Navigating the Civil Legal System

Christina King, MBA CPM Court Advocate Manager

The Basics

{ Answering some fundamental questions for today’s workshop

Safety { Healing Freedom What is the Women’s & Children’s Alliance?

Who does the WCA serve?

What is Abuse?

{ 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

{ • • • • • • Support Education Accompaniment Clarification Coordination of Services Legal Referrals

What is a court advocate?

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Criminal Law

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Civil Law

What is the difference?

Domestic Violence Protection Orders

{ Idaho Civil Law

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

.

Idaho Protective Orders

 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)

• • • • •

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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

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Recent Act or Threat of Violence

• Physical injury • Sexual abuse • Forced Imprisonment **Includes same sex couples Protection Order Criteria

WCA Orientation Assistance with Petition Victim Files Petition Exparte Hearing Dismissed WCA Referral to ILAS/IVLP Attorney Reset 14 Day hearing Granted WCA Call/Follow Up Dismissed Granted

• • • • • • • • • Emotional Abuse Stalking Harassment Trespassing Malicious Injury to Property Child Endangerment Neglect Kidnapping Threats to take children or get someone arrested Issues Not Covered By Protection Orders

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Cassie’s Law

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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

Filing for Divorce and/or Custody

{ Idaho Civil Law

Hire an Attorney Hire a Mediator Utilize a Form Shop Court Assistance Forms

Initiating the Process…

File • Complaint OR • Joint Petition Serve • Affidavit OR • Acknowledgment Finalize • Default OR • Stipulation • Trial Answer & Counterclaim • Respond or Wait • Court Hearings Begin Remember…it is a process.

Interpreters

{ In the Courts

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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 Sight Translation Simultaneous & Consecutive Interpretation Interpret Accurately & Idiomatically

Interpreters in the Courts

Prepare Ask Questions Bring Support

Things to Remember

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Safety, Healing, & Freedom