Legal Advocates Guide

430 Pages·2003·15.46 MB·English

2003 Legal Advocates’ Guide
A Training Manual for Domestic Violence Advocates
13th Edition
T C F V
EXAS OUNCIL ON AMILY IOLENCE
P.O. Box 161810, Austin, Texas 78716
Phone: [phone] • Fax: [phone]
www.tcfv.org
2003 LEGAL ADVOCATES GUIDE:
A Training Manual For Domestic Violence Advocates

13th Edition

EVALUATION FORM

Please take a few minutes to fill out the evaluation and fax back! Your feedback is important!
The following identifying information is for TCFV’s use only and is completely optional.

__________________ ___________________ ________
Name Agency Date

A=Excellent B=Good C=Needs Improvement D=Terrible

1. Overall impression of the 2003 Legal Advocates Guide.

A B C D

2. Likelihood of using some or all of the 2003 Legal Advocates Guide in your work with victims of
family violence.

A B C D

3. Usability of guide in CD Rom format.

A B C D

Additional comments? Since this is the first year we have provided this information electronically, we
are particularly interested to how you liked (or did not like) the CD Rom format.

This project is funded by a grant from the Department of Human Services.

Please complete and fax back to Debbie Carter at 512-685-6396 at your earliest convenience,
but no later than September 10, 2003

©Texas Council on Family Violence, 2003 Evaluation Form
ACKNOWLEDGEMENTS
The Texas Council on Family Violence extends our gratitude to the Family Violence Program of the
Texas Department of Human Services for making this project a reality.
We want to thank our contributing writers, reviewers, editors, and others who made the 13th edition of
The Legal Advocate's Guide: A Training Manual for Domestic Violence Advocates possible:

♦ Patricia Castillo ♦ Lila Oshatz and the staff of the Travis
♦ Diane L. Crosson County Community Supervision &
♦ Cindy Dyer Corrections Department
♦ Suzanne McDaniel ♦ Joe Evans
♦ Cynthia Riley ♦ Lynette Whitlock
♦ Diana Philip ♦ Bree Buchanan
♦ Steve Storie ♦ Sherry Murphy
♦ Cindy Southworth ♦ Ronna Quimby
♦ Jeanette LaFontaine-Mack

For valuable assistance in producing previous editions, Texas Council on Family Violence also gives
special thanks to:
♦ Honorable Mike Denton ♦ Suzanne Donovan ♦ Jennifer Corrigan
♦ Julie Oliver ♦ Melissa Eddy ♦ Anne Dunkleberg
♦ Maria Jose Angelleli ♦ Cheryl Godfrey ♦ Shannon Noble
♦ AYUDA ♦ Bess Green ♦ Anne Kleinert
♦ Debbie Bresette ♦ Linda Hello-Vasquez ♦ Gail Parr
♦ D'An Anders ♦ Janice Kaguyutan ♦ Marcia C. Rachofsky
♦ Asian Law Caucus ♦ Jeana Lungwitz ♦ Jim Sinclair
♦ Laura Bauchman ♦ Celina Mendieta ♦ Deborah D. Tucker
♦ Lisa Bell ♦ Lisa McGiffert ♦ Christina Walsh
♦ Elizabeth Bourbon ♦ Toby Myers ♦ Pam Willhoite
♦ Patrick Bressette ♦ Selena Neal ♦ Women’s Advocacy
♦ Joan M. Carter ♦ Nicky Niles Project, Inc.

♦ Dr. Patricia Cole ♦ Gail Pendleton
♦ Hon Suzanne Covington ♦ Jean Bruggeman
♦ Adriana Cuellar ♦ Harry J. Joe

Public Policy Department

✰ Barbra McLendon, Public Policy Director

✰ Debbie M. Carter, Public Policy Coordinator
✰ Krista DelGallo, Public Policy Specialist
✰ Nancy Flores JD, Public Policy Specialist
✰ Lori-Ann Lima, Public Policy Specialist
✰ Diane Aldridge, Public Policy Assistant
Texas Council on Family Violence 2003
TABLE OF CONTENTS

