Transcript Document
Navigating the Civil
Legal System
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Advocacy for Refugees in Idaho
Christina King, MBA CPM
February 11, 2014
The Basics
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Answering some fundamental
questions for today’s workshop
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Safety
Healing
Freedom
What is the Women’s & Children’s
Alliance?
Who does the WCA serve?
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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
Advocate
What is a court advocate?
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Criminal Law
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Civil Law
What is the difference?
Protection Orders
Small Claims
Divorce & Custody
Landlord/Tenant
Guardianship
Domestic Violence
Protection Orders
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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.
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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
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Physical injury
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Sexual abuse
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Forced
Imprisonment
**Includes same sex
couples
Protection Order Criteria
Potential
Referral
Assistance with
Petition
Victim Files
Petition
WCA Orientation
Exparte Hearing
Dismissed
Reset
Potential
Referral
Granted
WCA
Call/Follow
Up
14 Day hearing
WCA Referral to
ILAS/IVLP
Attorney
Dismissed
Granted
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Emotional Abuse
Stalking
Harassment
Trespassing
Malicious Injury to Property
Child Endangerment
Neglect
Kidnapping
Threats to take children or to get someone
arrested
Issues Not Covered By Protection Orders
{ Cassie’s Law
Minors (Age 17
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Domestic Violence In
Dating Relationships
& 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
Filing for Divorce
and/or Custody
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Idaho Civil Law
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
Serve
• Complaint OR
• Joint Petition
• Affidavit OR
• Acknowledgment
Finalize
Answer &
Counterclaim
• Default OR
• Stipulation
• Trial
• Respond or Wait
• Court Hearings Begin
Remember…it is a process.
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
I.C.§32-717 Custody of Children—
Best Interest
The idea: the family unit endures even
after divorce.
Court Provisions to assist with encouraging
co-parenting.
Mediation
Couples Counseling
Custody Evaluations
Family Systems Approach
Interpreters
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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
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
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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 Coordination
What can the WCA & Court
Advocacy do to help?
foster a community where
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individuals thrive in safe, healthy
relationships
Safety, Healing, & Freedom