Addressing Homelessness: Legal Services for DV Survivors

Preventing and Addressing Homelessness A Legal Services Approach for Domestic Violence Survivors Amy Goldman Neighborhood Legal Services of Los Angeles County Marci Fukuroda Rainbow Services, Ltd. Eve Sheedy Moderator Los Angeles City Attorney s Office

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.

Why Call the Police Why Call the Police DV survivors who report domestic violence to police and cooperate cooperate with law enforcement with law enforcement authorities may be eligible for victim compensation benefits, victim compensation benefits, immigration relief and crime victim rights. police

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/fianc , child who witnessed DV)

Why Call the Police: Victim Compensation Must be filed within 3 years of the crime, when crime could have been discovered or victim s 18th 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 appointments

Why Call the Police: U Visas Requires cooperation with law enforcement authorities that investigate and/or prosecute the crime 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

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 license

Why Call the Police: Other Potential Legal Relief Police reports and criminal court documents are important evidence when a survivor seeks legal relief after abuse Violence Against Women Act self-petitions Domestic violence restraining orders Child custody disputes

Why Call the Police: Crime Victims Rights Victims Bill of Rights Right to: Be free from intimidation and abuse throughout the CJ process Reasonable notice of and reasonable right to confer about certain prosecutorial decisions Restitution Prevent disclosure of confidential information to defendant or defendant s attorney/representative Reasonable notice of court proceedings

Why Call the Police: Challenges to Cooperation and Abuser Accountability Victimswho are homeless or who enter a DV shelter can easily become disconnected from law enforcement, prosecutorsand the court system Abusers who are homeless are difficult to arrest and locate for service of process in criminal and civil cases

How Can a Survivor Safely How Can a Survivor Safely Remain in the Home? Remain in the Home? Legal protections can help ensure that a survivor is able to continue living safely in their home.

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.

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 remain

Leaving the Home Leaving the Home While legal protections can help survivors leave a home they share with an abuser, survivors with children face significant relocation challenges

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.

Leaving the Home: DV Shelter Policies Some DV shelters: Require survivors to leave their job or school, give up their cell phone, refrain from internet/social media activity, etc. Do not accept older male children, adult children and household members, pets, etc. Will immediately transfer a survivor to another agency when safety concerns arise

Leaving the Home: Parental Kidnapping Protections It is unlawful to conceal a child from the other parent or deprive other parent of custody Must file Good Cause form with the DA within 10 days and file for custody of the child within 30 days Good Cause Exception for parents who flee to a confidential location because of DV

Leaving the Home: Child Custody Relocation Restrictions 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 another It is very difficult for a survivor to move with their child to another county or state

Obtaining a Restraining Order Obtaining a Restraining Order Orders issued as part of a Domestic Violence Restraining Order can address and prevent a survivor s risk of homelessness

Obtaining a DV Restraining Order Stay Away No Contact Child Custody/ Visitation Child/Spousal Support Move Out Order Pets/Animals Recording Unlawful Communications Property Control Property Restraint Debt Payment Restitution Attorney s Fees Batterer Intervention Firearms Restrictions Confidentiality of Address and Identifying Info Other Orders

Achieving Financial Stability Achieving Financial Stability Most DV survivors are economically dependent on their abusers and need immediate and ongoing financial assistance when they leave the relationship

Achieving Financial Stability: Public Benefits and Child Support Potential Government Benefits: CalWORKs General Relief SSI/SSDI CalFresh Child Support: Enforcement Assignment of right to Government

Achieving Financial Stability: Employment Protections Cannot discharge, discriminate or retaliate against employee: All Employers For taking time off to obtain legal relief (e.g. DVRO) Because of status as a DV victim Must 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)

Protecting Confidentiality 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.

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

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 Safe at Home address confidentiality program 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

Accessing Community Resources Accessing Community Resources There are many community-based resources that can help DV survivors protect their rights and achieve long-term safety and stability.

Criminal Justice Resources Victim advocates (court accompaniment/ orientation, restitution assistance, case status notification, etc.) Victim compensation programs Homeless Citation Clinics

Domestic Violence Resources Counseling/ support groups Advocacy with public agencies Court accompaniment Housing placement assistance Emergency food, clothing and financial assistance Employment assistance Crisis intervention Safety planning 24-hour Hotlines Emergency shelters Transitional housing

Legal Resources: Services, Challenges and Limitations Many agencies have funding restrictions and limited resources Legal services cannot meet the overwhelming need of survivors Agencies providing free legal services may assist with: Obtaining restraining orders Child custody and visitation Housing advocacy (eviction defense, protecting Section 8 vouchers, reasonable accommodations) Immigration

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