supervision of an attorney  Court support and accompaniment program  ETO Software and how to track clients, case management, case outcomes, future follow-up  Administrative duties

DELIVERABLES AND ACCOMPLISHMENTS ETO o Utilize ETO (“Efforts To Outcome”), a software program that tracks and maintains the following:  Potential conflict checks  Participant (new client) Entry: Client demographics Contact information  Legal Network Legal Assistance Assessment: Abuser information Relationship between client and abuser Are there children involved? Legal assistance requested by client Type of legal assistance rendered Type of abuse Evidence submitted with TRO application Referrals made to outside agencies, i.e. assistance with dissolution, child custody, etc. Previous TRO or other court case Status of TRO – granted or denied Date of permanent restraining order hearing, department, time and presiding judge.  DV-130 Order After Hearing Assessment Date of permanent restraining order hearing and location Records whether client was present o If so, was client accompanied by advocate or attorney Records whether abuser was present o If so, was abuser accompanied by advocate or attorney Status of restraining order: Granted, Denied, Dropped by Client, Continued, Reissued. Other orders granted: i.e. Batterer’s Intervention Program, Anger Management, Child Custody, etc. Length of the Restraining Order: date and time of expiration  Client Follow-Up How was follow-up initiated: by staff or client Sets alerts for next follow-up period  Newly Developed Additional resources assessment Court support assessment

DELIVERABLES AND ACCOMPLISHMENTS Survey We used SurveyMonkey to gather feedback from clients. We discovered that keeping clients engaged in our services continues to be a problem. We received only 15 responses from clients. The responses are discussed throughout this e-book. We did learn that 60% of our clients were referred by the police. We strive to keep the detectives co-located with us updated about our services so they can continue to refer clients. 100% of our clients stated that they liked the staff at the Legal Network and 92.3% liked that there were no costs for our services. 69.2% liked the atmosphere and that their needs were met in one place. 61.5 % liked the location and the follow up calls from our staff. This same percentage of clients were also extremely satisfied with the help they received. Only 1 client stated that they liked the children's room and language options which indicates that these are two areas that the SDFJC and FJC Legal Network can work to improve on. Half of our responses stated that they did not like the wait time to meet with the clinic or that our hours were Monday - Friday from 8 am - 5 pm. Video Teleconferencing o Currently under development o Overall concept has been approved by Judge Alksne, former Supervising Family Court judge. o Applying to various organizations for funding of project Legal Research o Each legal intern is assigned a research project(s) o The following issues have been researched:  Issuing Emergency Protective Orders at the SDFJC  Effect of death of Protected Party on Restraining Order  Victim's rights in relation to Tenancy/Non-tenancy Client Welcome Packet o We have created a client welcome packet which includes: resources for victims, the power and control wheel, danger assessment and calendar, information on strangulation and documenting injuries, stalking statistics, domestic violence statistics, hotline numbers, explanation of the restraining order process, and attorney referral information. o 100% of our responses from the surveymonkey online survey replied that the process of obtaining a restraining order was clearly explained to them, including the time it takes to complete the paperwork and obtain a response from the court. o Individual welcome packets have been created for Spanish speaking clients, male clients, and clients of the LGBT communities.

Hosted Hon. Lisa Schall In July 2011, the FJC Legal Network hosted a training event for professionals in the domestic violence community. This training featured Hon. Lisa Schall, then family court judge, who graciously shared her lunch hour to speak to us about domestic violence restraining order hearings and her perspective from the bench. We submitted questions to Judge Schall in advance of issues that we were seeing with the restraining order process in family court. The event was standing room only as the conference room at the San Diego Family Justice Center was completely packed with community partners, military advocates, domestic violence agency personnel and law enforcement.

