Crisis Call Responses *Legal
Client calls and says that they've written a draft of their restraining order statement, but that they're not sure if it's good enough or not.
How do you respond? Do you make a referral to the legal advocate or address the concern through the crisis call?
Address the concern in the call. Questions regarding restraining orders are a process all advocates should feel confident responding to.
If the client wants someone to review their statement, encourage them to stop in with their statement as a walk-in for an advocate to look over, or if you have the capacity, invite the client to send the statement to you via email for review.
A client isn't feeling safe in their home due to domestic violence, and wants to terminate their lease. What two things does the client have to provide their landlord with in order to do so?
1) Legally acceptable notice that the client wishes to terminate the lease.
2) A certified copy of either: a restraining order, a no-contact order, a criminal complaint of dv, sexual assault (against adult or child), or stalking.
What is the first thing we should do when a client reaches out to the crisis line seeking services?
Gather background information
Client: "My boyfriend was arrested a few nights ago for attempting to choke me. I want to make sure that he can't come back to our apartment when our 72 hr no-contact expires tomorrow."
Do you complete the legal/housing referral, or do you utilize crisis procedure? If you complete the referral, do you complete just the legal referral, just the housing referral, or both?
Crisis procedure. This is a crisis. We know this because:
1) There is an immediate risk to the client's safety.
2) Client is interested in an ro. This is a process that all advocates should be well-versed on. Client can schedule an appointment, if there's one available, or should be encouraged to come in as a walk-in.
A client calls looking for Macrina to answer some questions about the Stipulation to Change Placement/Custody paperwork they're working on from their last appointment.
What do you do? Forward the call to the legal advocate's voicemail, or answer the client's questions in the call?
Refer to legal advocate's voicemail.
If you feel confident in your knowledge of this process, you're welcome to try to answer the question in the phone call, but this is not a process that most advocates are expected to be well-versed on.
Plus, it's clear from the call that the client has met with the legal advocate before. These are questions that the legal advocate will be better equipped to address.
A client calls and says that they requested that their landlord change their locks, because their partner kept coming by the house at night without permission, but now the landlord is telling them that they're responsible for paying for the changes. Is this true?
Yes. Whether you or the landlord changes the locks, you are responsible for the changes.
In their initial appt with a client, the adult outreach advocate realizes that the client is in need of extensive legal/housing assistance. What should they do?
Complete the legal/housing advocacy referral form and submit to the legal/housing advocate.
Client: I had my temporary order hearing for my divorce last week. My husband gets to stay in the residence, and I have to move out by the end of the month, but I have nowhere to go. I want to know what my next steps are, and I need help filling out my Marital Settlement Agreement paperwork.
Do you complete the legal/housing referral, or do you utilize crisis procedure? If you complete the referral, do you complete just the legal referral, just the housing referral, or both?
Complete the legal and housing referrals.
Client has appeared in court for their divorce, which means a timeline has been established. Complete the legal referral.
Client must leave the residence by the end of the month, and has nowhere to go. Housing resources are needed. Complete the housing referral.
If a client calls to ask about how they should submit evidence for their upcoming restraining order hearing, should the responding advocate answer the question, or should they automatically complete the legal advocacy referral form, since this is a legal question?
Answer the question. Since this will typically be a quick question to answer, if you don't know the correct response, get the client's contact info and call them back once you've had a chance to get the correct answer.
Client: "My friend told me that I can break my lease because of domestic violence. If I do, do I have to pay rent?"
This is a question that can be answered in this brief phone call, provided the client has no additional questions/concerns. How would you respond?
If you properly notify your landlord that you're ending your lease and moving out, you only have to pay rent for whichever is later:
the month in which you give notice + the following month
or
the month during which you actually move out + the following month
True or false: Once a client has been referred for legal/housing assistance, the adult outreach advocate/shelter advocate will no longer meet with the client?
False
Client: Macrina attended my restraining order hearing last week, but now I want to file for divorce, and I'm not sure what the process looks like or where to start. What should I do?
How do you address this client's concerns? Refer to legal advocate or set up an appointment with an adult outreach advocate?
