December 21, 2020

Online training for attorneys to help domestic violence survivors launches at crucial moment

BY Jamie Sabino, Rochelle Hahn and Brian ReichartMassachusetts Lawyers Weekly

The COVID-19 crisis has caused another crisis for survivors of domestic and sexual abuse. While many of us are “safer at home,” for those who live with their abusive partners, staying at home may pose physical danger.

Accessing the courts to obtain restraining orders is more complicated now that many proceedings are being held virtually and concerns about COVID make it challenging to travel to a physical courthouse. Survivors face significant technological barriers on top of the longstanding difficulties they have confronted in trying to navigate a maze of unfamiliar court procedures and rules, during a time of great physical and emotional distress.

Although courts and advocates have undertaken efforts to ensure that survivors can indeed seek 209A restraining orders, now, more than ever, lawyers are needed to help survivors navigate these challenges.

For lawyers who want to help address this need as part of their pro bono practice, where to begin? There are a number of legal services and domestic violence programs in Massachusetts that have pro bono panels and provide training and mentoring to volunteer lawyers who are assisting survivors of domestic violence. Find a program that serves your region at Massprobono.org, the statewide pro bono opportunity website.

“As coordinator of a volunteer lawyer 209A panel, I witness firsthand the important work volunteer lawyers do to assist survivors of domestic violence,” said Sarah Lee, staff attorney at the Volunteer Lawyers Project. “These cases are challenging, but to our clients — coming to us in moments of crisis — the representation and support our volunteers provide is crucial.”

If you’d like to start by learning more about what is involved in a 209A hearing, the Massachusetts Law Reform Institute recently launched a free, interactive online overview of the process. The training was developed by MLRI, in conjunction with domestic violence experts from Community Legal Aid, De Novo Center for Justice and Healing, Foley Hoag, Greater Boston Legal Services, MetroWest Legal Services, Northeast Legal Aid, South Coastal Counties Legal Services, and the Women’s Bar Foundation.

The course follows the restraining order process from beginning to end and includes links to key forms and relevant court rules. Throughout the course, users are given a series of “knowledge checks” to apply what they have learned. A companion online course focuses on how attorneys can build effective client relationships with survivors of domestic abuse.

“These online, interactive 209A training courses are wonderful,” said Susan M. Finegan, chair of the Pro Bono Committee at Mintz and co-chair of the Massachusetts Access to Justice Commission. “We know that many attorneys are eager to provide pro bono assistance and would welcome the chance to familiarize themselves with new practice areas, but time is limited. These on-demand modules allow attorneys to train themselves at a time and place convenient to their schedules. We anticipate that this will greatly expand the number of attorneys available across the state to help victims of domestic violence secure needed protection and relief.”

The trainings were developed as part of the CLAVC initiative, a statewide program funded by the Massachusetts Office for Victims Assistance. CLAVC attorneys help victims of crime throughout Massachusetts with their related legal needs, including obtaining 209A restraining orders.

The courses are available for free at www.masslegalservices.org/dvtraining, along with links to attorney volunteer opportunities.

Jamie Sabino and Rochelle Hahn are attorneys at the Massachusetts Law Reform Institute and co-manage the Civil Legal Aid for Victims of Crime Initiative. Brian Reichart is an attorney at the Massachusetts Law Reform Institute.