1 LEGAL ADVOCACY Chapter-Page Number
The Roots of Advocacy 1-2
Herstory of the Texas Shelter Movement 1-3
Role of the Legal Advocate 1-5
Empowerment in Legal Advocacy 1-6
How to be an Advocate 1-7
What Not to Do 1-8
Knowledge, Technique, Action, Change 1-9
Attachments 1-11
• Empowerment Advocacy Wheel
• Basic Job Description of a Legal Advocate in a Domestic Violence Program
• Suggested Basic Training for Legal Advocates
• Criminal Justice Advocacy Community Assessment & Protocol Instrument
• Ways Your Partner May Have Hurt You
• Your Client May Not Be Perfect Because
• The Pitfalls of Working With/Within the Criminal and Civil Justice System
• How We Survive Doing This Work
• The Goals of Legal Advocacy
• Legal Advocate Disclosure Statement (English/Spanish)
2 SYSTEMS CHANGE ADVOCACY
Definitions 2-2
Planning for Systems Advocacy 2-3
Systems Advocacy Approaches 2-4
Attachment 2-6
• Excerpts from “Basics of Domestic Violence Training.” Listen Up! A Guide
to Training Communities on Domestic Violence. Texas Council on Family
Violence, 1997.
i - Table of Contents
3 SAFETY PLANNING
Safety Plan 3-1
If You Are Being Stalked 3-4
Attachments 3-5
• Personalized Safety Plan (English/Spanish)
• Unsupervised Visitation and Safety Planning
• Safety Planning with Children
• Personal Safety Plan Brochures (English/Spanish)
• Stalking Safety Tips
• Sample Log for High Tech Stalking
• Public Internet Access to Court Records
• Technology Safety Planning
4 THE LEGAL SYSTEM: A BRIEF OVERVIEW
Comparison of Civil Versus Criminal 4-2
Processing a Criminal Case 4-3
Guide to “Processing a Criminal Case” 4-5
Step-By-Step Guide to the Criminal Legal System 4-7
Sentencing and Probation 4-9
Attachments 4-10
• Family Violence and Criminal Legal System Brochure (English/Spanish)
5 LAW ENFORCEMENT
Law Enforcement 5-1
Duties of Law Enforcement Officer to Victims of Family Violence 5-2
How to Gain Access to Law Enforcement 5-3
Law Enforcement Training 5-8
Dos and Don’ts of Law Enforcement Training 5-9
Attachments 5-9
• Notice to Adult Victims of Family Violence (8 ½ X 11)
• Notice to Adult Victims of Family Violence outreach cards (English/Spanish)
ii - Table of Contents
• Department of Public Safety Family Violence Report
6 THE PROSECUTION
The Role of the Prosecuting Attorney 6-1
Working With Prosecutors 6-2
Attachment 6-3
• Victim Impact Statement
Case Example: The Family Violence & Victim Witness Divisions 6-4
of the Dallas County District Attorney’s Office
Working With the Victim Assistance Coordinator 6-6
7 THE COURTROOM
The Judge 7-1
Preparing a Survivor for Court 7-4
Typical Responses or “Defenses” from a Batterer 7-9
Advocates Testifying In Court 7-10
Dos and Don’ts of Testifying 7-13
Common Questions Asked by Attorneys 7-15
Attachment s 7-16
• Sample Monitoring Tools
a. Protective Order Hearing
b. Criminal Court
8 COMMUNITY SUPERVISION OFFICER
Duties of a Community Supervision Officer 8-2
Investigation of the Person Applying for Community Supervision 8-3
Attachment s 8-3
Assessment Tools for Community Supervision of Family Violence Offenders
• Characteristics of Batterers
• Basic Techniques To Use In Family Violence Cases
• Managing Family Violence Offenders
• Excuses and Tactics Used by Batterers
iii - Table of Contents
• Victim of Family Violence Questionnaire
• Working With Offenders
9 PROTECTIVE ORDERS
Protective Orders and Family Violence 9-1
Why Protective Orders Are Important 9-1
Magistrate’s Order for Emergency Protection 9-2
Temporary Ex-Parte Protective Orders 9-3
Final Protective Orders 9-5
The Hearing: Final Protective Orders 9-10
Protective Orders, Custody and Divorce 9-12
Enforcement of Protective Orders 9-15
Frequently Asked Questions 9-20
Attachments 9-26
• Recent Case Law on Protective Orders
• Do No Harm: Protective Orders in Texas (English & Spanish Version)
• Judicial Responses that Empower Survivors
• Judicial Responses that Reinforce Women’s Entrapment
• You Be the Judge: Issuing and Enforcing Protective Orders
• Obstacles in the Criminal Legal Process
• Advice to Prosecutors: 15 Steps to Making Victims Safer
• Specific Provisions That May Be Used to Assist Battered Immigrants
• Data Entry Form for the Texas Crime Information Center
• Traveling Safely: Enforcing Protective Orders Throughout the United States
(English & Spanish Version)
10 ASSISTING IMMIGRANT SURVIVORS OF ABUSE
Domestic Violence in Immigrant Communities 10-1
Will My Program Be Held Liable for Serving Undocumented Immigrants? 10-2
How Can We Make Our Program More Accessible for Immigrant Survivors? 10-3
Immigration Basics 10-4
iv - Table of Contents
Legal Remedies for Immigrant Survivors 10-6
Assisting with VAWA Cases 10-11
Attachments 10-15
• Power and Control Wheels for Immigrant Survivors of Abuse (English and
Spanish)
• Safety Strategies (English /Spanish)
• ACLU “Know Your Rights” outreach Fact Sheets (English/Spanish)
• BCIS Welcome Brochure
• U Visa Outreach Fact Sheet (English/ Spanish)
• T Visa Information and Checklists
11 FAMILY VIOLENCE LAWS
Quick Reference to the Texas Criminal Procedure--Code and Rules 11-2
Quick Reference to the Texas Penal Code 11-9
Quick Reference to the Texas Family Code 11-14
Quick Reference to the Texas Government Code 11-35
Quick Reference to the Texas Human Resource Code 11-37
Quick Reference to Other Relevant Texas Law 11-39
Attachments 11-42
• Quick Reference to Criminal Charges Applicable to Family Violence

