DEVELOPING STRATEGIES

TO INCREASE COMPLIANCE WITH COURT ORDERS

Presented by

Tina Rasnow and Jodi Prior,

Self-Help Legal Access Center,

Ventura County Superior Court

Drafting the Order

Use plain and simple language Avoid legalese Keep sentences short

Include specific instructions Avoid ambiguities Address the issues decided by the judge Get clarification from the court if needed, before

drafting the order Same strategies for Stipulation & Order

Explaining the Order

Make sure the SRL understands the order Explain the possible consequences of violating

the order Ask the SRL if s/he has any questions about the

order Ask the SRL if s/he needs assistance in

complying with the order, and make appropriate referrals to such assistance

Orders for LEP Litigants

Provide translated copy of order Go through the same explanation and

review as for English speaking litigants, but include additional explanations as may be warranted to be culturally relevant to the litigant

Make sure probation orders are provided to the defendant in his/her language

Explain Opportunities to Request Modification of Orders Explain how orders may be modified in

certain circumstances when people’s situation changes

Remind SRL that s/he can return to court to request modification in the future as appropriate

Inform SRL of the legal standard that must be met to modify orders

Provide Tools to Assist With Compliance Check lists can help SRL’s to comply with

court orders For example, checklist called “Personal Action

Plan to Regain Child Custody” Show SRL’s the law that supports the order

if they are questioning its basis Explain the rationale behind the law if

necessary

Explain Options

Provide fill-in-the-blank forms and instructions for motions to convert judgments to payment schedules for defendants who cannot afford to pay the full judgment

Refer SRL’s to Lawyer Referral and Information Services, or Bankruptcy Clinics, if they are overwhelmed with debt

Refer SRL’s to low-cost community resources, such as counseling, parenting classes and supervised visitations, pursuant to the court order

Inform SRL’s or their enforcement remedies

Warn Domestic Violence Victims Remind victims that a restraining order is a tool to

help law enforcement protect a victim, but that it is not guaranteed protection

Make sure victims have a safety plan to protect themselves that is not solely dependent on the DV order

Remind victims to make sure the Restraining Order gets entered into the CLETs system

Try to Diffuse Emotion

Focus the SRL on the broader social issue rather than on whether or not the SRL has been deemed a “good” or “bad” person For example, explain that orders are made in the best

interest of the minor, based on the information available to the court.

Explain that the law recognizes a minor’s right to have a relationship with both birth parents

Prepare the SRL’s for Custody Mediation Inform SRL’s of the possible consequences of violation

Refer to Resources

Refer to support groups or other community programs that can help the party subject to the order

Refer to resource materials that can help explain the law and the reasons for the order

Provide information on where a victim can go if a DV Order is violated