{"id":8590,"date":"2022-11-10T20:59:50","date_gmt":"2022-11-10T20:59:50","guid":{"rendered":"https:\/\/9thstreetjournal.org\/?p=8590"},"modified":"2023-03-27T15:59:10","modified_gmt":"2023-03-27T15:59:10","slug":"a-bitter-choice-for-domestic-violence-survivors-pay-an-expensive-lawyer-or-represent-themselves","status":"publish","type":"post","link":"https:\/\/9thstreetjournal.org\/2022\/11\/10\/a-bitter-choice-for-domestic-violence-survivors-pay-an-expensive-lawyer-or-represent-themselves\/","title":{"rendered":"A bitter choice for domestic violence survivors: Pay an expensive lawyer — or represent themselves"},"content":{"rendered":"

Judge Amanda Maris rocked her gray chair back and forth at the mahogany bench in her courtroom, where she was hearing cases involving domestic violence.\u00a0\u00a0<\/span><\/p>\n

On this October morning at the Durham County Courthouse, only two people sat in the gallery.\u00a0<\/span>The metal hinges of the courtroom doors suddenly unlatched. A short brunette with red highlights entered and speed-walked up to the table where the accuser typically sits, followed by her grandmother. The brunette, named Amy, sported a denim outfit. The grandmother wore a faded paisley blouse.<\/span><\/p>\n

Amy was seeking a temporary protective order against her ex-boyfriend. She didn\u2019t show up with an attorney, and none would arrive.\u00a0<\/span><\/p>\n

An office assistant who desperately hoped to ultimately win a full protective order, she didn\u2019t want to represent herself. But she essentially had no choice.\u00a0<\/span><\/p>\n

A shortage of lawyers\u00a0<\/i><\/b><\/p>\n

Domestic violence cases involve both criminal and civil proceedings.\u00a0 The criminal proceedings are pursued by the District Attorney’s (DA) office under charges such as aggravated assault.\u00a0 Aggravated assault must cause serious bodily injury or must involve a gun or knife. As of early October, the Durham Police Department had received 160 complaints of domestic aggravated assaults this year.\u00a0<\/span><\/p>\n

These 160 victims may also file protective orders or custody petitions to protect children from an alleged abuser. These proceedings are civil court hearings, which means that in her case, Amy was technically the plaintiff. But, unlike in criminal court, here there is no constitutional requirement for a lawyer.\u00a0<\/span><\/p>\n

Many low-income victims in Durham, unable to hire private attorneys, turn to North Carolina\u00a0 Legal Aid\u2019s Durham office.\u00a0 In three of four civil cases in the U.S, one side is not represented by a lawyer. Legal Aid is the primary source of free civil advice for domestic violence\u00a0 survivors because of its partnership with the Durham Crisis Response Center (DCRC), which provides services to survivors of\u00a0 domestic violence and human trafficking.<\/span><\/p>\n

\u201cThey (legal aid) have a committed team that we trust with our most vulnerable survivors,\u201d said Michele Archer, <\/span>director of the Family Justice Center at the DCRC.\u00a0<\/span><\/p>\n

Legal Aid\u2019s Durham office handles roughly 30 to 60 domestic violence cases a month, accepting about 90 percent of those referred to them by the DCRC, the police department and other community partners, according to GiGi Warner, Legal Aid\u2019s domestic violence and family law supervising attorney.\u00a0<\/span><\/p>\n

Ten percent are typically turned away because Legal Aid doesn\u2019t have enough lawyers to represent them. At the same time, many domestic violence victims are unaware of Legal Aid\u2019s services. Combined, scores of low-income survivors of domestic violence in Durham end up pursuing their cases without a lawyer.\u00a0<\/span><\/p>\n

\u2018He won\u2019t leave me alone\u2019<\/i><\/b><\/p>\n

Amy was supposed to arrive at 10 a.m. for the temporary protective order proceeding (known as an ex parte hearing). She arrived at 10:46.\u00a0<\/span><\/p>\n

She and her grandmother sat at the plaintiff\u2019s table. The defendant never showed up.<\/span><\/p>\n

Ex parte hearings grant\u00a0 temporary protective orders, usually up to 10 days, until a final hearing. (The defendant doesn\u2019t need to attend the initial hearing, but must be present at the final one, at which the judge decides whether to grant a full protective order.) Amy navigated this process with some guidance from the DCRC,\u00a0 but she couldn\u2019t get a Legal Aid lawyer. She\u2019s among the 10 percent who didn\u2019t make the cut.\u00a0<\/span><\/p>\n

The courtroom clerk swore Amy in while her grandmother rubbed her back. Maris flipped through a folder and gently asked, \u201cWhat led you to file this protective order request today?\u201d\u00a0<\/span><\/p>\n

\u201cOn multiple occasions the defendant put his hands on me,\u201d Amy said, sitting next to the empty defendant\u2019s table. \u201cThe most recent time scared me the most.\u201d<\/span><\/p>\n

