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S A  S

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Comprehensive Issue Spotting:

A Tool for Civil Attorneys Representing

Victims of Domestic & Dating Violence,

Sexual Assault & Stalking

What Is is Tool?

is is a client-centered tool for civil attorneys new to representing victims of

domestic and dating violence, sexual assault, and stalking to provide comprehensive

representation and advocacy for their clients. is tool is not an intake sheet or a

broad referral list, but should be used in conjunction with those items to facilitate

eective and holistic client centered representation. is tool does not comprehensively

address the specic needs of tribal communities.

How To Use is Tool

To maximize its usefulness, complete the Referral sections of this tool before using

it with your clients. Completion of the referral sections requires individual attorneys

to develop relationships with other local service providers in order to facilitate eective

service delivery. Doing this well once will save time in the future!

Go through each topic heading with your clients. Each question under the dierent

headings is designed to allow the attorney and their clients to identify other areas that

their clients may need assistance with, even though it may be outside the scope of the

attorney’s area of representation and to encourage their clients to think about their

lives holistically. Once you have identied areas for which your clients need assistance

outside of your expertise, provide them with the knowledge and information to make

informed decisions regarding accessing additional resources.

Ethical Responsibilities in Making Referrals: When referring your clients for legal

services, please keep in mind your ethical duties and responsibilities. Many states have

specic guidance regarding lawyers providing referrals. For this reason, we encourage

you to refer clients to organizations rather than individuals.

Victim Privacy Note: Being a victim of a crime raises complex issues related to victim

privacy, condentiality and privilege. It is important for the attorney to understand the

intersection of these issues in order to properly inform clients about how to protect their

privacy and how to authorize any releases of private information. Similarly, clients need

assistance in understanding how to provide informed consent when releasing private

information in order to maintain control over their personal information.

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is project was supported by Grant No. 2005-WT-AX-K011 awarded by the Oce on

Violence Against Women, United States Department of Justice. e opinions, ndings,

conclusions, and recommendations expressed in this document are those of the author

and do not necessarily reect the views of the United States Department of Justice,

Oce on Violence Against Women.

PLEASE NOTE: Pursuant to 28 CFR §70.36(a), the recipient may copyright any work

that is subject to copyright and was developed, or for which ownership was purchased,

under this award. e Oce on Violence Against Women reserves a royalty-free, non

exclusive and irrevocable right to reproduce, publish or otherwise use the work, in

whole or in part, (including in the creation of derivative works), for Federal purposes,

and to authorize others to do so. e Oce on Violence Against Women also reserves

a royalty-free, non exclusive and irrevocable right to reproduce publish or otherwise

use, in whole or in part (including in the creation of derivative works), any work

developed by a sub recipient of this award, for Federal purposes, and to authorize

others to do so.

e views expressed herein have not been approved by the House of Delegates or the

Board of Governors of the American Bar Association and, accordingly, should not be

construed as representing the policy of the American Bar Association.

ISBN 1-60442-019-7

For permission to reprint or adapt the contents of this publications, please contact:

American Bar Association

Contracts & Copyright

750 N. Lake Shore, Drive

Chicago, IL 60611

(312) 988-6101

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RESOURCES

ere are a number of organizations that receive funding to provide assistance to

civil attorneys representing survivors of domestic and dating violence, sexual assault

and stalking. If you have questions about any of these issues, please do not hesitate to

contact one of the providers listed below.

