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
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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