STATISTICS

6 Month Synopsis of FJC Legal Network’s Accomplishments from January to June 2011 376 clients served 268 TRO’s filed 262 TRO’s granted 88 permanent orders granted STATISTICS - CHART

88 Perm Orders

granted 262 TROs granted 6 denied

268 TROs Filed

376 Intakes

756 Client Meetings 19

STATISTICS EXPLANATION Intake: The FJC Legal Network meets with clients to provide a number of services related to the restraining order process. When reviewing the numbers from January to June 2011, the FJC Legal Network performed 376 intakes. An intake is typically what the Legal Networks refers to as a â&#x20AC;&#x153;screening.â&#x20AC;? At a screening, clients are met with directly, either by an attorney, advocate, or legal intern. The purpose of the screening is to speak with the client in order to assess what type of abuse is taking place, the relationship between the client and abuser, the level of danger, the last recent incident, the frequency of the incidents, if children are involved, if a current case is pending (civil or criminal), and if the incidents qualify the victim for a temporary restraining order. In addition to performing client screenings, the Legal Network also meets with clients for a variety of issues. Direct client meetings are also included in the 756 meeting statistic seen on the chart. The Legal Network meets with many clients on a post TRO basis. Once the TRO is granted, a client will return to the Legal Network to discuss the TRO, service of process (when necessary), safety planning, how to enforce the TRO, what to do if the TRO is being violated, scheduling a court prep session, as well as discussing potential representation of that client. TROs Filed: Out of the 376 clients the Legal Network met with between January and June 2011, 268 TROs were filed by the Legal Network. 262 TROs were granted and 6 TROs were denied over the span of six months. Of the 108 clients who did not have a TRO filed, 12 left and did not return or were sent to another court to file their TRO paperwork. The FJC Legal Network chose not to file restraining orders for the remaining 96 clients. Reasons for not filing were: Lack of evidence (29 clients) No recent abuse (24 clients) Client chose not to file (12 clients) Client was referred to other organization that could better serve his or her needs (11 clients) Lack of jurisdiction (8 clients) Client was already represented by an attorney (5 clients) Other reason (7 clients)

Permanent Restraining Orders Granted: Of the 262 TROs granted, 88 were made permanent at the hearing. A total of 174 were not granted. Of the 174 that were not granted, 152 clients did not show up to the permanent order hearing, therefore the TRO was dismissed. Two of the clients in our survey indicated that they did not appear to their hearing. One client stated the reason why he/she did not seek a permanent order was because he/she found the court system to be overbearing. The other client stated that they parties resolved their differences. Of the remaining 22 orders, 15 were denied and 7 were dropped by the client in court. According to our survey responses, 27.3% of our clients stated that they were only somewhat able to understand the court proceedings, partly because they did not understand the terminology and language used by the court or the purpose of the judge's questions. Court Hearing Outcomes: Of the 110 clients that appeared in court, 15 (13.6%) were denied a permanent restraining order; two (1.8%) received a 3 month order; seven (6.4%) received a 6 month order; 18 (16.4%) received a 1 year order; five (4.5%) received a 2 year order; 42 (38.2%) received a 3 year order; 14 (12.7%) received a 5 year order; and seven (6.4%) dropped their case. Of the 103 clients who chose to pursue a permanent restraining order, 88 (85.4%) were granted an order.

Court Hearing Outcomes 42

18 15

14 7

2 Denied

3 months

6 months

1 year

2 years

3 years

5 years

Dropped

The following chart details the decisions that each judge made as to whether to grant a permanent restraining order and the length of time for each order.

Denied

3 mos.

Rubin Allard

Goldsmith

Schall

Huguenor

Garcia

Longstreth

6 mos.

1 yr.

2 yrs.

3 yrs.

5 yrs.

2 1

2 3

3 2

Shelton

Curiel 3

McKenzie Hallahan

12 9 1

15 1

Domnitz

2 15

Galindo TOTAL

TOTAL

Marrinan

Alksne

Dropped

2 14

110

Continuances: Parties may request a postponement of their hearing known as a continuance. Between January and June 2011, FJC Legal Network clients were granted 60 continuances. The average number of continuances per continued case was 1.58. About 25% of the time, a case was continued because the petitioner was unable to serve the respondent before the hearing.

Parties Present at Court Hearing Outcomes: 63 of the 110 clients (57.2%) that appeared at their hearing faced their abuser in court. As demonstrated in the charts below, when both parties appear in court, the FJC Legal Network client is more likely to be denied a permanent order or to receive an order for a shorter period of time.

Only Client Appeared 30 25 20 15 10 5 0 Denied

3 mos.

