DV organizations provide a wide range of services to survivors. DV organizations vary in the services they provide to survivors.
Domestic violence organizations provide a wide range of services to domestic violence survivors. In this research, the participating organizations reported an average of 16.62 service types, including:
- Hotlines
- Documentation
- Crisis Counseling/Crisis Intervention
- Lethality/Risk Assessment
- Referrals to Other Social Service Providers
- Safety Planning
- Strengths Mapping
- Education about Domestic Violence and Relationships
- Victim’s Rights Education
- Assistance with Housing
- Counseling
- Help with Protection Orders
- Help with Parenting Plans
- Help with Child Support
- Explain how to File Court Documents
- Explain what Information Survivors Need to Give to the Court
- Connect Survivors to Free Legal Help like Legal Aid or Pro Bono Services
- Attend Court Hearings
- Debrief with Survivors after Court
- Community Outreach
- Other Services
Other Services include: Support Groups, Non-profit Management, Assistance with Divorce, Transportation, Assistance in Family Matters, Emergency SART/DART Dispatch, DV Education to Other Providers, Community Partnership, Assistance to Caregivers through Forensic Interviews, Provide Clothing/Furniture Vouchers, Emergency Shelter, Trauma-Focusing Counseling, Interpretation, Community Referrals, Mitigation Assistance for Criminalized Survivors
Services Provided to Domestic Violence Survivors
112 advocates indicated whether their organization provided these services. This graph illustrates the percentage of advocates that provide these services.
Number of Organizations that Provide Services to Domestic Violence Survivors
79 organization leaders indicated whether their organization provided these services. This graph illustrates the percentage of organizations that provide these services.
In 34 states, DV advocates must refer survivors to other service providers because they cannot provide legal advice to survivors, which creates a service gap for survivors with legal needs. 16 states have begun to address this service barrier with UPL exceptions that permit DV advocates to offer some legal help to survivors.
A thorough search of exceptions to UPL restrictions revealed 10 states that allow DV advocates to provide legal assistance to survivors (Alaska, Arizona, Illinois, Iowa, Michigan, Nebraska, Nevada, North Dakota, Utah, and Washington) and 6 states that allow Allied Legal Professionals (ALPs) (professionals who are not licensed attorneys who serve clients and complement and enhance legal services provided by attorneys) to assist survivors with legal issues (Arizona, Colorado, New Hampshire, Oregon, Utah, and Washington). The contours of UPL exceptions differ from state to state; visit the UPL Database for more details about these different exceptions. Surveyed advocates were asked whether they were authorized to provide legal advice to survivors; 93.7% of advocates indicated they are not authorized to provide legal advice to survivors. Only one advocate that indicated they were authorized to provide legal advice to survivors practices in one of these identified states. This may indicate confusion by the question or lack of clarity of what advocates may assist survivors with when presented with a civil legal issue.
Jurisdictions with DV UPL Exceptions
Jurisdiction | Who is authorized? | What is authorized |
---|---|---|
Alaska | Community Justice Workers | 1) provide legal advice; 2) provide legal information; 3) draft legal documents; 4) advocate for survivors in proceedings |
Arizona | Domestic Violence Legal Advocates/ Allied Legal Professionals | DVLAs may 1) provide legal information regarding orders of protection; 2) provide legal advice regarding court forms and filing; 3) provide legal advice regarding preparing for hearings; sit at counsel table to quietly advise; 5) respond to questions from judge; Allied Legal Professionals may 1) prepare and sign legal documents; 2) provide legal advice; 3) draft and file court documents; 4) appear in court; 5) negotiate legal rights |
Colorado | Allied Legal Professionals | 1) assist in choosing court forms; 2) assist in completing court forms; 3) explain and file court forms and documents; 4) negotiate with opposing party; 5) complete and file settlement agreements; 6) communicate with opposing party; 7) explain court orders; 8) sit at counsel table to advise; 9) make arguments and statements; 10) respond to questions from judge; 11) provide information regarding requirements from the court |
Illinois | DV Advocates | 1) sit at counsel table and confer with survivor; 2) assist in preparation of petitions for orders of protection |
Iowa | DV Advocates | 1) distribute self-represented litigant forms; 2) describe proceedings to survivor; 3) assist survivor as witness; 4) accompany survivor throughout all proceedings; 5) sit at counsel table and confer with survivor; 6) address the court at judge’s discretion |
Michigan | DV Advocates | 1) assist in obtaining, serving, modifying protection orders; 2) provide an interpreter; 3) inform survivor of available resources |
Nebraska | DV Advocates | 1) distribute self-represented litigant forms; 2) describe proceedings to survivors; 3) accompany survivors to proceedings; 4) sit at counsel table and confer with survivor; 5) respond to questions from judge |
Nevada | DV Advocates | 1) provide emotional support for survivor; 2) assist survivor feel safe during court proceedings; 3) be close to survivors in court |
New Hampshire | Allied Legal Professionals | 1) draft court documents and pleadings; 2) represent survivors in specific courts |
North Dakota | DV Advocates | 1) assist in completing court forms; 2) sit with survivor in court proceedings |
