Washington State Domestic Violence Civil Justice Project Report - December 1999

by Leslie Owen, Domestic Violence Civil Justice Project Coordinator

In May 1998, a uniquely collaborative grant proposal was submitted to the U.S. Department of Justice to obtain funds to support a coordinated statewide domestic violence civil legal assistance project. The grant was developed by local domestic violence assistance programs, the Washington State Coalition Against Domestic Violence, the Northwest Women's Law Center, volunteer lawyer programs, statewide civil legal services programs which serve poor and vulnerable people in Washington, and many other organizations, including community organizations and law schools.

These organizations worked together to set goals and formulate implementation strategies for the proposed project. While the initial efforts to obtain funding were not successful, information from evaluators of the grant proposal indicated a strong interest in the unique collaborative approach presented by Washington state. The Department of Justice suggested a renewed effort to seek funding as the project takes clearer shape.

In May 1999, a newly hired Domestic Violence Civil Justice Project Coordinator conducted a survey of programs providing legal assistance to battered women. The response to the survey was excellent, as 33 domestic violence programs (58 percent), 16 volunteer attorney programs (64 percent), and 11 civil legal services offices (73 percent) returned the surveys. The purpose of the survey was to:

Identify existing civil legal services currently available to victims of domestic violence in Washington;

Assess current resources available within the justice system and civil legal services communities that may be used to expand civil justice to victims and survivors of domestic violence; and

Determine priorities for the future development of civil legal services for victims and survivors of domestic violence.

The survey asked participants to identify gaps in services and priorities for increased services from a range of legal issues that included domestic relations (dissolution, separation, visitation, parenting plans), protection orders, criminal domestic violence issues (both men and women as defendants), welfare/TANF (Temporary Assistance for Needy Families), immigration, confidentiality, address protection and child welfare. Participants were also asked to identify other areas of concern.

By far the most significant gap in legal service identified by survey participants is the lack of legal assistance for domestic violence survivors in areas of contested family law matters. Not surprisingly, survey participants identified the need for pro bono, low-cost or no-cost attorneys in these areas as the highest priority for future development of legal services for victims and survivors of domestic violence. Based on the survey results, the Washington State Domestic Violence Civil Justice Project proposes the following recommendations.

Every program consistently identified contested parenting plans in domestic violence cases as the top priority for legal assistance. While some new funds from the federal government have recently become available for civil representation of victims of domestic violence, the funding still reaches a limited few. These funding limits demand that those providing services provide it as efficiently and effectively as possible. Projects that can leverage funds are more likely to attract additional funding. Some of the best examples of such projects are those recently funded by the Victims of Crime Act (VOCA) to provide emergency legal services. Volunteer attorney and domestic violence assistance programs that hire or contract with attorneys to provide emergency legal representation to victims of domestic violence have observed significant changes in their clients and their clients' cases as a result of this service. First, the programs have found that when resources are provided at the beginning of a case, there is a greater likelihood of securing the full scope of legal relief needed by the victim. Second, programs have been more likely to locate volunteer lawyers to complete the cases once the emergency has passed. Finally, some programs have observed that if a battered woman can secure the civil legal relief she needs, she is less likely to return to the abusive partner. A high priority for the Domestic Violence Civil Justice Project should be development of increased resources for emergency legal representation, thereby increasing private bar involvement in the provision of services. The project can also work with legal service offices to improve their ability to meet the emergency needs of victims in their area.

Increase Training and Legal Support for Domestic Violence Program Legal Advocates

The lack of sufficient civil legal services for domestic violence victims who face disputed family law cases has resulted in greater demands for civil legal assistance from legal advocates who work at local domestic violence programs. Advocates report that they are being asked by their client population to provide increased support on family law issues. Usually not attorneys, they have traditionally provided legal information and advocacy to women in criminal and domestic violence protection order proceedings. When asked to expand these services to the civil arena, advocates run the risk of violating the rules governing the unauthorized practice of law. The Domestic Violence Civil Justice Project should work collaboratively with the Washington State Coalition Against Domestic Violence to develop a training and legal support system on civil legal issues for domestic violence legal advocates. Legal support can take numerous forms: 1) Legal service and private bar attorneys can consult with advocates on specific cases; 2) They can provide training and resource materials; and 3) They can encourage increased pro bono participation. With the appropriate training, support and necessary resources, advocates can play a significant role in assisting victims without risking violation of unauthorized practice of law rules.

