Legal Advocates' Institute - Durham, NC - July 23-25, 2019

Legal Advocates' Institute

Whether in the courtroom or on the crisis line, advocates in any domestic violence agency are regularly confronted with legal concerns from survivors. Often, this comes in the form of direct questions from survivors about their legal rights and responsibilities but even more often, advocates must recognize these issues during the course of service and know how to address them in a trauma-informed manner through safety planning, advocacy, and referrals. We may commonly think of the legal needs of survivors as being tied to civil protective orders and criminal court but these areas, while important, constitute just the tip of the iceberg!

In this three day intensive legal seminar, advocates will learn to issue-spot the legal needs of survivors and learn how to respond in an empowering, informed way. On day one, advocates will “meet” three clients with very different histories and learn about their families, their abusers, their legal situations and their goals. Following presentations on various legal topics, advocates will work with the three client case studies on a variety of simulated legal scenarios and apply the information learned during each presentation to the clients’ individual cases. Topics include a primer on civil and criminal court for domestic violence survivors, working with minors, child custody, immigration benefits available to survivors, language access in the court system, assisting victims with criminal justice involvement, and avoiding the unauthorized practice of law.

Though this course will cover more advanced material than our “Basic Court Advocacy” program, prior completion of that program is not required. It is, however, mandatory that you complete the “Domestic Violence Basics” or equivalent training prior to attending the Legal Advocates Institute. Optional certification will be available upon successful completion of the course and an exam.

Learning Objectives

Day 1: Confidentiality

1. Be able to explain the importance of maintaining client confidentiality
2. Be able to explain the Federal confidentiality requirements and list the only three exceptions.
3. Be able to apply the requirements and exceptions to specific situations such as suicidality, warrants, working with DSS and other community partners.
4. Understand NCCADV’s recommendations for establishing a victim-centered conflict of interest policy

Day 2: Introduction to Court Advocacy: Civil Court and Custody

1. Be able to explain the multiple roles and limitations of serving as a court advocate
2. Demonstrate a basic understanding of the DVPO Process
3. Demonstrate a basic understanding of Advanced DVPO issues such as motions to modify, renew, and set aside.
4. Develop a basic understanding of custody with or without a domestic violence protective order using a domestic violence lens

Day 3: Advocating for Clients in Criminal Court and Serving Specific Populations and Accessing Remedies Outside of the Court System

1. Become knowledgeable with the rights of individuals with Limited English Proficiency in the court system and how to advocate for those rights.
2. Increase awareness of other remedies available to survivors outside the traditional court system such as housing, child support waiver, and immigration remedies.
3. Learn about lack of employment protections for DV survivors.
4. Increase knowledge about how to better directly serve survivors with disabilities and refer them to appropriate additional services.
5. Learn best practices for serving minors, including without parental consent
6. Learn how to issue spot and advocate for survivors who are participating as a witness or being prosecuted as a defendant in a criminal case