6 mos.

1 yr.

2 yrs.

3 yrs.

5 yrs.

Dropped

Both Parties Appeared 30 25 20 15 10 5 0 Denied

3 mos.

6 mos.

1 yr.

2 yrs.

3 yrs.

5 yrs.

Dropped

Attorney Representation: Of the 110 clients that appeared for their court hearing, eight were represented by a FJC Legal Network attorney. Six of these clients were granted ROs and two had their cases dismissed due to lack of service. Of the six that were granted, two were for a period of less than one year, one was for three years, and three were for five years.

Court Preparation and Support: FJC Legal Network clients may attend a court preparation session where they learn what to expect at court and how to prepare themselves. They may also request for a court advocate to provide court support at their hearings. 60.9% of clients who received court preparation only received a permanent order. 65.6% of clients who received court support only received a permanent order. 68.2% of clients who received both court preparation and support were granted a permanent order. Of the clients that did not utilize these services, only 31.3% obtained a permanent order. The SurveyMonkey survey indicated that 92.9% of our clients were offered a support person to accompany him/her to the hearing. We work to offer each client a support person for the hearing and will make sure that every client is aware of this service. Additoinally, the survey participants stated 100% of the time that a support person was available to discuss their hearing.

After the Restraining Order: 81.8% of our clients stated that there had not been any violations of the restraining order. For 84.6% of our clients, the abuse was no longer continuing. 76.9% stated that they felt safe.

LINDA'S STORY When Linda first met with the FJC Legal Network, she was specific in that she could not leave her husband. She would not divorce or legally separate from him. Linda told the managing attorney, "I just can't live with him anymore." Meeting with Linda that first time, and several times afterwards, was difficult. Linda did not know what legal action to take but one thing was clear: she could no longer live with her husband of over 20 years. Linda finally made the decision to move forward with a temporary restraining order. We assisted her with the paperwork and accompanied her to court. Unfortunately, the court did not grant Linda a permanent restraining order. Linda was devastated and returned to her home. The same day as her hearing, her abuser began showing up at the home. They were still married and he still had rights to the home. A few months later another incident occurred. Linda was back in our office, crying and asking for our help. We assisted her with filing another restraining order. She obtained a temporary order and he helped her prepare for her hearing. She went to court again for her permanent order hearing, accompanied by court support. Again, the judge denied her request for a permanent order. The cycle continued. Linda went back home and her abuser came in and out of their house as he pleased. Throughout these six plus months, Linda had called the police numerous times to report violations of the restraining orders. Her abuser had been placed on probation for violation of a restraining order. After numerous arrests for violations of the various restraining orders, Linda's abuser decided to serve jail time instead of remaining on probation. During that time, Linda once again came to our offices to obtain a restraining order against her husband. Our office, upon learning of the criminal history information from Linda, called the City Attorney's victim advocate to gather more information. The victim advocate sent us a report of all of the cases that they had against him and his arrest record for domestic violence against Linda. We used this information to file a third restraining order application against Linda's abuser.

"I cannot thank you enough for helping me with my case. I felt like I've reached a deadend and there would be no end or protection from the stalking and harassment. I felt very scared and alone with my problems. I was pleasantly surprised at the welcoming atmosphere of FJC, and even more so by the service and what I was able to accomplish there."

CONCLUSION The Family Justice Center Alliance continues to receive positive feedback about the benefits of the FJC Legal Network model and the assistance provided from professionals and survivors through emails, phone calls, client testimony, exit surveys and statistical data. The focus on a comprehensive legal assistance program for victims of domestic violence has been repeatedly highlighted.

CLIENT QUOTES "You touched my life, and you have touched my heart. There are no words that can express my thanks for everything you have done. Thank you for who you are and what you do."

"I've been meaning to express my gratitude for the hard work, compassion, and great assistance you and the Family Justice Center Legal Network had provided me throughout the entire restraining order process from the initial intake to the celebratory outcome that resulted in the permanent restraining order. Though it was very triggering and traumatic for me to recount my ordeal, you provided exceptional leadership, guidance and sound advice with great professionalism and efficiency while still expressing the kind of tenderness, friendliness and approachability that a survivor like me needs."