൯ur community. - United States Courts · 2019-08-29 · Tulsa Area United Way 23%. Misc. 2%....

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Transcript of ൯ur community. - United States Courts · 2019-08-29 · Tulsa Area United Way 23%. Misc. 2%....

Page 1: ൯ur community. - United States Courts · 2019-08-29 · Tulsa Area United Way 23%. Misc. 2%. Program Fees 6%. State Funding 10%. Federal Grants 38%. Private Grants 21%. ... •
Presenter
Presentation Notes
Introduction of Speaker DVIS was formed in 1977. (insert story)** Now, in 2017 Our mission is to rebuild the lives of those affected by domestic violence and sexual assault. In order to effect change for survivors we provide services such as emergency shelter, counseling, advocacy and education. These services all work in conjunction with each other to support survivors in our community.
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DVIS Services

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DVIS

• Largest domestic violence agency in Oklahoma

• 1 of only 10 dual domestic violence programs that also serves offenders

• Founding partner of the Family Safety Center, which was one of the first 15 in the U.S.

• First and only domestic violence agency in Oklahoma to have attorneys on staff

• One of only two agencies in Oklahoma certified to aid victims of adult sex trafficking

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DVIS• First shelter in Oklahoma to house male survivors of domestic

violence & other special populations

• First shelter in Oklahoma to offer a kennel for pets

• First and only shelter in Oklahoma to have children’s counseling services on site

• DVIS also has national accreditation for all outpatient counseling programs through the Commission on Accreditation of Rehabilitation Facilities (CARF) DVIS is the only agency in Oklahoma to be nationally accredited.

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DVIS Locations • Emergency Shelter

– Confidential Location

• Transitional Housing– Confidential Location

• Tulsa Counseling and Administration Office – 3124 East Apache Street, Tulsa, OK

• Sapulpa Counseling Office– 19 North Main, Sapulpa, OK

• Family Safety Center– 600 Civic Center, Tulsa, OK

Presenter
Presentation Notes
There are several tactics that are commonly used for one person to gain power and control over another.
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Emergency Shelter

• Provides safety from domestic violence, sexual assault and adult sex trafficking

• 80-96 bed facility • Advocacy• Case management• Individual and group counseling• Children’s services and childcare• Able to shelter male survivors, those with varying physical

capabilities, and LGBT+ survivors

Presenter
Presentation Notes
There are several tactics that are commonly used for one person to gain power and control over another.
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Emergency Shelter

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Transitional Housing

• A total of 20 apartments• Apartments range between 1, 2 and 3 bedrooms• Case management / Job training• 2 ½ year program• Individual and group counseling• Children's services

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Outpatient Counseling

• Trauma informed counseling for domestic violence, sexual assault and children who have witnessed domestic violence

• Individual, parent and group counseling

• 24-hour hospital advocacy

• 2017 marks the 25th anniversary of offering children’s services

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Outpatient Counseling

Presenter
Presentation Notes
Largest dv agency in Oklahoma 1 of only ? Domestic violence programs to serve offenders
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Outpatient Counseling

• Offender intervention program • 52-week program designed to

reduce risk of re-offending• Cost: $80 for assessment / $25 per

week• Recidivism research (2009-2010) Out of 119 offenders who have

completed 52 weeks, only 4.2% had a new violence offense 1 year after they completed the program. The national average is 20-30%.

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Education & Outreach• Prevention programming in 20 middle

and high schools

• Coaching Boys Into Men

• Healthy Relationships & Dating Violence Prevention

• Screening to Save (for medical professionals)

• Campus Outreach (TCC, TU and Jail)

• University of Tulsa Survivor Advocate

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DVIS Legal Department

1. Protective Order Advocacy• Assist clients with the PO paperwork, making the

process as easy as possible– Advocates do not write the clients’ PO narratives. They merely

help with forms and court requirements

• Safety planning• Connections with resources• Limited courtroom advocacy (PO court and criminal

court only)

2. Legal Assistance

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What Does “Legal Assistance” Mean?

• The Legal Department takes four main types of cases:

1. Divorce cases (with or without children)2. Paternity cases3. Protective orders4. Juvenile deprived actions (October 2019)

• LIMITED pro se (no attorney) paperwork:1. Divorces and paternity2. Writs of habeas corpus (“pick up orders”)3. Other help, depending on the case and circumstances

• Grants for cases in Tulsa and Creek counties

• Partnership with the YWCA for immigration cases

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Intake Process

• Not all who come through the FSC are considered for legal representation

• Affirmative request from the client via a paper form

• Once form is received, conflict checks and an OSCN search are run, then an in-person appointment is scheduled with the client

• After the initial intake appointment, the case is staffed with the attorneys

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What Cases Do We Accept?

