{ Navigating the Civil Legal System Advocacy for Refugees in Idaho Christina King, MBA CPM February...

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Navigating the Civil Legal System

Advocacy for Refugees in Idaho

Christina King, MBA CPMFebruary 11, 2014

{Answering some fundamental questions for today’s workshop

The Basics

{SafetyHealingFreedom

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• Victim Witness

Coordinator vs. WCA Court AdvocateWhat is a court

advocate?

{ {Criminal Law Civil Law

What is the difference?

Protection Orders

Divorce & Custody

Small Claims

Landlord/Tenant Guardianship

{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

39-6302◦ 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

Reset Granted

14 Day hearing

Dismissed

Granted

Assistance with Petition

WCA Orientation

WCA Call/Follow

Up

WCA Referral to ILAS/IVLP

Attorney

PotentialReferral

Potential Referral

Issues Not Covered By Protection Orders

• Emotional Abuse• Stalking• Harassment• Trespassing• Malicious Injury to Property• Child Endangerment• Neglect• Kidnapping• Threats to take children or to 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

Violence Against Women Act:Full Faith & Credit

{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…

Adultery Extreme cruelty Willful desertion Willful neglect Habitual intemperance Conviction of felony When either the husband or wife has

become permanently insane Irreconcilable differences.**

I.C. §32-603. CAUSES FOR DIVORCE. 

File•Complaint OR•Joint Petition

Serve•Affidavit OR•Acknowledgment

Answer & Counterclaim•Respond or Wait•Court Hearings Begin

Remember…it is a process.

I.C.§32-717 Custody of Children—Best Interest

The wishes of the child's parent or parents The wishes of the child The interaction and interrelationship of the

child with parent(s) and siblings The child's adjustment to home, school, and

community The character and circumstances of all

individuals involved  The need to promote continuity and stability Domestic violence whether or not in the

presence of the child

Family Systems Approach

The idea: the family unit endures even after divorce.

Court Provisions to assist with encouraging co-parenting. Mediation Couples Counseling Custody Evaluations

{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 when Participating in Court Processes

{

Explain the process & available options.

Assist with understanding & organizing pro se paperwork.

Provide an appointment with a volunteer attorney.

Referrals Accompany client to

court. Service

CoordinationWhat can the WCA & Court Advocacy do to help?

{To foster a community where individuals thrive in safe, healthy relationships

Safety, Healing, & Freedom