(The 9th Street Journal is not fully identifying Amy in order to protect her safety.)<\/span><\/p>\n

That time was in June. Amy told the court that she and her then-boyfriend were driving home from Food Lion one afternoon when they started arguing about late utility bills. By the time they arrived at his home\u2013where Amy also lived\u2013they were yelling.<\/span><\/p>\n

\u201cIt got more loud, and I was afraid he was going to hit me, so I went into the bathroom,\u201d she said. \u201cBut he followed me.\u201d\u00a0<\/span><\/p>\n

They scuffled, and she hit her elbow on the bathroom wall. She ended up in a corner in the bathroom, she said, \u201cso I put my hands out like this.\u201d She threw both arms straight out of her chest to demonstrate. <\/span>As she continued her account, her voice broke. Her grandmother touched her hand.<\/span><\/p>\n

Amy said the defendant threw her on a bed and punched her as she cried. He called her \u201ca stupid b- – – -,\u201d she recalled,\u00a0 as he struck her petite frame. She lay in a fetal position.\u00a0<\/span><\/p>\n

\u201cWhen he stopped punching me,\u201d Amy said, \u201che just sat down in a chair watching me cry.\u201d\u00a0<\/span><\/p>\n

The police charged him with assault on a female, which carries a sentence of up to 150 days in prison.<\/span><\/p>\n

Amy\u00a0 moved in with her grandmother. But, Amy said, her\u00a0 ex-boyfriend incessantly called and texted her. He even showed up at her grandmother\u2019s house.\u00a0<\/span><\/p>\n

\u201cI thought it was over when I moved out, but he won\u2019t leave me alone,\u201d Amy said, her shoulders folded.\u00a0<\/span><\/p>\n

That\u2019s how she ended up in domestic violence court.\u00a0<\/span><\/p>\n

A one-time consultation<\/i><\/b><\/p>\n

Her ex-boyfriend is free awaiting his criminal trial in February, and Amy said she fears more harassment, which is why she filed this protective order.\u00a0\u00a0<\/span><\/p>\n

\u201cWe encourage them (survivors) to file in civil court because it\u2019s an extra protective cushion,\u201d said Archer, of the DCRC. The order would force Amy\u2019s ex-boyfriend to stay at least 100 yards away from her.\u00a0 If he doesn\u2019t, he could spend up to 150 days in jail.\u00a0<\/span><\/p>\n

The DCRC referred Amy to Legal Aid in Durham, but her case was selected only for a one-t<\/span>ime consult. Legal Aid does not comment on specific cases, but Warner did say staffing constraints pose a challenge.\u00a0\u00a0<\/span><\/p>\n

\u201cWhen our staff lawyers reach the number of cases they can attentively handle in a month,\u201d she said, \u201c there\u2019s not much more we can do besides one-time consultations.\u201d\u00a0<\/span><\/p>\n

Amy had her consultation before the October hearing. Legal Aid staff told her how to describe the incident to the judge: Provide as much detail as possible, they said. They also assured\u00a0<\/span>her that 9 out of 10\u00a0 temporary protective orders are approved.\u00a0<\/span><\/p>\n

That’s not the case with full protective orders: In 2017, for instance, North Carolina judges approved only 34 percent of them. Many cases were dismissed because plaintiffs did not return to court for their final hearing. In some cases,\u00a0 they didn\u2019t have a lawyer to remind them of court dates.<\/span><\/p>\n

Maris granted Amy the temporary order, and a final hearing was scheduled for a week later. In that proceeding, Amy would have to use evidence to show, not just tell, Maris why her ex-boyfriend should be ordered to leave her alone for one year. She would need\u00a0 to navigate judicial rules of procedure and perhaps even negotiate with the defendant if he wanted to agree to the order without a trial. That\u2019s a tall order for someone who isn\u2019t an attorney.\u00a0<\/span><\/p>\n

Lawyers are expensive. Charles Ullman, a Raleigh attorney who partly specializes in domestic violence cases, charges $120 an hour, which, he said, is \u201con the cheaper end.\u201d<\/span><\/p>\n

\u201cThese cases are pretty much always messy,\u201d he said,\u00a0 \u201cwhich means you got to talk to neighbors, family, friends or any potential witnesses. That takes a lot of hours.\u201d\u00a0<\/span><\/p>\n

It takes six hours for Amy to make $120 from her office assistant job.\u00a0<\/span><\/p>\n

Amy wasn\u2019t likely to get the help of a lawyer. Her best bet was to seek support from third-year\u00a0 law students at Duke University, the University of North Carolina-Chapel Hill, or North Carolina Central University who assist Legal Aid with domestic violence cases. Some non-profits provide one-time legal consults,\u00a0 but can\u2019t give in-court representations.<\/span><\/p>\n

Which left Amy with two options: represent herself or incur debt to hire a private attorney.<\/span><\/p>\n

\u201cI don\u2019t know what to do,\u201d she said.\u00a0\u00a0<\/span><\/p>\n




<\/span><\/p>\n



<\/span><\/p>\n



<\/span>


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