• Domestic violence, rape, human trafficking, andstalking cases

• Based on danger score, risk of lethality, incomeand availability of attorneys

• Generally, we balance 200-220 family law cases and 20-30 POcases at anytime between four attorneys

• For divorce and custody cases: up to 250% of the poverty line• For PO’s: up to 400% of the poverty line

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DVIS by the Numbers 2016

Tulsa Area United Way

23%

Misc.2%

Program Fees6%

State Funding10%Federal Grants

38%

Private Grants21%

Funding Sources

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Ethical Concerns in DV Cases

• Attorney-Client contract– Limits to representation

• Client centered approach• Trauma informed approach• Other challenges to representation

– Substance Abuse– Misplaced Anger– Frustrations with attorney & legal system

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Ethical Considerations under the RPC

• Rule 1.14 – Diminished Capacity– Must take reasonable protective actions to protect

the client’s rights if they’re at substantial risk of harm due to diminished capacity

• Rule 1.4 – Communication– Clients need to get the information necessary to

make informed choices• Rule 1.1 – Competency

– This includes recognizing and screening for DV

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Mandatory Reporting

• ALL citizens of Oklahoma are mandatory reporters of child abuse/neglect

• Exposure to domestic violence is considered child abuse in the state of Oklahoma

• Reporting within the ethical bounds of an attorney– Tricky; see Rule 1.6

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Discretionary Reporting

• Threats of Suicide– COPES– Crisis Counseling through DVIS

• (918) 743-5763– National Suicide Prevention Hotline

• (800) 273-8255

• Threats to Others– Assess the seriousness of the threat and refer to a

professional counselor– Discretionary report to law enforcement

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Safety Planning & Evaluation

• Danger Assessment– Weighted score from 0 – 37– The higher the score,

the higher the lethality risk• Power & Control Wheel• Ladder of Lethality

– Violence rarely improves – it escalates• Pros & Cons of Protective Orders

– Ultimately, just paper – not all abuserswill follow it

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Safety Planning Isn’tJust for Clients

• Be especially cautious, as abusers might direct their anger at losing control to you

• Don’t give out your cell phone number if you don’t have to

• Be aware of your surroundings on your way to and from court and at your office– Cameras, extra locks, panic buttons, etc

• Limit public social media presence• Pay attention to the timings of filings

– There are times in the cases that are statistically higher risk for both clients and your self

• Filing, before & after hearings, finalization

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Relevant Statutes

• 10 O.S. § 7800– Mother is presumed to have custody when parents are

unmarried• 43 O.S. § 109.3. 109 (l)(1)

– Rebuttable presumption that abusers should not have sole or joint custody of children and children should not reside with an abuser

• 43 O.S. § 107.2(B)– The presence of domestic violence in a marital relationship

constitutes “good cause” to waive the requirement that Petitioner attend the mandatory educational program concerning the impact of divorce upon children.

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Attorney General’s Confidentiality Program

• Provides a substitute address that can be used when interacting with state and local government agencies. The substitute address serves as the home, work, and school address– Can be used for enrolling children in public schools, driver

license, social services, child support, court documents, protective orders, public utilities, & registering to vote.

• Apply through a certified victims’ services agency• Must be a resident of Oklahoma• Must be a survivor of DV, stalking, or sexual assault

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Self Care

• Self Care is important• How to leave cases at work

– Physical activity• Yoga, running, weight lifting, boxing, yard work

– Meditation– Crafts & Hobbies– Mindless consumption of media– Whatever makes you feel like you again

• Dealing with burn out– Contrary to the song, it is not better to burn out than

fade away

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Self Care Resources

• Lawyers Helping Lawyers – (800) 364-7886• Self Care Resource Center -

https://www.apa.org/helpcenter/self-care

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How You Can Help?

• Pro Bono Panel– Looking for attorneys to take pro bono &

low bono cases- Take cases from start to finish or if we

discover a conflict- Support and resources throughout the

pendency of the case- No minimum or maximum – take what you can, when you can

• “Wish List Wednesday”– dvis.org/how to help/ wish list

• Monetary Donations are used to support our services and programs

– Website DONATE page – All donations are eligible for tax deduction

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Thank You

918.7HELP.ME (918.743.5763)24 hours a day / 7 days a week

dvis.org

DVIS caring for those affected by domestic violence and sexual assault