American Bar Association

Commission on Domestic Violence

740 15th Street, NW

Washington, DC 20005

TELEPHONE: 202-662-1744

FAX: 202-662-1594

WEBSITE: www.abanet.org/domviol

EMAIL: abacdvta@sta.abanet.org

ASISTA

515 28

th

Street

Des Moines, IA 50312

TELEPHONE: 515-244-2469

FAX: 515-244-7417

WEBSITE: www.asistaonline.org

EMAIL: questions@asistaonline.org

Battered Women’s Justice Project

1801 Nicollet Avenue S., Suite 102

Minneapolis, MN 55403

TELEPHONE: 800-903-0111, ext.1

FAX: 612-824-8965

WEBSITE: www.bwjp.org

EMAIL: technicalassistance@bwjp.org

Legal Resource Center on

Violence Against Women

6930 Carroll Avenue, Suite 400-S

Takoma Park, MD 20912

TELEPHONE: 301-270-1550

FAX: 301-270-7272

WEBSITE: www.lrcvaw.org

EMAIL: rc@lrcvaw.org

Immigrant Women Program

Legal Momentum

1101 14th Street, NW Suite 300

Washington, DC 20005

TELEPHONE: 202-326-0040

FAX: 202-589-0511

WEBSITE: www.legalmomentum.org

EMAIL: iwp@legalmomentum.org

National Stalking Resource Center

National Center for Victims of Crime

2000 M Street, NW Suite 480

Washington, DC 20036

TELEPHONE: 1-800-FYI CALL

EMAIL: gethelp@NCVC.org

Victim Rights Law Center

18 Tremont Street, #220

Boston, MA 02108

TELEPHONE: 617-399-6720

FAX: 617-399-6722

WEBSITE: www.victimrights.org

EMAIL: legalhelp@victimsrights.org

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Table of Contents

I. Safety: Protection Orders

II. Criminal Matters

III. Sexual Assault

IV. Stalking

V. Immigration

VI. Children: Custody

VII. Disabilities & Deafness

VIII. Financial Concerns:

Income & Consumer Debt

IX. Employment

X. Housing

v

1

2

I. Safety: Protection Orders

e client’s safety is central to any legal assistance that is provided and a continual

discussion and consideration of the client’s safety is critical throughout the attorney-

client relationship.

1. Does the client fear for her safety? ____________________________________

Does the oender have a gun? ______________________________________

Has the oender ever threatened the client with the gun or

another weapon? ________________________________________________

2. Does the client have child(ren)? Is the oender a parent of the child(ren)?

________________________________________________________________

3. Does the client currently have a protection order/restraining

order (emergency, temporary, “permanent”, civil, criminal)

against the oender? _______________________________________________

4. If the client’s protection order is civil,

What type? (Domestic violence, anti-harassment, sexual assault, stalking)

______________________________________________________________

Has it been violated? _____________________________________________

How many times? _______________________________________________

Have the violations been reported to law enforcement? __________________

Is the order registered with the local law enforcement oce? _____________

5. What, if any, is the relationship between the client and the oender? _______

________________________________________________________________

6. Does the client or oender have any mental health needs?

_________________

________________________________________________________________

7. Does the client or oender have a history of drug or alcohol abuse? _________

If yes, how is the client dealing with those issues now? ___________________

______________________________________________________________

•

Safety:

Protection Orders

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2

Safety:

Protection Orders

I. Safety: Protection Orders

Who has legal expertise in civil protection orders in the community? _______

________________________________________________________________

What is the local domestic violence shelter and/or domestic violence or

sexual assault agency? _____________________________________________

________________________________________________________________

Who, in addition to yourself, can assist the client with safety planning?

________________________________________________________________

Who is the local victim services contact at the prosecutor’s oce?

________________________________________________________________

What resources and/or legal expertise are there in your community for

the following specic issues:

Lesbian, Gay, Bisexual, Transgender, Transsexual,

and Queer Clients: ______________________________________________

Youth: ________________________________________________________

Older or/and dependent adults:_____________________________________

Who or what local agency provides mental health counseling? ____________

________________________________________________________________

Who or what local agency provides substance abuse counseling? __________

________________________________________________________________

■

•

■

Local Resources for the Attorney to Complete

Include all relevant information: contact names, addresses, phone numbers,

email addresses, web sites, times and dates of operation, etc.

3

4

Criminal Matters

II. Criminal Matters

A civil attorney representing victims of domestic violence or dating violence, sexual

assault or stalking needs to know if there is a concurrent criminal matter related to the

violence. A client may have reported the violence to the police but may not know what

the status of the case is – e.g., whether it is being investigated or whether the oender

has been formally charged with a crime. Or, the client may have already received a

subpoena to attend the trial as the complaining witness.

