{ navigating the civil legal system advocacy for refugees in idaho christina king, mba cpm february...
TRANSCRIPT
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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?
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• 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