Transcript Judge Mary Arand Santa Clara County Superior Court Sharon Bashan, J.D.

Judge Mary Arand
Santa Clara County Superior Court
Sharon Bashan, J.D.
Pro Bono Project
Nancy Marshall, L.M.F.T.
Domestic Violence Intervention Collaborative
 Domestic
Violence Law and Motion Calendar
 97%
of domestic violence cases start with no
attorney
 5%

or so hire an attorney
Most have an attorney on one side only
 80%
of victims appear unaccompanied by an
Advocate
 Problems
with service
 Dropping
orders
 Modifying
orders
 Presenting
 Victim
their cases
safety at court / when leaving court
 Concurrent

Criminal Cases
CCPOR
 Filing
responses
 Relinquishment
 Understanding
 Leaving
of guns
the court ordered restraints
the vicinity of the Court
 Use
of Alternative Dispute Resolution
 Non
IPV cases
 FIRST
5 Santa Clara County
 Victim
Witness / Assistance
 Shelter
based domestic violence agencies
 Advocates
 Resource
 Domestic
 Legal
Specialists
Violence Intervention Collaborative
resources
 DVLSR
– Pro Bono Project
 Concept


Fill gaps in services
Promote safety
 Staffing





– MSW Interns
Role of MSW interns
Confidentiality
Neutrality
Bridging with a wide array of resources
Clinical skill
 Training






DV basics
Safety planning
Customers – Interns
Working with only one party
Mandated reporting
Overview of Courts


Family, Criminal, Dependency
In-depth understanding of Family Court
 Immersion
Training
 Connecting
 General


support
Safety planning


During hearings and after court
Bridging with resources at Court
Bridging with DVLSR / Pro Bono Project
 Addressing



with the Customer
Specific Concerns
Requests to drop orders
High risk cases
Non IPV cases
 Child
abuse / elder abuse
 Drug
and Alcohol concerns / Mental Health
concerns
 When
the Petitioner is the dominant
aggressor
 Non
IPV cases
 Safety
planning
 Housing
 Food
 High risk / high lethality markers
 Immigration
 Mental health
 Substance abuse
 Respondent non-compliance
 Why?



De-escalation
Clarification of orders
Clarification of options
 Referrals
 Other
to DVLSR
referrals
 Accompaniment
 When
to FCS or SHC
the respondent is the victim
 DVLSR
is a collaborative project, bringing
volunteer attorneys and certified law
students into Family Court DV matters.
 If financially eligible, parties may get a free
attorney in restraining order matters.
 Attorneys and law students are trained in DV


“Real time” mentoring by experienced mentor
attorneys
Limited scope representation
Benefits of Legal Representation
 “Family-centric”
orders
 Improved comprehension of court orders and
the court process
 Reduces need for future law enforcement
intervention
 Improved access to services
 Reduction in economic instability
 Containment of violence
DVLSR Pro Bono Attorney Duties
1) Meet with Client
2) Attend Hearing(s) – (Typically 1-2)
3) Aftercare – Attorneys for both sides will
focus on comprehension of the court-ordered
next steps for each party. The Respondent’s
attorney will also focus on acceptance of
orders (especially if the Respondent feels
he/she got a raw deal), how violence is bad
for children, etc. Attorneys will work with
DVIC interns to provide necessary referrals.
Typical time commitment
 12-15
hours over a few weeks
 Client counselling
 Phone or in-person
 Preparation
 Working with mentor
 Phone, email, in-person
 1-2 hearings in Family Court
 Addressing limited issues
 RO, interim custody, visitation, support,
paternity
DVLSR Procedural Overview
INTAKE:
REFERRAL:
Petitioners screened and referred to DVLSR
PLACEMENT #1:
1st HEARING:
Petitioner Intake
Petitioner placement with DVLSR attorney
Respondent obtains continuance, DVLSR referral info
PLACEMENT #2:
Respondent placement with DVLSR attorney
SUBSEQUENT HEARINGS:
AFTERCARE:
Both have DVLSR representation
Orders obtained, attorneys provide aftercare then sub out
Judge Arand
[email protected]
Sharon Bashan
[email protected]
Nancy Marshall
[email protected]