Oregon | Allied Legal Professionals | 1) advise regarding legal steps to be taken to achieve goals; 2) assist in completing court forms and drafting pleadings; 3) file court documents; 4) assist with completing discovery; 5) attend depositions; 6) represent in settlement proceedings; 7) advise on options at judicial settlement conferences; 8) assist in preparing for hearings and trials; 9) provide support in hearings; 10) explain court orders and notices |
Utah | Sandbox Authorized Entities/ Allied Legal Professionals | Depends on specific entity’s authorization – For example, CAPP advocates may 1) provide legal information; 2) provide legal process assistance; 3) assist in completing court forms; 4) provide legal advice regarding completing court forms and court presentation; Allied Legal Professionals may 1) assist in completing court forms; 2) assist in choosing court forms; 3) file and serve court forms; 4) explain court documents; 5) file court documents; 6) negotiate and advocate on behalf of survivor in settlement agreement; 7) communicate with opposing party; 8) explain court orders; 9) sit a counsel table to provide support and answer questions from the judge |
Washington | DV Advocates/ Allied Legal Professionals (Program Sunset – no new training) | Advocates may 1) assist in completing court forms for protection against domestic violence; Allied Legal Professionals may 1) explain legal relevancy of facts; 2) explain court procedures and which documents need to be filed; 3) assist in filing and serving court documents; 4) provide self-help materials that include legal requirements; 5) explain court documents; 6) assist in choosing and completing court forms; 7) perform legal research; 8) communicate and negotiate with opposing party |
For more details about these exceptions to UPL restrictions across the country, see the UPL Database.
Some exceptions to the prohibitions against DV advocates providing legal advice exist. Organizations in Arizona, Utah, and Alaska are authorized to provide limited-scope legal advice to DV survivors. These community-based justice worker initiatives, which “involve training and certifying individuals working at community-based organizations to offer legal advice and services in certain case types.” include the Domestic Violence Legal Advocates in Arizona, the Timpanogos Legal Center Certified Advocate Partners Program in Utah, and the Community Justice Workers under the supervision of Alaska Legal Services Corporation attorneys in Alaska.
Allied Legal Professional Programs across the country
Several states have begun implementing allied legal professional programs, which to the extent they include family law services can benefit survivors who have the ability to pay for legal help. States that have implemented these programs include Arizona, Colorado, Minnesota, New Hampshire, Oregon, and Washington. Of these, New Hampshire is an example of a jurisdiction that has specifically targeted DV services by licensing paralegals to provide legal assistance to domestic violence survivors in three jurisdictions throughout the state–Franklin, Berlin, and Manchester. The qualifications for this licensure are a bachelor’s degree in any field or an associate’s degree in a law-related field and two years of experience working under a licensed attorney in good standing in the jurisdiction. Training varies from agency to agency; there is not set protocol for training paralegals to provide limited-scope legal advice to survivors. This paralegal program provides services to individuals whose household income is significantly higher than the legal aid threshold–300% of the federal poverty threshold. Since January 1, 2023, two paralegals at one organization have served 15 survivors and have obtained 15 temporary protective orders. This program has allowed attorneys to assist more individuals with increasingly complex problems because the paralegals are successfully assisting survivors with protective orders. While this program is scheduled to sunset at the end of 2024, there is a bill pending in the state legislature that would extend the length of the pilot for approximately five years and expand this initiative to all circuit and family courts in the state beyond the three currently authorized.
DV Organizations face many challenges when they try to help survivors experiencing legal problems.
Click the drop-downs on each challenge to see what organization leaders had to say about these challenges.
Lack of Funding/Resources
Litigation Violence
Finding Lawyers/Representation
Capacity
Logistical Issues
The Court System
Lack of Training/Understanding
Service Provider Limitations
In the current landscape, 92% of low-income survivors do not get legal help from lawyers. However, when a lawyer is available, advocates perceive their role as adjacent to and supportive of the attorney role.
What is the advocate’s role?
Advocates use a survivor-led model, in which they explore options with the survivor so the survivor can make informed decisions.
Advocates provide direct services to survivors.
Advocates provide a listening ear, resources, and support survivors with nonlegal needs.
Advocates translate and contextualize the civil legal system and its processes for survivors.
What is the attorney’s role?
Attorneys provide possible outcomes to survivors.
Attorneys give legal advice, think about the survivor’s case through a legal lens, and addresses the survivor’s legal needs.
Attorneys work with advocates on the survivor’s case, making trauma-informed care important for attorneys to implement.
While DV advocacy organizations are sometimes able to help with common things such as protective orders, they cannot go beyond and help in more complex cases without violating UPL restrictions.
Many advocates and organization leaders indicated assisting with protective orders is a a service that their organization provides to survivors.