DA, Law Firms Partner to Help Domestic Violence Victims

The following is an announcement from Middlesex District Attorney Gerry Leone’s Office:

DA, Private Law Firm Partnership Provides Free Legal Assistance to Domestic Violence Victims

Addressing volunteers and victim advocates, former Attorney General Scott Harshbarger and Middlesex District Attorney Gerry Leone recently highlighted the successes of a first-of-its kind public-private program that provides free legal assistance to victims of domestic violence during the restraining order process. First Lady Diane Patrick also addressed the group as part of her continuing work to help and protect victims of domestic violence.

This month marked the completion of the first year of this partnership between the Middlesex District Attorney’s Office and two private firms – Proskauer Rose, where Harshbarger now serves as Senior Counsel, and Cooley Manion Jones.

Leone also announced that a third firm, Brody Hardoon Perkins and Kesten, had agreed to join the program and provide pro bono legal assistance to domestic violence victims, as part of their Crime Victim Law Program.

“Restraining orders are critical for victims of domestic violence to protect themselves by removing barriers against disclosure and allowing them to extricate themselves from abusive relationships,” District Attorney Leone said. “But all too often victims who cannot afford an attorney return to the abusive environment that threatens them and their loved ones. That is why I am so thankful to these three firms and our mentor lawyers for their commitment to provide high quality legal assistance to domestic violence victims free of charge. It’s been just one year, and we have already been able to help many victims, and we certainly hope to expand this successful program in the years to come.”

“We commend District Attorney Leone for initiating this public/private partnership,” Harshbarger said. “For the law firms, it provides a significant opportunity for attorneys to develop their legal skills, gain valuable court room experience and, as importantly, make a difference in the lives of domestic violence victims.”

The first-of-its-kind partnership was designed to address a significant gap in the way that DV victims are served during the restraining order process. Specifically, because a restraining order is a civil document, Assistant District Attorneys are unable to represent domestic violence victims during that process. Many of those victims are unable to afford an attorney as, oftentimes, it is the abuser who controls the household finances. To address this problem, the Middlesex District Attorney’s office first partnered with Proskauer Rose and then Cooley Manion Jones to identify victims who need legal assistance and then assign a private attorney to provide representation free of charge.

These restraining order hearings are critical, as they not only work to assure that the abuser cannot come in contact with the victim, but also frequently address other important issues such as assuring continued child support, utility payments, and healthcare payments.

In this first year, there were 36 cases that were adjudicated on behalf of victims through the pro bono program. Of that number, 34 were resolved in favor of the victim – a 94% success rate.

Leone discussed a number of the victims who were helped through the program. Among them was a victim whose husband had a violent history of domestic abuse, sexual abuse, child abuse and animal abuse. When the victim first filed for a restraining order, he shut of the gas, electricity, and phone service at the house where she and their two children lived. At the subsequent restraining order renewal hearing, the Proskauer attorney representing her was able to not only successfully renew the order, but also obtain a court order for the defendant to continue to pay all household utility bills and child support.

Another victim in the program was a victim of teen dating violence in which she was raped by a boy she had briefly dated while in high school. Eight years later, the defendant began contacting her and harassing her through myspace, facebook, and cell phone calls. Represented by a Cooley Manion Jones attorney, the victim was able to navigate through difficult legal issues to secure a restraining order against this defendant.

In 2007, there were more than 27,000 restraining orders filed by victims of domestic violence in the Commonwealth. In Middlesex County alone, there were more than 4,900 restraining orders filed by victims. Of that number, the DA’s office and community-based victims advocates estimate that approximately half of the victims did not return for a 10-day hearing to extend the restraining order for the full year. A significant reason for that is that many of them did not have legal representation.

“While we are pleased with the amount of work that has been done in the first year of this program, there is still much more that we want to do. We are continuing to look to enlist more lawyers and firms so that we help even more people in the coming months and years,” District Attorney Leone said.

Any law firm that is interested in joining this program is asked to call the District Attorney’s Deputy Chief of Community Outreach and Training, Shawn MacMaster, at 781-897-8462.