Another need identified by all survey participants is increased training for all those responsible for the civil justice system as it affects domestic violence victims. This means more training on domestic violence for lawyers, CLEAR advocates, judges and court commissioners, court clerks, courthouse facilitators, and guardians ad litem. The Domestic Violence Civil Justice Project should help develop such training programs.

Accessibility of Services

Survey participants identified access and communication obstacles, such as cultural and language barriers, as significant reasons why many domestic violence victims are unsuccessful in gaining access to the civil justice system. Some programs have translation services available at their courthouses. The Domestic Violence Civil Justice Project should work with all survey participant organizations to develop strategies for ensuring accessibility to legal advocacy and legal representation for victims who face cultural, language and other barriers to the justice system. Also, as technology increasingly becomes a point of entry into the legal system, care should be exercised to ensure that it does not itself become a barrier for poor and vulnerable people needing access to the justice system.

The survey sought to determine the nature and scope of civil legal services currently available for victims of domestic violence. In Washington, victims can seek civil legal services through a variety of programs. In some communities, domestic violence programs, legal service organizations and court services are available to provide victims of domestic violence with legal information, advocacy and representation. In many other communities, however, large gaps exist that jeopardize the ability of domestic violence victims to obtain effective and timely legal help.

Following is a summary of the law-related services provided by organizations that help domestic violence victims, and recommendations by programs for improved services. The percentages in each table represent the percentage of programs that responded to each question.

In Washington, there are approximately 57 community-based domestic violence shelters and advocacy programs. These programs provide domestic violence victims with a range of legal help, including legal information, referrals, and advocacy through trained lay advocates. These programs help thousands of individuals per year. In 1997-98, 42 domestic violence programs provided domestic violence law-related services to 14,521 adults and 14,673 children in Washington.

Domestic violence programs primarily help battered women with legal problems through legal advocacy. Legal advocacy can include outreach, safety planning, options counseling, case investigation/preparation, court accompaniment and systems advocacy. Most programs have staff and volunteer workers who serve as "lay" or "legal" advocates. They help victims of domestic violence to understand the legal system and develop effective strategies for participation in the civil and criminal justice systems. While a small number of programs have more than three paid domestic violence legal advocates on staff, most programs have only one or two. A few urban areas have a larger number of legal advocates, as these communities have more than one domestic violence program. In addition, a number of courts in urban communities have hired court advocates to assist victims with protection orders. Rural communities are likely to have only one legal advocate serving an entire county. One program has two attorneys on staff, and three programs have grants to contract with attorneys for representation. Legal advocates receive training through local domestic violence programs and through the state domestic violence coalition. There is, however, no annual training for legal advocates. Programs reported that they provide legal advocacy primarily in the following subject areas:

Protection Orders 94% 9,219
Child Custody/Visitation/Parenting Plans 61% 3,294
Criminal Issues 58% 7,989
Welfare/TANF 58% 1,599
Dissolution/Separation 52% 3,582
Immigration 48% NA

Domestic violence programs also provide legal information to domestic violence victims. Programs use written materials from various sources, such as the Northwest Justice Project (NJP) and its Coordinated Legal Education, Advice & Referral System (CLEAR), NJP's website, Columbia Legal Services (CLS), the Northwest Women's Law Center, and local courts. Only three programs, however, reported that they provide informational materials from the NJP website to victims. The percentage of programs that provide legal information (written and verbal) to their clients by topic area are specified on the chart below.

Legal Information Topic Written In-person

Civil Protection Orders 64% 61%
Custody/Visitation/Parenting Plans 49% 52%
Dissolution/Separation 43% 52%
Criminal Issues 45% 33%
Welfare/TANF 42% 24%
Immigration 40% 24%

The programs were also asked if they assist domestic violence victims on any of the three issues below. Confidentiality issues proved to be as important as protection orders and family law concerns.

