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Eve Sheedy Moderator Los Angeles City Attorney’s Office Eve Sheedy Moderator Los Angeles City Attorney’s Office

Eve Sheedy Moderator Los Angeles City Attorney’s Office - PowerPoint Presentation

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Uploaded On 2018-03-17

Eve Sheedy Moderator Los Angeles City Attorney’s Office - PPT Presentation

Preventing and Addressing Homelessness A Legal Services Approach for Domestic Violence Survivors Marci Fukuroda Rainbow Services Ltd Amy Goldman Neighborhood Legal Services of Los Angeles County ID: 654031

victim legal violence survivors legal victim survivors violence police child domestic crime services call confidentiality custody orders survivor court

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Slide1

Eve Sheedy Moderator

Los Angeles City Attorney’s Office

Preventing and Addressing Homelessness

A Legal Services Approach for Domestic Violence Survivors

Marci

Fukuroda

Rainbow Services, Ltd.

Amy Goldman

Neighborhood Legal Services of Los Angeles CountySlide2

DV Survivors who seek

help for abuse face a multitude of legal issues that can place them at risk of homelessness.

Appropriate legal action can help prevent this risk and promote long-term housing stability.Slide3

Why Call the Police

DV survivors who report domestic violence to

police

and

cooperate

with law enforcement

authorities may be eligible for

victim compensation benefits,

immigration relief and crime victim rights.

Slide4

Why Call the Police: Victim Compensation

Eligibility:

Victim of DV, sexual assault or other specified crimes

CA resident or crime occurred in CA

Reasonable cooperation with law enforcement

No other source of reimbursement

(i.e. insurance, restitution, worker’s compensation, etc.)

Family members may be eligible

(parent, grandparent, sibling, spouse/fiancé, child who witnessed DV) Slide5

Why Call the Police: Victim Compensation

Must be filed within

3 years

of the crime, when crime could have been discovered or victim’s 18

th

birthday

Does not

cover expenses incurred while

incarcerated

, on probation, parole or community supervision for a violent felony

Cannot

benefit the perpetrator of the crime

Covers

relocation

expenses, home security improvements, lost wages,

counseling

, medical expenses,

transportation

to appointmentsSlide6

Why Call the Police: U Visas

Intended to make communities safer by

encouraging

undocumented individuals to report crimes to law enforcement

Must be a

victim

of DV, sexual assault or other specified crime

Requires

cooperation

with law enforcement authorities that

investigate

and/or prosecute the crimeSlide7

Why Call the Police: U Visas

Eligible

for public assistance upon filing U Visa application

Issued a work permit upon

approval

of U Visa

(or when placed on waitlist for a U Visa if economic need)

Work permit provides basis for employment,

SSN

and driver licenseSlide8

Why Call the Police:

Other Potential Legal Relief

Police reports and criminal court documents are important evidence

when a survivor seeks legal relief after abuseViolence Against Women Act self-petitionsDomestic violence restraining orders

Child custody disputesSlide9

Why Call the Police: Crime Victims’ Rights

Be free from intimidation and abuse throughout the CJ process

RestitutionReasonable notice of court proceedings

Reasonable notice of and reasonable right to confer about certain prosecutorial decisions

Prevent disclosure of confidential information to defendant or defendant’s attorney/representative

Victims’ Bill of Rights

Right to:Slide10

Why Call the Police: Challenges to

Cooperation and Abuser Accountability

Victims

who are homeless or who enter a

DV shelter can easily become disconnected from law enforcement, prosecutors and the court system

Abusers who are homeless are difficult to

arrest

and locate for

service of process

in criminal and civil casesSlide11

How Can a Survivor Safely

Remain in the Home?

Legal protections can help ensure that a survivor is able to continue living safely in their home.Slide12

Remaining in the Home:

Residence Exclusion Orders

The protected party can obtain an emergency order to kick the abuser

out of the home.

The

abuser

can be kicked out even if they are on the lease with the

protected person

, the only person on the lease or own the home.Slide13

Remaining in the Home:

Public Housing & Section 8

The

Violence Against Women Act (VAWA) prohibits public housing authorities from denying admission to any person simply because s/he has been a

DV victim

Leases must state that domestic violence is

not good cause

for evicting the victim

Project-based Section 8 landlords, or landlords that accept Section 8 vouchers can

evict an abuser

, but still allow the rest of the household to remainSlide14

Leaving the Home

While legal protections can help survivors leave a home they share with an abuser, survivors with children face significant relocation challengesSlide15

Domestic Violence Lease Law

DV survivors may

end their lease

early without the usual penalties associated with breaking a lease to escape abuse.

