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As a legal advocate for a survivor of DV/SA/Stalking, you have an incredibly important role to fulfill. While you cannot give a survivor legal advice or predict the outcome of her case, there are many other ways that your advocacy can assist a survivor as she navigates the legal system. You can explain what her options are, including safety planning, and discuss how those options may affect her safety. Your support skills and community connections will be critical to helping the survivor cope with the additional stress of legal proceedings. Those of you who have been in the field of advocacy for some time may find the following list elementary, but here are some basic tips on ways you can help a survivor deal with court and legal matters:
Advocate Role - How You Can Help
- Support and listen - help her process her situation and create a safety plan.
- Outline the options offered by the system, how to access them, and what the process will look like.
- Encourage her to work towards safety & stability -taking care of basic needs, making appropriate choices, improving parenting skills, enrolling in school, etc.
- Help connect her to support systems and resources and connect with community and public benefits.
- Help her connect to groups & counseling.
- Encourage her to address any alcohol and drug or mental health issues that are making her unsafe or could make her look bad in court.
- Help her collect documents and think of witnesses that will assist her case.
- Encourage her to be straightforward in her communications during court proceedings- credibility is crucial.
- Encourage her to present herself appropriately - be respectful, dress like she is going to a job interview, don't lose her cool, etc.
- Accompany her to court proceedings and provide emotional support through the process.
- Help ensure that she has time to process information and can make informed decisions.
- Help attorneys and other support people to understand her particular needs, including any cultural and language barriers.
- Be a witness if appropriate; though see OCADSV's Confidentiality Manual for effects on the client's privilege and other legal matters.
- Validate her experience - the justice system is not always fair.
- Safety plan with her after a legal judgment - especially if the decision is not what she wanted
Finding an Attorney
Perhaps one of the most critical pieces you can help with is finding an attorney if and when the survivor decides she needs or wants one. The legal needs of domestic violence, stalking and sexual assault survivors can be particularly complex issues for which an attorney is highly recommended.
Please seek the advice of an attorney if you are confronted with a specific matter that could involve state or federal laws.
Finding an Attorney in Oregon
- www.osbar.org - lawyer referral including Modest Means Program (low cost representation if income qualified) and pro se assistance such as document review. (800)-452-7636
- www.lawhelp.org - legal services offices across Oregon and basic law on selected topics of interest
- www.abanet.org - information on attorneys in Oregon and other states
- www.nwwlc.org -Washington state and northwest legal resources, also free legal
- Information and Referral (I&R) telephone line (206-621-7691, or 206-521-4317 TTY)
- www.ojd.state.or.us - information on courts and county District Attorney offices
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