1. Did the client report the violence to law enforcement? ___________________

If yes, when? ___________________________________________________

If yes, does the client know what the status of the case is? _________________

______________________________________________________________

2. Does the client understand what their role is in the criminal process?

________________________________________________________________

3. Does the client understand that the criminal case is a separate

process from seeking and obtaining any civil legal remedies? ______________

________________________________________________________________

It is important for the client to understand the advocates from the prosecutor’s oce are

not in a condential relationship with the client – whereas advocates from community

based agencies are more likely to be able to oer clients condentiality.

4. Does the client have a victim advocate? _______________________________

________________________________________________________________

If so, who? _____________________________________________________

5. Does the client have concerns about privacy? ___________________________

________________________________________________________________

6. Has the client communicated with the prosecutor? ______________________

________________________________________________________________

If yes, does the client understand that the prosecutor is not their

attorney and cannot protect their privacy? ____________________________

______________________________________________________________

•

3

4

Criminal Matters

II. Criminal Matters

Who is the local victim services contact at the prosecutor’s oce?

________________________________________________________________

Who are the local domestic violence and/or sexual assault prosecutor(s)?

________________________________________________________________

Is there someone who has legal expertise in representing the privacy

interests of crime victims? __________________________________________

________________________________________________________________

What is the local rape crisis center or domestic violence agency?

________________________________________________________________

Does your state jurisdiction recognize privilege between domestic violence/

rape crisis center advocates and victims of domestic violence, sexual assault

or stalking?

If so, what is the scope of that privilege? ______________________________

______________________________________________________________

■

•

Local Resources for the Attorney to Complete

Include all relevant information: contact names, addresses, phone numbers,

email addresses, web sites, times and dates of operation, etc.

5

6

Sexual Assault

III. Sexual Assault

Many victims of domestic violence are also victims of sexual assault. It can be

very dicult for sexual assault victims to talk about sexual violence. Sensitivity is

imperative. Because sexual assault encompasses more than rape it is important to ask

these questions as broadly as possible.

1. Is the client safe? __________________________________________________

2. Has anyone forced or tricked the client into unwanted

sexual contact or sexual activities? ___________________________________

3. What is the client’s relationship with the oender, if any? _________________

4. Has the client sought medical attention as a result of the assault? ___________

Is the client concerned about becoming pregnant or contracting

a sexually transmitted infection due to the assault? ______________________

Does the client have medical bills or other income loss as

a result of the assault? ____________________________________________

5. Has the client received counseling since the assault? _____________________

Privacy issues are critical. If the client has received counseling since the assault it

is potentially discoverable information – thus possibly impacting the victim’s life in

many unforeseen and unintended ways.

6. Is the client having problems in school because of the assault? _____________

________________________________________________________________

7. Is the client having problems at work because of the assault? ______________

________________________________________________________________

8. Did the client report the assault to the police? __________________________

If yes, is the client currently involved in criminal

prosecution of the assault? ________________________________________

What is the name of the prosecutor on the case? _______________________

Does the client know if a criminal no contact order was issued? ___________

______________________________________________________________

9. Where was the client assaulted? ______________________________________

________________________________________________________________

•

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III. Sexual Assault

What is the local rape crisis center? __________________________________

________________________________________________________________

Who in your community or nationally has legal expertise on personal injury

sexual assault cases? _______________________________________________

________________________________________________________________

Who in your community or nationally has legal expertise on Title IX and

school-based rights? ______________________________________________

________________________________________________________________

Who is the local victim services contact at the prosecutor’s oce?

________________________________________________________________

Who prosecutes sexual assault cases in the community of the client?

________________________________________________________________

■

Local Resources for the Attorney to Complete

Include all relevant information: contact names, addresses, phone numbers,

email addresses, web sites, times and dates of operation, etc.