12 WELFARE: THE BASICS
Knowing and Navigating the Welfare System 12-1
Welfare in Texas 12-5
Immigrant Survivors Access to Public Benefits 12-9
Attachments 12-16
• Texas Department of Human Services Regional Contact Information
• Choices Program Good Cause Rules
• Directory of TWC Regional Contacts
• Questions and Answers on the FiveYear Bar
v - Table of Contents
• HUD Eligibility Q&A
• Public Charge Outreach Flyer in English and Spanish
13 FAMILY LAW FOR ADVOCATES
Just the Basics 13-2
For Those Who’ve Earned Their Wings 13-9
Attachments 13-14
• Did You Know: Family Violence and Custody In Texas
• Allocation of Parental Rights and Duties
• Standard Possession Order
• Objection to Mediation
14 LEGAL SERVICES
Current Providers of Free Legal Services 14-1
Pro Bono Programs/Other Private Attorney Involvement Programs 14-2
Working with Legal Services and Pro Bono Programs 14-3
Developing Your Own Program 14-4
Referrals to Private Attorneys (Full and Reduced Fee) 14-5
Developing a Pro Bono Project 14-6
Domestic Violence Legal Services Models in Texas 14-11
Texas Lawyers Care/State Bar of Texas 14-14
15 CRIME VICTIMS’ COMPENSATION
What Crimes Are Covered in Texas? 15-2
Basic Eligibility Requirements 15-2
Crime Victims’ Compensation Checklist: 15-4
A Resource for Domestic Violence Victims
Recoveries 15-5
Application Process 15-6
Attachments 15-6
• Application for Texas Crime Victims’ Compensation (English/Spanish)
• Crime Victims’ Compensation Materials Order Form
vi - Table of Contents
16 RESOURCES
Multi-County Agency Service Descriptions (link)
State Resources
National Domestic Violence Resource Network
National Legal Support
Other
vii - Table of Contents