Only need

14 days’

notice before the lease can end.

Survivor must provide proof of the domestic violence.Slide16

Leaving the Home: DV Shelter Policies

Do not accept older male children, adult children and household members, pets, etc.

Require survivors to leave their job or school, give up their cell phone, refrain from internet/social media activity, etc.

Will immediately transfer a survivor to another agency when safety concerns arise

Some DV shelters:Slide17

Leaving the Home:

Parental Kidnapping Protections

It is unlawful to conceal

a child from the other parent or deprive other parent of custody

“Good Cause Exception”

for parents who flee to a confidential location because of DV

Must file Good Cause form with the DA within

10 days

and file for custody of the child within

30 days Slide18

Leaving the Home:

Child Custody Relocation Restrictions

It is very difficult

for a survivor to move with their child to another county or state

Once

legal

action is filed, both parents are prohibited from taking the child out of state

It can be hard to get protective and custody orders when

fleeing

from one state to anotherSlide19

Obtaining a Restraining Order

Orders issued as part of a Domestic Violence Restraining Order can address and prevent a survivor’s risk of homelessness Slide20

Obtaining a DV Restraining Order

Stay Away

No ContactChild Custody/

VisitationChild/Spousal Support

Move Out Order

Pets/Animals

Recording Unlawful CommunicationsProperty Control

Property Restraint

Debt Payment

Restitution

Attorney’s Fees

Batterer Intervention

Firearms Restrictions

Confidentiality of Address and Identifying Info

Other OrdersSlide21

Achieving Financial Stability

Most DV survivors are economically dependent on their abusers and need immediate and ongoing financial assistance when they leave the relationshipSlide22

Achieving Financial Stability:

Public Benefits and Child Support

Potential Government Benefits:

CalWORKs General Relief SSI/SSDI CalFresh

Child Support:

Enforcement

Assignment of right to GovernmentSlide23

Achieving Financial Stability:

Employment Protections

All Employers

For taking time off to obtain legal relief (e.g. DVRO)Because of status as a DV victimMust provide reasonable accommodations

Employers with 25 or more employees

:

For taking time off to seek medical attention, counseling, or services from a DV agency, or to engage in safety planning activities

(e.g. temporary relocation)

Cannot discharge, discriminate or retaliate against employee:Slide24

Protecting Confidentiality

Confidentiality is often critical for survivors when they seek help for abuse as unauthorized disclosures about a survivor’s identity and location can place that person and their family members at risk of harm.Slide25

Confidentiality: Legal Privileges

Domestic Violence Counselor-Victim Privilege

Sexual Assault Counselor-Victim Privilege

Human Trafficking Counselor-Victim Privilege

Attorney-Client Privilege

Psychotherapist-Patient Privilege

Protect a survivor’s confidential information from being disclosed publicly and in criminal, civil, administrative and other legal proceedings without consent Slide26

Other Confidentiality Protections for

DV Survivors

State and federal laws prohibit victim service providers from disclosing personally identifying information about

DV, SA, dating violence and stalking victims without consent

Caution

: A survivor’s confidentiality may be placed at risk when they seek services with a general

homelessness service provider

Family court orders can be designed to prevent the disclosure of a shelter or other

confidential address

where the victim resides

Safe at Home

address confidentiality programSlide27

Accessing Community Resources

There are many community-based resources that can help DV survivors protect their rights and achieve long-term safety and stability.Slide28

Criminal Justice Resources

Victim

compensation programs

Victim advocates

(court accompaniment/

orientation,

restitution assistance, case status notification, etc.)

Homeless

Citation

ClinicsSlide29

Domestic Violence Resources

24-hour Hotlines

Emergency sheltersTransitional housing

Counseling/

support groups

Advocacy with public agencies

Court accompaniment

Housing

placement assistance

Emergency food, clothing and financial assistance

Employment assistance

Crisis intervention

Safety planningSlide30

Legal Resources:

Services, Challenges and Limitations

Agencies providing

free legal services may assist with:Obtaining restraining ordersChild custody and visitation

Housing advocacy (eviction defense, protecting Section 8 vouchers, reasonable accommodations)Immigration

Many agencies have

funding restrictions

and limited resources

Legal services cannot meet the overwhelming need of survivorsSlide31

Group Exercise: Hypos