Set up appointment with adult outreach advocate.
Client has worked with legal advocate for other issues, but client wants basic information about the divorce process, which all advocates should be well-versed on.
If the client has additional questions about the divorce process that the adult outreach advocate cannot answer, then a referral can be made to the legal advocate.
Encourage the client to document the injuries and contact CPS and/or law enforcement to file a report.
A client calls and tells you that they met with an advocate last week and did some safety planning after their partner was arrested for a fight started in their apartment. The client now tells you that their landlord has just posted an eviction notice, telling her they'll have to leave their apartment. Do they have to leave?
Not necessarily. Victims may have a defense against eviction if they can prove that the landlord knew, or should've known, that the eviction is based on one of the following:
a) actions were committed by someone who was not a guest of theirs
b) actions were committed by someone who was a guest of the tenant's, but that guest committed sexual assault or perpetrated domestic violence against said tenant, and the tenant has filed a restraining order or criminal complaint to corroborate this.
What legal/housing procedures should all advocates have a baseline knowledge of?
Restraining orders, divorce/separation, landlord/tenant laws, VISPIDAT
Client: "My landlord turned off my water. She's my boyfriend's mom, and she does this whenever I won't let him see the kids. Is she allowed to do this? What should I do?"
Is this a crisis, or is this a referral?
This is a crisis. The client clearly is not safe in their current environment and needs support as soon as possible.
Attempt to help the client remain safe in the home. If you're unsure what the client's rights are as it relates to landlord/tenant law, get the client's contact information and call them back with an answer once you've had a chance to address the primary concern.
If the client is interested in additional resources after this point. Set them up with an initial appointment with an adult outreach advocate.
A client calls and says that she's separated from her partner, but he keeps calling her and asking to see their newborn baby, telling her that she can go to jail if he's not allowed to see the baby. She says she knows he's the father, but they're not married, and he's not on the baby's birth certificate. Does she have to let him see their baby?
Is this a question that should be referred to a legal advocate?
Not necessarily. Paternity is something that all advocates should have a baseline knowledge of. The question "Do I have to let him see our baby?" is general, and since you know that paternity hasn't been established, you can easily give the answer, which is no.
In WI, paternity must be established in order for a paternal parent to exercise any sort of right to placement/custody/visitation. Since the father isn't on the baby's birth certificate, paternity hasn't been established, and he has no legal right to the child until it has been. The client can be advised to tell her former partner that if he wants to see the baby, he can petition the court for a paternity action.
That said, if any type of court action has already been initiated, a timeline has been established, and this is a client who should be referred to a legal advocate as soon as possible.
A client calls and reveals that their partner has been using abusive behaviors them for quite some time, and that they want to leave, but don't know whether or not they can break their lease. Under what conditions can the client break their lease?
1) Client or child faces immediate threat of serious physical harm from another if they stay in the home (domestic violence, sexual assault, or stalking).
Without looking at your flow chart, can you name the steps for our new Outreach Referral Process when a client first reaches out via crisis call/walk-in for assistance?
1) Client calls/walks-in
2) Ask questions and gather background on client's case
3) If legal/housing issue, determine if it's urgent or not
4) If urgent, complete the referral form and submit to legal/housing advocate. If not, set up appt. with adult outreach advocate.
Client: "My girlfriend threatened me with a knife yesterday. She says she's going to take the kids away from me during our placement/custody court hearing at the end of the month. I don't feel safe at home, but I have nowhere else to go. I want to know what I can do during our hearing to protect my kids.
Do you complete the legal/housing referral, or do you utilize crisis procedure? If you complete the referral, do you complete just the legal referral, just the housing referral, or both?
BOTH.
Client is in danger and doesn't feel safe at home. This is a crisis. Client should be encouraged to come in for crisis management/safety planning as soon as possible.
Client also has established a timeline. They have a court hearing at the end of the month, and want to know what to do to advocate for their kids. Complete the legal referral.
Client also doesn't know where to go to be safe. This is urgent. If they come in for safety planning and don't want to utilize shelter/have no other support system, support is needed soon. Complete housing referral.