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Bar News - July 22, 2005 Domestic Violence Advocacy: Know The Law, Know What to Ask For By: Beverly Rorick Left to right, DOVE attorney Sunny Mulligan Shea, of Stephen A. Cherry & Associates, Laurel O’Connor, staff attorney with NHLA (New Hampshire Legal Assistance) and Valerie Reed, Director of the Domestic Violence Advocacy Project with NHLA, discuss RSA 173-B at the DOVE training. • 8,000 domestic violence victims assisted by NH Coalition Agency members; • 1,500 survivors of sexual assault; • 541 victims of stalking; • in Merrimack County alone,1,000 domestic violence-related cases (combining the above categories). Furthermore, it is estimated that approximately 90 percent of all women in prison and 50 percent of all homeless women are victims of domestic violence. These figures—presented at a recent training seminar of the NHBA Pro Bono Referral Program’s DOVE Project—illustrate the prevalence of domestic violence in New Hampshire. (*The statistics cited above are from the NH Coalition Against Domestic & Sexual Violence and count only victims assisted by Coalition agencies in that year.) Attorneys participating in the DOVE Project help many victims of domestic violence find safety and obtain economic security for their families each year. Nancy A. Francoeur, who recited the above statistics, is the executive director of the Rape and Domestic Violence Crisis Center and a member of the Domestic Violence Fatality Review Committee, which annually examines the factors involved in domestic-violence related homicides in the state. Francoeur said that domestic violence can be difficult to define—a particularly important point for attorneys. “Domestic violence is a pattern of control upheld by various forms of abuse, one of which is physical,” she said. “Holding to prevent movement, a push or a shove, all are as much domestic abuse as a slap or a punch.” The Role of the DOVE Attorney DOVE Project volunteer attorneys accept cases brought to their attention by crisis center advocates on behalf of victims of domestic violence. These referrals are limited in scope to the final restraining order hearings under RSA 173-B. Pamela Dodge, DOVE Coordinator at the Bar Association, coordinates the program and matches attorneys with local crisis center agencies. As a part of its support for DOVE attorneys, the Pro Bono Referral Program provides special training and the assistance of experienced attorney mentors when needed. The following highlights are from the seminar that took place on June 16 at the Holiday Inn in Concord. Several faculty members, in presentations and discussions, made the point that domestic violence does not necessarily involve a violent act, but includes criminal threatening, some of which can be very subtle. Such threats may concern the children: “If you leave me, you’ll never see your kids again.” It can also mean menacing body language or stalking—or sexual abuse: being made to do things of a sexual nature which you don’t want to do. All of these intimidating behaviors represent documentable threats of violence. Police Involvement “We have four or five cases of domestic violence going every day,” Chief Timothy Russell of the Henniker Police Department said, “and 50 percent of all homicides are related to domestic violence.” Russell, an instructor on domestic violence law and investigation at the NH Police Academy and a member of the Governor’s Commission, spoke to the seminar about police procedures. “Most women leave their partners seven to 10 times before making the final break,” he went on. For many women, leaving involves a frightening leap of faith, since most victims have nowhere to go and no financial means to support themselves or their children. “But we want women to know that no matter how often they have called before, we don’t want them to hesitate to call again if their safety is threatened.” Russell also discussed police protocol for officers responding to a 911 call: they must identify and remove the aggressor and assist the victim in obtaining an emergency protective order if the courts are closed. Such an order is valid only until the next business day; the victim then may petition the court for a restraining order. RSA 173-B RSA 173-B defines domestic abuse and lays out the procedure for obtaining restraining orders, both temporary and permanent. Laurel O’Connor, a staff attorney with NHLA (New Hampshire Legal Assistance), said the DOVE attorney should advocate to have a hearing held as soon as possible, so that the victim can get the help she needs to secure custody and child support, financial assistance, etc. O’Connor provided a list of helpful hints: 1) Thoroughly interview the client, so you really have all the facts; 2) Help the client stay focused when you get to court—the victim may become frightened when she sees the defendant and lose her focus; 3) Lay the foundation for your case before the court—have the NH Criminal Code with you and know what it says; 4) Make your closing statement brief and to the point; 5) Never run down the defendant; show culpability without defaming the defendant. 6) If necessary, bite your tongue! Ethics Viewpoint Janet F. DeVito, Assistant General Counsel for the NH Supreme Court Attorney Discipline Office and a member of the NHBA Ethics Committee, spoke to the group from an ethics perspective, listing the “Four C’s”—critical requirements often not treated by attorneys with the attention they deserve: 1) be competent; 2) communicate well; 3) be able to resolve conflict; 4) always practice candor before the court. DeVito added the following caveats: “Always be aware of your deadlines; keep in touch with your client—listen to your phone messages; remember that it is an ethics violation to talk with both parties; never take a case in which you have ever done anything for the opposing party—even speaking on the phone; and don’t ever knowingly make a false statement to the court.” Legislation and Domestic Violence In the afternoon session, Linda Griebsch, who was involved in drafting and passing RSA 173-B and is currently public policy director for the NH Coalition against Domestic and Sexual Violence, led a discussion of case law and pending legislation. It’s a mind-boggling task to track all the legislation submitted—over 1,000 bills; about 77 are actually being tracked. To assist DOVE attorneys in understanding case law, the DOVE manual contains several cases for study and discussion, including State v. Kidder, which found that the statute does not allow attorneys representing a defendant in a domestic violence case to contact the victim on behalf of the defendant without specific court permission. A bill toallow attorney contacts with persons protected by such orders failed to pass the legislature (The July 8 Bar News incorrectly reported the bill had passed. New legislation is expected to be introduced.) The Bench’s Point of View Family Division Judge Susan B. Carbon also addressed the training session. She expressed admiration for the important work of the DOVE attorneys and offered suggestions on effective advocacy from a judge’s viewpoint. Demeanor in court is extremely important. “Always be respectful, not just to the court, but to your opponent and to his or her client,” she said. Also: • Interview your clients very carefully to prepare for the court appearance. A DOVE attorney should be able to draw from the client specifics that get to the heart of the matter, so as not to waste the court’s time. • When you get ready to go into court, know what you want; define clearly whatever definition of abuse you are petitioning under. “You have a responsibility as the legal representative to know the law,” Judge Carbon concluded. “When working with advocates outside the court and with judges and attorneys in court, be able to identify your cause of action by the number of the statute—know the provisions and cite them.” The next DOVE training seminar will be held Thursday, August 11, 2005 from 10:00 a.m. - 4:00 p.m. at Green Granite Inn and Conference Center, North Conway. Should participants wish to stay overnight, they are encouraged to make reservations at the center for Wednesday or Thursday evening at the discounted rate of $121.46 + tax per night. Amenities include: indoor and outdoor pools, hot tubs, fitness center, game room, playground, family movies, complimentary hot breakfast buffet and much more. Find more information and registration form at www.nhbar.org. In the meantime, attorneys wishing to inquire about DOVE or wanting to join a referral panel in their area, are encouraged to contact Pam Dodge at (603) 224-6942 or at pdodge@nhbar.org. |
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