Sexual Assault

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8

Stalking

IV. Stalking

It is important for the attorney to be aware of stalking behavior. Many victims of

domestic and dating violence and sexual assault experience stalking behavior but may

not identify it as such. Nevertheless, it is a crime and there are also civil remedies in

many jurisdictions.

1. Has the oender committed two more acts that have placed the

client in fear for their safety or caused them emotional distress?____________

Has the oender followed the victim on more than one occasion? __________

Has the oender sent harassing phone, email or text messages

to the client? ___________________________________________________

Is the oender placing the client under some kind of surveillance

in person, through technology, or through third parties? _________________

What other types of behavior has the client experienced? ________________

______________________________________________________________

2. Did the client report the stalking behavior to the police? __________________

If yes, what happened as a result? ___________________________________

______________________________________________________________

If no, does the client want to make a police report? _____________________

3. Does the client know if anything is happening with the report?

Is the case being investigated? ______________________________________

Has the oender been formally charged with a crime? ___________________

Has the client been subpoenaed to testify in court? _____________________

If yes, do they want to testify? ______________________________________

4. Does the client have any concerns about their privacy? ___________________

If so, what are they? ______________________________________________

______________________________________________________________

•

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8

Stalking

IV. Stalking

Who locally has legal expertise in civil protection orders (domestic violence,

sexual assault, stalking or anti-harassment orders)? _____________________

________________________________________________________________

Who locally has legal expertise in civil remedies for stalking victims? ______

________________________________________________________________

Who is the victim services contact at the local prosecutor’s oce? _________

________________________________________________________________

■

Local Resources for the Attorney to Complete

Include all relevant information: contact names, addresses, phone numbers,

email addresses, web sites, times and dates of operation, etc.

9

10

Immigration

V. Immigration

ese types of questions may raise fear in many individuals, so it is important to be

sensitive when asking these questions and to provide a context for why you are asking

them. e purpose of obtaining this information is to explore whether the client may

be eligible for remedies for immigrant victims of domestic violence, dating violence,

sexual assault or stalking. Many people are unclear about their immigration status,

so it is important to ask for documentation when possible.

1. What is the client’s immigration status in the United States? _______________

________________________________________________________________

2. What is the immigration status of the oender? ________________________

________________________________________________________________

3. If children are involved, what is their immigration status? ________________

________________________________________________________________

4. Is the client in immigration court proceedings and have they ever been

deported/removed? _______________________________________________

5. Does the client have work authorization? ______________________________

6. Has the client reported any of the violence to law enforcement? ____________

7. Has the client applied for public benets? ______________________________

8. Has the client been convicted of a crime? ______________________________

9. Has the oender been convicted of a crime? ____________________________

10. Is there a way for the attorney to make legal services more

accessible to the client? _____________________________________________

Is the client Limited English Procient? (For example, do they need

interpreters or bilingual advocates?) _________________________________

•

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10

Immigration

V. Immigration

Who is a local expert on immigration matters? _________________________

________________________________________________________________

Who has legal expertise specic to battered immigrants, including

tracking? ______________________________________________________

________________________________________________________________

Who has legal expertise on accessing public benets for immigrant victims?

________________________________________________________________

Who has legal expertise on the impact of criminal matters on immigration

status? (For example, if the client also has a criminal matter pending, such as a

moving violation, shopliing charge, etc., how might that issue impact their status?)

________________________________________________________________

What is the local community-based immigration agency? ________________

________________________________________________________________

What are resources for nding qualied interpreters or bilingual advocates?

________________________________________________________________

■

Local Resources for the Attorney to Complete

Include all relevant information: contact names, addresses, phone numbers,

email addresses, web sites, times and dates of operation, etc.

