Bar News - April 8, 2005
DOVE: A New Lawyer's Point of View
By: David Hilts
The average person faces many challenges, problems, fears and sorrows. The fortunate among us can rely on the strength and comfort of family, spouses or intimate partners; sometimes these comforters are the only resource available. But what if those closest to us become the tormentors and abusers? Imagine your spouse pushing you against the wall because you forgot to buy something at the store; imagine your former intimate partner calling you repeatedly throughout the night, screaming obscenities because you decided to end the relationship. Domestic violence takes many forms, like the examples cited above, or it can be subtler and much worse.
Many members of the NH Bar Association have been able to assist victims of domestic violence in obtaining the protection they need and deserve through the Domestic Violence Emergency (DOVE) Project. DOVE performs four main services on behalf of victims of domestic violence. First, DOVE collaborates with 13 different domestic violence crisis center agencies to enhance access to civil legal services for victims who are petitioning the courts for relief under RSA 173-B, Protection of Persons from Domestic Abuse. Second, DOVE recruits and maintains a pool of attorneys throughout the state willing to provide pro bono legal services to represent victims at final hearings. Third, DOVE encourages advocates to accompany the victim to the hearing on the domestic violence petition to provide critical emotional support, thus allowing the DOVE attorney to focus primarily on the legal issues of the case. Finally, DOVE serves as a clearinghouse to all members of the New Hampshire Bar and to the public, providing resources and information about the pervasive problem of domestic violence.
New lawyers have a lot to gain by participating as DOVE volunteers. It is an excellent way to become acclimated to the practice of law in New Hampshire. DOVE attorneys can gain courtroom experience in domestic violence proceedings in which the rules of evidence are not strictly applied. That is not to say that domestic violence proceedings cannot be complex or that there are not defined elements that must be established in the proceedings. Rather, the lack of strict application of evidentiary rules allows new attorneys to focus more on advocacy than on the procedural requirements applicable in most other fields of practice. Handling a DOVE case provides a new attorney the opportunity to become acquainted with judges, court staff and other attorneys, and the chance to begin integrating into the New Hampshire Bar.
For me, participating in the DOVE program has been an invaluable experience. First, few other practice areas afford attorneys opportunities to help other people on such a fundamental level. Attorneys serving as legal counsel for domestic violence victims play an integral part in securing a victim's personal safety-a basic right most of us take for granted. Even when victims are not faced with physical abuse, they are frequently subjected to extensive psychological abuse. A byproduct of both kinds of abuse is very frequently a sense of worthlessness. That a professional expert in the community believes and is willing to fight for the victim often has a significant positive impact on the psychological well-being of that victim.
On those occasions when a DOVE attorney is successful in obtaining a Final Order on behalf of a victim, the beneficial impacts of the Order extend well beyond the victim. The Final Order prohibits the abuse of the victim's household members and relatives, and the order can also result in the award of the use of a residence and vehicle, and secure child support. These are all basic elements that can help the survivor of domestic violence build a new, safer life with the necessary financial stability.
According to Ginny Martin, the NHBA's Associate Executive Director for Legal Services, DOVE cases are limited in scope to the 173-B hearing only. DOVE volunteers are not expected to provide further representation in the divorce and/or custody case although some generously choose to provide that service. The average time commitment is eight to ten hours. "You can do a lot of good in a small amount of time" says Martin.
In the wake of the 2004 Fall Leadership Conference and the ensuing initiatives that are focusing on energizing the Bar and including new attorneys, I believe there is no better way to bring new lawyers into the Bar than to actively combat domestic violence in our community.
Pamela Dodge, the Coordinator of the DOVE Project, is always on the lookout for willing attorneys to agree to take only two cases per year. This year, Pam is planning a series of local training sessions instead of one statewide training session. The first session will be held in Manchester from 9 a.m. to 1 p.m. on May 19, 2005. Her hope is that these local sessions will generate more local interest in getting involved with the DOVE Project.
Compared to the approximately 200-strong DOVE attorney pool that has existed in previous years, the current pool of 145 attorneys needs your help, especially in the North Country, and Cheshire, Sullivan and Hillsborough (South) counties. If you would like to get involved, call Pam Dodge at (603) 224-6942 or email pdodge@nhbar.org.
David Hilts is an attorney with Hebert and Uchida in Concord. He joined the NH Bar in 2002.
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