Address Confidentiality Program 97%
Confidential Identity Changes/Name Changes 76%
Unmarried Parent Issues/Paternity 64%

Domestic violence program staffers reiterated the need for volunteer pro bono, low-cost or no-cost attorneys to represent their clients in contested family law cases. Programs expressed this need with a number of different requests, including:

More attorneys to undertake extended representation of battered women in dissolution/custody actions at no or low cost;

A central resource center with lawyers and paralegals who can provide pro se assistance;

Emergency legal assistance;

More access to staffed legal services offices such as Columbia Legal Services and the Northwest Justice Project;

Protection for victims against revictimization in the civil court system when they do not have legal representation;

Staff attorney inside DV programs who can assist clients with child custody and parenting plans; and

Legal services that are culturally relevant and sensitive to barriers faced by the victim.

Programs also recommended increased support services for domestic violence victims. The most repeated request was for greater access to CLEAR. Only one-half of the domestic violence programs indicated they refer clients to CLEAR. Programs also requested that CLEAR advocates be trained in the specific and unique problems faced by victims of domestic violence. Other support services requested include additional courthouse facilitators and divorce clinics. Program staffers also suggested that attorneys should use the domestic violence legal advocates more frequently to help them put a case together more effectively, especially if the attorney is providing an unbundled (limited) service for the victim.

Another need identified by domestic violence programs was increased training. Programs expressed great frustration over the extent to which some attorneys are not sufficiently aware of the basic dynamics of domestic violence. This lack of awareness means the quality and effectiveness of the representation can be seriously undermined. Programs requested training for attorneys who represent domestic violence victims as well as for all participants in the justice system (judges, guardians ad litem, law enforcement personnel, etc.).

Finally, program staffers suggested that another significant way to improve the delivery of legal services to domestic violence victims would be to improve the support available to domestic violence legal advocates. Programs identified a number of ideas for what type of increased legal support would be most effective, including:

Attorneys who are available to provide information and advice in a timely, accessible way to domestic violence legal advocates;

Training for domestic violence legal advocates on family law issues, court procedures, system advocacy, and assisting domestic violence victims without violating rules regarding unauthorized practice of law. This is an increasingly important concern in light of the Washington State Bar Association's initiative to further define the practice of law; and

A 24-hour phone line for domestic violence legal advocates to get fast legal information for clients on an emergency basis.

Washington has 24 local community-based volunteer lawyer programs. These programs provide legal information and advice, and direct representation for qualifying low-income individuals through meetings with volunteer lawyers and paralegals, dissolution classes and the distribution of written materials. The chart above shows the percentage of programs providing legal information on family law and domestic violence.

Volunteer lawyer programs also provide volunteer lawyers who represent clients in a select number of cases per year. By far the largest request is for domestic relations (dissolution, parenting plans and child support). Programs report that they provide lawyers in the following areas:

Dissolution 75%
Custody/Visitation/Parenting Plans 69%
Protection Orders 31%

In addition to volunteer representation, six programs have hired staff attorneys or contracted with private attorneys to represent domestic violence victims on emergent family law matters. These attorneys have been funded through federal grants recently available under the Victims of Crime Act (VOCA) and the Violence Against Women Act (VAWA). The organizations receiving these funds report that it is easier to locate volunteer lawyers to take on family law/domestic violence cases once the emergency legal work has been done.

The need to increase volunteer or pro bono lawyer involvement in domestic violence-related cases is frequently raised as a solution to the lack of civil legal services available for low-income family law clients. Most VLPs report that contested family law cases are among the most difficult cases to refer to volunteer attorneys. In addition, the volume of cases far outstrips the interest or willingness of lawyers to provide pro bono representation. VLPs are therefore in support of developing more resources for paid attorney staff time in domestic violence cases that involve disputes over parenting plans. At the same time, VLPs are committed to expanding ways to involve volunteer attorneys in domestic violence cases.