11

12

Children: Custody

VI. Children: Custody

1. Does the client have minor children? (If no, then skip this page.) ____________

2. Are the client’s children related to the oender? ________________________

If so, how? _______________________________________________________

3. Where are the children now? ________________________________________

________________________________________________________________

4. Has the oender harmed the children? ________________________________

Does the client know if children have witnessed or been present

during an assault? _______________________________________________

5. Since the assault, has anyone ed with the children from one jurisdiction

to another? ______________________________________________________

6. Does the client have legal and/or physical custody of the children

(any prior court orders)? ___________________________________________

If yes, has the custody order been registered? __________________________

If no, does the client need custody of the children? ______________________

7. Has paternity of the children been established? _________________________

8. Has anyone ever made threats to ee to another country with

the children? _____________________________________________________

Has the oender ever made any threats or taken steps to abduct the children?

______________________________________________________________

9. Does the client have or ever had a case for Temporary Assistance for

Needy Families (TANF), food stamps, and/or Medicaid on behalf

of the minor children? ______________________________________________

Does the client know of any prior orders regarding child support?

Is the payor delinquent? __________________________________________

•

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12

Children: Custody

VI. Children: Custody

Who locally has legal expertise on parental abduction (including

Int’l Abduction and Hague cases)? ___________________________________

________________________________________________________________

Who is a good family law resource with expertise on jurisdictional issues?

________________________________________________________________

What is the local child support enforcement agency? ____________________

________________________________________________________________

Who has legal expertise on battered immigrant remedies in family law cases?

________________________________________________________________

Who is a good counseling referral for children? _________________________

________________________________________________________________

■

Local Resources for the Attorney to Complete

Include all relevant information: contact names, addresses, phone numbers,

email addresses, web sites, times and dates of operation, etc.

13

14

Disabilities

and/or Deafness

VII. Disabilities and/or Deafness

Many people who have injuries or illnesses, and/or are hard of hearing or Deaf are

considered disabled under state or federal law, however they do not consider

themselves to have a disability. us, it is important for the attorney to ask a few

additional questions to ensure that the attorney has obtained the necessary

information from the client.

1. Does the client (or the client’s children) have any physical and/or

mental disabilities? ________________________________________________

________________________________________________________________

2. Is the client (or the client’s children) Deaf or hard of hearing? _____________

________________________________________________________________

3. Is the client receiving public benets based on a disability or has the

client applied to receive public benets for themselves and/or their

children based on a disability? _______________________________________

________________________________________________________________

Was the client or the children approved or denied? _____________________

4. Is the client currently receiving public benets due to a disability or

that of the client’s children? _________________________________________

5. Is there a way for the attorney to make legal services more accessible to the

client? (For example, video relay, TTY, physical access concerns)

________________________________________________________________

6. What is the best way to communicate with the client? ____________________

________________________________________________________________

•

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14

Disabilities

and/or Deafness

VII. Disabilities and/or Deafness

Who is a good referral source at the local Social Security Oce? __________

________________________________________________________________

Who has legal expertise in disability rights? ___________________________

________________________________________________________________

Who has legal expertise in Deaf advocacy and Deaf culture? ______________

________________________________________________________________

Who has expertise in disability benets? ______________________________

________________________________________________________________

What is the local and/or state Protection & Advocacy System Agency? ______

________________________________________________________________

■

Local Resources for the Attorney to Complete

Include all relevant information: contact names, addresses, phone numbers,

email addresses, web sites, times and dates of operation, etc.

15

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Financial Concerns

VIII. Financial Concerns: Income & Consumer Debt

1. Has the client incurred debt as a result of their victimization? _____________

________________________________________________________________

2. Does the client have health insurance? ________________________________

________________________________________________________________

3. Has the client submitted a claim for crime victim’s

compensation benets? _____________________________________________

If yes, what is the status of the claim? ________________________________

______________________________________________________________

4. Does the client have medical and/or counseling bills? ____________________

________________________________________________________________

5. Has the client applied for public benets (Temporary Assistance

for Needy Families, food stamps)? If no, would the client like to? ___________

________________________________________________________________

6. Since the assault, has the client led for bankruptcy? _____________________

________________________________________________________________

7. Has the client led taxes? ___________________________________________

________________________________________________________________

8. Does the client have any civil judgments against them? ___________________

________________________________________________________________

•

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Financial Concerns

VIII. Financial Concerns: Income & Consumer Debt

Who will assist the client with their victim’s compensation application?

