Attorneys may or may not be present. If there are attorneys involved it is helpful to know how they were hired. There are many programs that offer pro bono representation in domestic violence cases, but some have more experience and time available. For example a legal service attorney may have 60 other cases to deal with while someone from a program such as Boston College’s Legal Assistance Bureau who specializes in domestic violence may stay all day if necessary.

Court House Advocates (as distinct from advocates such as our HAVEN staff or advocates from other battered women’s programs) work for the District Attorney’s office. About 5-6 years ago the District Attorneys decided that since they see these cases on the criminal side of the court system it makes sense to have some involvement in the civil side. Usually these advocates are young, but have some experience with domestic violence, often coming from the shelter community. Since they have a different agenda and are members of a different "team" the judge and the DA’s advocate might not always agree.

Family Service Officers work for the judge. Judges are involved in the selection process. They have longevity in the system and have a daily working partnership with the judge. There has been some criticism that judges automatically accept their recommendations. The public perception tends to underestimate their clinical backgrounds. They usually have masters degrees and experience in the field and are fairly sophisticated.

Guardian ad litem (or GAL) translates as "person for a purpose". They are appointed by the court for a particular case. They are paid by the hour and are usually private practitioners. They serve as fact sythesizers. Judges usually trust their judgement and rely on their recommendations. The public perception tends to be an old impression that they are mostly lawyers, currently in these cases they are more likely to have a mental health background. They may be paid by the court in certain instances, but if the parties have means are paid by the parties.

DSS representatives often have a "prickly" relationship with the courts. Contrary to public perception their recommendations are not automatically accepted, and in fact are often scrutinized closely. They often end up in a defensive stance. Part of this stems from DSS staff turnover rates. The court staff may have a much longer history with a family than the DSS representative.

Experts are people from many different backgrounds who are hired by one of the parties to do their own fact finding, but share the agenda of the party who hired them. Judge Harms warned that they do not always reveal this fact and introduce themselves simply as "involved with" or "working with" the parties. We should not be lulled in to assuming they are neutral.

Process
There is not a standard order or process under which all of these players can speak in court. A very controlling judge may impose an order and forbid interruptions, but even this often deteriorates.

Q & A

Court relationship to DSS
The question was about what appears to be a trend in the courts of giving less credence to DSS recommendations and more often giving custody to abusive fathers. Judge Harms thought that this was not in fact a new trend and offered the judge’s perspective. The cases where father is very abusive and mother is not are easy. The hard ones are when all of the alternatives are bad. When neither parent is an ideal choice the alternative is foster care which, in addition to the concerns about varying quality of care, also means an automatic change in school and loss of supports within the school and other social supports. Her hope is that for some mothers losing custody will be the "wake-up call" they need to get their lives together. The courts can establish custody for any length of time, so often in these tough cases they will set a short duration period. Or the court may assign the FSO to make frequent, even weekly reports. This is generally phone contact, but at direction of the judge can do home visits.

To advocate in cases we can’t call the judge. But we can call the FSO, GAL or DSS. The DSS written report, which is a summary of their various contacts is often included in its entirety and is read by the judge. So one way to get your information introduced is to make sure DSS knows it. Another is to contact the FSO and/or GAL. This led to a discussion about confidentiality. If these are our clients we would need a release to have these conversations. Exceptions would be in mandated reporting situations (child, elder, disabled adult), or observations that we witness outside of the counseling relationship.

What about ChINS?
It stands for Child In Need of Services. It is often recommended by police, because parents can go to court themselves to seek this status for their child. The positive aspect of this status is that it significantly raises the child’s priority on DSS wait lists for services. But the negative aspects are that it requires a parent to go to court against their child, creates a negative dynamic, and gives the child a legal record (though not criminal). The child may then be assigned a probation officer. This may be effective, especially in truancy cases, but families need to weigh the costs.

Guardianship of a child after the death of a parent
The best advice is to refer to a lawyer with family law (divorce, custody) experience before the parent dies. Contrary to public opinion the wishes of one biological parent expressed in their will or otherwise are not legally binding. The court is free to ignore them. The remaining biological parent will have the right to custody. The court generally takes into account that if grandparents have been raising the child and the father for instance had little contact, that for now the grandparents should have custody. But the court is likely to seek to reintroduce the father. When a parent dies if another relative seeks to enroll the child in school or get a release to talk to the child’s pediatrician they will need to seek legal guardianship. At this point all relatives will be notified. While the parent is alive she can work on a stand-by or co-guardianship, again the father will be notified and has the right to contest it. If the father does not want custody the court will accept a signed, notarized statement to that effect.

How to find lawyers with expertise in this area?
Greater Boston Legal Service has a family law unit. If domestic violence is an issue in the case, then the best route is the varied pro-bono programs that work on domestic violence. A list of legal services offices is available through the CRC.

Victim’s safety in the courtroom
All court houses in eastern Massachusetts are overcrowded. There is no separate safe space for a victim to meet with her attorney or advocates; no separate pay-phones, bathrooms, entrances. The courts realize this and are making efforts to make accommodations within existing constraints. One first step is that all court officers are required to attend domestic violence training. These people wear uniforms, so should be easily identifiable. A court officer can escort her, and can place her in a courtroom and instruct the abuser where to sit in that room to maximize the distance between them. Court officers can also walk her to her car and can hold the abuser to effect a staggered departure time. Court advocates can meet with her outside the courtroom and escort her in. They can also assist with safety planning.

How is it determined what judge gets what case?
There is no statewide system. In some counties (Suffolk, Plymouth) the docket number determines which judge is assigned- will always get the same judge. This system is good for continuity and for your client if you have a sympathetic judge. In other counties the assignment is random. In very difficult cases, such as where the judge is concerned about potential lethality or where there will be many return visits, the judge does have the authority to assign him/herself to the case. We cannot ask the judge to take this step. Even in this situation, the judge may be out due to illness or vacation, etc. on the court date, and a different judge might hear the case.