CBA Record September-October 2024
PRO BONO IN MOTION – 2024
that interrupts a violation such as a seri ous physical attack. The efficacy of orders of protection – and the rebuttal to the assertion that they can’t keep anyone safe –depends on consistent, clear enforcement in the form of criminal investigation and charges filed in the case of violations. One important enforcement-related danger facing survivors of domestic vio lence in Illinois is the ability of their abusive partners or family members to access firearms, even while an order of protection exists. In particular, there is a lack of clarity about the ability of judges to order removal or seizure of firearms in an emergency order of protection. Senate Bill 2633, known as “Karina’s Law,” aims to address this issue. This bill was named after Karina González, who (along with her daughter) was murdered by an abusive ex in 2023. If passed, Karina’s Law could help strengthen protections for many sur vivors. Of course, enforcement of orders of pro tection is not an issue unless survivors first have access to filing for them. Our com munity is working to make that process more accessible for survivors experiencing a wide range of obstacles. Remote access – the proverbial “silver lining” of the Covid-19 pandemic – made new levels of court access possible for survivors in chal lenging circumstances. In 2022, the court expanded hours of operation for remote access for emergency orders of protection, launching night and weekend hours. Less than two years later, the court has heard more than 2,000 petitions through this pilot, ensuring that survivors in extreme Access to Legal Assistance and the Courts
circumstances can access legal protection, even when the courts are closed. Remote court access has also been a boon for petitioners who are unable to spend the better part of a day in court, or who arrive at court too late to com plete the entire process. Survivors can start the process of drafting their plead ings in person at court and complete the process, including the hearing, remotely. This flexibility allows our clients to pick up children from school or be on time for work without compromising their safety. Finally, remote access allows incarcerated petitioners to receive an order of protec tion that gives them peace of mind as they return to their communities, and in many cases, to the threat of violence from an ex partner. While technical access related to time and location have increased in the past few years, actual access for most survivors remains a challenge. Of the dozens of peti tioners filing every day at the Domestic
Margaret Duval is the Executive Director of Ascend Justice, whose mission and work have expanded to serve the holistic needs of domestic violence survivors and to include advocacy for families involved in the child welfare system. How You Can Help Legal aid organizations like mine play an important role in helping survivors tell their story and understand the court process, but we can't do it by ourselves, especially while the number of petition ers climbs, and the lethality risk grows. Pro bono attorneys can help fill that gap. Volunteering in Domestic Violence Court can be great training and personally rewarding. Like Ascend Justice, any of the legal aid agencies working at the Domes tic Violence Courthouse supplement their capacity by partnering with volunteers. And while it is true that “a piece of paper can’t keep you safe,” by helping survivors obtain, understand, and enforce an order of protection, pro bono volunteers can strengthen the network of legal protec tions that can (and do) save lives. Violence Court, a few receive filing help from a domestic violence advocate, and even fewer receive legal assistance from an attorney. For survivors without legal assistance, the process, ostensibly straight forward, can be an exercise in frustration and confusion, leaving too many without the legal protections to which they may be entitled or in other cases, being granted an order they do not understand and will not be able to enforce. For these survivors, real access – and real safety – requires help from a lawyer.
SEPTEMBER/OCTOBER 2020 CBA
Committee Chair/ Vice Chair Directory Enclosed
The Chicago Bar Association & The Chicago Bar Foundation Pro Bono Week 2020: Extraordinary Times Call for Extraordinary Commitment
CBARecord_Sept-Oct_2020.indd 1
9/9/2020 2:17:06 PM
Making Our World a Better Place – CBA Record September/October 2021
2008 Do Right!
2007 Lawyering for the Soul
2006 Challenging Lawyers to Make a Difference
2005 Hope & Justice in Action
2005-2024
CBA RECORD 29
Made with FlippingBook - Online magazine maker