Is there a local oce where the client can go to apply? ___________________

________________________________________________________________

What is the local agency that has expertise in eligibility for Medicare or

Medicaid (depending upon the age of your client)? ______________________

________________________________________________________________

What is a local resource for clients who need consumer debt

reduction planning? _______________________________________________

________________________________________________________________

What is a local resource that can help with taxes and innocent spouse relief?

________________________________________________________________

■

Local Resources for the Attorney to Complete

Include all relevant information: contact names, addresses, phone numbers,

email addresses, web sites, times and dates of operation, etc.

17

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Employment

IX. Employment

Victims may experience problems at work as a result of the violence in their lives.

ey may have diculty getting to work, concentrating at work, or may need to take

time o from work to attend court proceedings, meet with service providers, or heal

from injuries. In addition, the violence may have occurred at work. It is important for

the attorney to ask these questions in order to help the victim keep their job if they wish

or obtain other remedies if the client has already le their employment.

1. Is the client currently employed? _____________________________________

2. If yes, is the client experiencing any performance-related issues

at work or missed work due to the domestic violence, sexual assault, stalking

or dating violence? ________________________________________________

Has the client notied the employer of the incidence of violence? __________

Did the violence occur at the workplace? _____________________________

Has the client experienced discrimination at work because

of the client’s status as a victim? _____________________________________

3. If no, did the client lose their job due to the violence/stalking? ____________

Has the client applied for unemployment insurance? ___________________

Does the client want their job back? _________________________________

Does the client want job training or assistance with

obtaining another job? ___________________________________________

4. Does the client need to miss work for upcoming court dates

or medical appointments related to the violence? ________________________

________________________________________________________________

5. Is the client being stalked at work by the perpetrator? ____________________

________________________________________________________________

•

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Employment

IX. Employment

What is local oce where the client may apply for unemployment

insurance benets? _______________________________________________

________________________________________________________________

Who locally or nationally has legal expertise in employment law and domestic

violence, sexual assault, and stalking? ________________________________

________________________________________________________________

Who is a contact at the local U.S. Equal Employment Opportunity Oce?

________________________________________________________________

What is the local oce charged with enforcement of state and/or local

employment laws? (e.g., Department of Labor, Human Rights Oce)

________________________________________________________________

What is the local job training program oce? __________________________

________________________________________________________________

Who is a good referral if the person who assaulted the client was

the employer? ____________________________________________________

________________________________________________________________

■

Local Resources for the Attorney to Complete

Include all relevant information: contact names, addresses, phone numbers,

email addresses, web sites, times and dates of operation, etc.

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Housing

X. Housing

1. Does the client need housing? _______________________________________

Does the client need to change housing? _____________________________

Is the client experiencing any housing-related problems? _________________

______________________________________________________________

2. Does the client live in public or private housing? ________________________

3. What are the housing options that may be available to the client?

(e.g. family, friends, relatives, shelter) _________________________________

________________________________________________________________

4. Did domestic violence, sexual assault or stalking occur where

the client lives? ___________________________________________________

If yes, how has that impacted the client’s housing situation? ______________

______________________________________________________________

5. Does the client believe they are safe in their home? ______________________

If not, why not? _________________________________________________

______________________________________________________________

6. Has the client been evicted in the past? ________________________________

________________________________________________________________

•

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20

Housing

X. Housing

Who has legal expertise in public housing landlord tenant law and domestic

violence, sexual assault and stalking? _________________________________

________________________________________________________________

What is the local emergency shelter for victims? ________________________

________________________________________________________________

What is the local transitional shelter? _________________________________

________________________________________________________________

What is the local Public Housing Oce and who is a contact there?

________________________________________________________________

■

Local Resources for the Attorney to Complete

Include all relevant information: contact names, addresses, phone numbers,

email addresses, web sites, times and dates of operation, etc.

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