Maricela Rios-FaustA historic economic downturn, drastic shifts in social practices, challenges in accessing healthcare: the obvious impacts of COVID-19 are being felt across California. But one of its lesser realized consequences is the challenge of keeping survivors of domestic violence and sexual assault safe during this unprecedented public health crisis. County Superior Court systems are either closed entirely or offering limited access to protective orders under COVID-19 restrictions. Nonprofit agencies providing legal services to survivors are working overtime to fill the gaps in access created by these closures.
For survivors of relationship violence during this pandemic, having access to legal services and advocacy is vital. Some abusive partners are using public health restrictions to gain even more power and control by banning child visitations, keeping victims homebound entirely, or even spreading misinformation about the pandemic as a scare tactic. Reports from China during its widespread lockdown, as well as studies from past crises, confirm what we already know. Social isolation, financial stress, and decreased access to services lead to elevated rates of relationship violence and sexual assault. Under the Domestic Violence Prevention Act (DVPA), survivors must be able to request domestic violence restraining orders (DVROs) to protect themselves and their children.
Many courts are providing e-file systems and drop boxes for submitting documents. For example, Orange County provides an online portal for DVRO applications, which are then reviewed by a judge. However, some counties do not offer e-file options and are encouraging victims to seek protection by contacting law enforcement. This is not a viable option for every victim. Those who do not have a safe place to go outside the home may not feel comfortable calling law enforcement for help. Yet even with e-file and dropbox services in place, the more significant issue is language access. When non-English speaking victims are isolated and cannot access legal support, they cannot file DVROs since these documents are only available in and must be submitted in English.
In situations that could mean life or death for victims and their children, being able to file critical paperwork in a survivor’s native language is essential. As we anticipate relationship violence numbers to continue rising as COVID-19 restrictions extend through May, this lack of language accessibility will continue to be a barrier for survivors.
At Human Options, our dedicated team of bilingual legal advocates is available to walk survivors through the process of requesting a Domestic Violence Restraining Order along with education. Additionally, they can help clients with education, direct services, and referrals (including to pro bono attorneys) to meet their domestic violence legal needs. Services are available via phone, video chat, or in-person to meet the needs of the individual survivor. Human Options also operates a 24/7 hotline to provide support, education, and referrals to survivors any time of day or night.
As an essential organization supporting victims of domestic violence and sexual assault, we are joining the call from organizations statewide to ensure victims have access to justice without delay. We request the Judicial Council to recommend that all California Superior Courts:
- Receive and process DVPA TRO requests
- Extend Domestic Violence Protection Act (DVPA) TROs for as long as pandemic-related restrictions remain in place; or transition to telephonic hearings for DVPA TROs
- Permit attorneys to submit DVPA TRO requests without the litigant’s signature or with an electronic signature authorized by the litigant
- Develop processes whereby litigants can file and pick up processed DVPA TRO requests with minimal contact with court personnel
- Collaborate with local law enforcement to continue serving TROs and enforcing move out orders
Please call your congressional representative to encourage your County Superior Court to help protect victims. Visit house.gov/representatives#state-california to find your rep. Support your local nonprofit agencies working tirelessly to provide legal services to survivors to help fill the gaps. We can all play a part in making the above recommendations happen.
If you or someone you know is a victim of relationship violence, call 9-1-1 if they face immediate danger or contact our 24/7 toll-free hotline at 1-877-854-3594.
Maricela Rios-Faust is CEO of Human Options.
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