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Navigating the Civil Legal System

Navigating the Civil Legal System. Advocacy for Refugees in Idaho. Christina King, MBA CPM February 11, 2014. The Basics. Answering some fundamental questions for today’s workshop. Safety Healing Freedom . What is the Women’s & Children’s Alliance?. Who does the WCA serve?.

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Navigating the Civil Legal System

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  1. Navigating the Civil Legal System Advocacy for Refugees in Idaho Christina King, MBA CPM February 11, 2014

  2. The Basics Answering some fundamental questions for today’s workshop

  3. Safety Healing Freedom What is the Women’s & Children’s Alliance?

  4. Who does the WCA serve?

  5. 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?

  6. Support Education Accompaniment Clarification Coordination of Services Legal Referrals Victim Witness Coordinator vs. WCA Court Advocate What is a court advocate?

  7. Criminal Law Civil Law What is the difference?

  8. Domestic Violence Protection Orders Idaho Civil Law

  9. Idaho Protective Orders

  10. 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. • 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)

  11. Domestic Relationship Recent Act or Threat of Violence Physical injury Sexual abuse Forced Imprisonment • Married or previously married • Child in common • Reside or formerly resided together • Related by blood, adoption, or marriage • Current or former dating relationship **Includes same sex couples Protection Order Criteria

  12. Potential Referral Assistance with Petition WCA Orientation PotentialReferral WCA Call/Follow Up WCA Referral to ILAS/IVLP Attorney

  13. 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

  14. Cassie’s Law Domestic Violence In Dating Relationships Minors (Age 17 & Younger)

  15. 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

  16. Violence Against Women Act:Full Faith & Credit

  17. Filing for Divorce and/or Custody Idaho Civil Law

  18. Initiating the Process…

  19. 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. 

  20. Remember…it is a process.

  21. 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

  22. 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

  23. Interpreters In the Courts

  24. 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

  25. Interpreters in the Courts

  26. Things to Remember when Participating in Court Processes

  27. 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?

  28. To foster a community where individuals thrive in safe, healthy relationships Safety, Healing, & Freedom

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