VLPs also recommended increased support for expanded use of non-attorney resources such as hiring courthouse facilitators in every county. One VLP suggested that the domestic violence legal advocate's role be expanded to allow the advocate to speak in court at protection order hearings. Improved access to CLEAR was also recommended as a way to take better advantage of non-traditional sources of civil legal assistance.

Finally, VLPs identified the need for increased bilingual services at all levels (courthouse, legal services, social services) and legal clinics for pro se clients involved in parentage actions.

The Northwest Justice Project and Columbia Legal Services receive private and public funding to serve an estimated 1.2 million vulnerable and poor people in all of Washington's 39 counties. These organizations receive the majority of their referrals from CLEAR. In 1998, CLEAR received 19,800 calls. Almost half (48 percent) of these calls were family law related. Even though a small percentage of callers identified domestic violence at the outset of the call (2.35 percent), the CLEAR attorneys say many of the family law callers indicate that they have experienced domestic violence.

There are 15 civil legal services offices in the state staffed by 87 attorneys. Of this number, about 15 attorneys are providing some level of family law services. Each office has eligibility criteria for cases involving family law issues. These criteria generally require that the case involve domestic violence or sexual abuse with a high risk to any children in the family. Thus, most of the family law cases taken by CLS and NJP involve domestic violence.

In addition to individual client representation, there are several specialized projects focusing on domestic violence. The Yakima CLS office received a federal grant to do outreach and legal representation for domestic violence victims in the farmworker community. In Seattle, NJP sponsors a cross-cultural clinic for domestic violence victims. This clinic provides volunteer lawyers who advise victims with emergent custody or visitation matters. The program assists clients who are unable to face language, culture and other barriers to the justice system and its resources. The CLS office in Wenatchee received financial assistance from major growers in the North Central Region of the state, Stemilt Growers and Auvil Fruit, and the National Association of Public Interest Lawyers to provide legal representation for abused children and victims of domestic violence in contested custody and visitation cases.

Because of the limited ability of NJP and CLS to handle a large volume of direct representation cases in contested family law matters, many legal services family law attorneys leverage their resources and the resources of others by providing support for domestic violence programs and volunteer lawyer programs on domestic violence and family law. This support includes training of advocates, lawyers and social services providers; consultation on individual cases; participation in community task forces on domestic violence; and technical assistance.

In addition to CLS and NJP, there are many other important organizational partners that provide legal services to victims of domestic violence. The Northwest Women's Law Center provides an extensive information and referral phone line, community presentations on family law, publications, and representation on select public impact legal cases. The Northwest Immigrant Rights Project represents immigrants who are victims of domestic violence and who are qualified under VAWA to apply for legal permanent residency. The Fremont Public Association provides advocacy and legal services to low-income individuals who seek financial assistance under TANF.

Recommendations for Improved Services

Staff-based civil legal services organizations (CLS and NJP) have identified as a high priority the accessibility of legal services for clients who face unique barriers to the justice system, or who experience disparate treatment based on race, ethnicity, language barriers or disability. Several responses suggested ways of improving current programs. One is to hire more paralegals to assist with family law cases. Another is for legal services to consider the population of domestic violence victims a priority for the delivery of a far broader range of needed services beyond traditional family law, such as housing, public benefits, education and many others. Finally, civil legal services organizations agree that increased training is needed for all involved in the civil justice system, including courthouse facilitators, judges, GALs, court clerks, court administrators, law librarians and attorneys.

In general, collaborative relationships exist among domestic violence programs, civil legal services and volunteer lawyer programs across the state. More than half of the domestic violence programs (18) reported that they had either a good or excellent relationship with their local civil legal services provider or volunteer lawyer program. A majority of volunteer lawyer programs (13) reported they had a good to excellent relationship with the local domestic violence program. The domestic violence civil justice project should continue its work to build an infrastructure among these organizations.

This survey was conducted from May to June 1999. The results were tabulated by Leslie Owen, Coordinator of the Domestic Violence Civil Justice Project, which is currently located at Columbia Legal Services. For more information about the survey methodology and results, please contact Leslie at 360-943-6260.