Lawyers Manual - Unified Court System

396 Stephanie Nilva and Kristine Herman
Young people who share children in common with their abusers may be at
risk of additional unwanted attention by the courts when seeking civil relief. A
client who is a teen parent might face an investigation of her household by the
Administration for Children’s Services. Such an investigation could be directed at
your client, whose child might be at risk, or at your client’s parents, who might be
held responsible for circumstances leading to your client’s pregnancy or abuse.
Representation
A financially eligible victim may request that counsel be assigned to
represent her in the Family Courts. Almost invariably, teenagers will qualify for
assigned counsel. The counsel afforded by full legal representation in the civil
system can foster the autonomy important to survivors of abuse. At a minimum,
representation by an attorney will give the young person the opportunity to have
confidential communications with an advocate as she discusses the process of
leaving an abuser or pursuing legal help.
Standard of Proof
Family Court offers a far less stringent standard of proof than Criminal Court.
In Family Court a petitioner must establish her case only by a preponderance of
the evidence. Young victims who might not have documentary evidence
associated with medical care, or have the benefit of a DIR issued by the police,
might still meet this evidentiary standard. As a practical matter, accessing an order
of protection in Family Court on behalf of a young person who is the victim of
stalking or verbal threats, for instance, will be far easier than it would be in a
criminal court setting.
Safety Planning with Young Clients
Teenagers are as frequently frustrated as their adult counterparts in their
efforts to avoid or escape their abusers, and they face several unique barriers.
The ambivalence and confusion young people experience when abused by an
intimate partner can slow the process of separating as well, so you should be
prepared to work with her on safety planning while accepting her decision to
remain with him.
Some young clients who are ready to end their relationships may still be
reluctant to go to court. Others may be unwilling to use the Criminal Courts and
ineligible for relief from Family Court. Even if eligible for legal protection,