This month, Molly Freyer, Assistant Director at BFL’s Non-Residential Domestic Violence Program, Secret Garden, discusses challenges and best practices when working with a survivor of domestic violence who is maneuvering the criminal justice system.

When working with survivors of domestic violence, the criminal justice system, including the courts and police, can be a vital component of an individual’s path toward a life free of abuse.

Unfortunately, this system can also be inaccessible or, worse, re-traumatizing for survivors. When a survivor has a disability, the criminal justice system can present further challenges.

We find ourselves playing several roles in assisting consumers with the criminal justice system. Strong advocacy is needed within the courts and with the police. We may have to determine if an appropriate interpreter is being provided. We also need to know if the consumer with a disability has physical access to the courtroom. 

On a more clinical level, we must help the individual work through their feelings regarding the process. Having to repeat the trauma history to police, assistant district attorneys, grand juries, and the like can bring back vivid memories of the abuse. Emotional support is needed throughout the process.

In order to ensure that survivors with disabilities receive multifaceted, complete support, a collaborative effort amongst criminal justice, clinical, and civil legal agencies is crucial.

This was the idea behind the launch of Barrier Free Justice a collaboration between Barrier Free Living’s Non-Residential Domestic Violence Program (Secret Garden), the Kings County District Attorney’s Office Victim Services Unit, and South Brooklyn Legal Services. 

This initiative was born in 2000, when the District Attorney’s Office noticed that women with disabilities faced significant barriers in dealing with abusive situations. Research backs this up: women with disabilities experience abuse at a higher rate than women who do not have disabilities, and stay in abusive relationships longer (Young, M.E., et al. 1997. “Prevalence of Abuse of Women with Physical Disabilities.” Archives of Physical Medicine and Rehabilitation Special Issue. 78 (12, Suppl. 5) S34S38).

Barrier Free Justice strives to ensure access to domestic violence agencies, the police, and the courts for individuals with disabilities who are in abusive relationships. Additionally, Barrier Free Justice regularly gives trainings on domestic violence and disability in the community and courts in order to dispel myths and stereotypes and encourage best practices.

On a more direct level, survivors working with Barrier Free Justice are provided with a continuum of services, including:

*Access to social workers at the District Attorney’s Office to address criminal justice needs.

*Attorneys at South Brooklyn Legal Services for civil legal/family court needs.

*Social workers, case managers, and occupational therapists at Barrier Free Living to provide therapeutic services such as counseling and support groups.

Barrier Free Justice is funded by the S.T.O.P. Violence Against Women Act and the NYS Division of Criminal Justice Services. However, a lack of funding should not deter a provider from exploring a similar collaborative effort in one’s own community. Reaching out and establishing relationships with local law enforcement and court personnel will do much to improve the experiences of survivors with disabilities within the criminal justice system.

For information on how to start collaboration in your community, please refer to the Office for Victims of Crime’s “Keys to Collaboration” toolkit listed below in the Resources section.

Survivors Story

Ms. A’s story is an excellent example of the benefits of collaboration.

Ms. A was called to the District Attorney’s Office after her husband was arrested for assaulting her. During that incident, he beat Ms. A with her own cane. This was the culmination of years of abuse, yet this was Ms. A’s first contact with the criminal justice system. He was placed in jail after the arrest, but for safety reasons, it was necessary that Ms. A move out of her apartment as soon as possible.

The District Attorney’s Office referred Ms. A to Barrier Free Living’s “Secret Garden” for case management initially. With strong advocacy from her case manager, Ms. A was granted an emergency transfer and moved to a new apartment, in a location unknown to her husband. She also signed up for Access-a-Ride Para transit services, which enabled her to travel around New York City independently.  Ms. A’s case manager noticed that Ms. A struggled with flashbacks and feelings of guilt and fear stemming from years of abuse, and the case manager connected her with a social worker at the Secret Garden for counseling.

Ms. A waited over a year for her husband to be prosecuted. During that year, Ms. A lived in constant fear that he would be bailed out of jail. Ms. A’s social worker and case manager at the Secret Garden, along with her Assistant District Attorney and social worker at the Brooklyn D.A.’s Office, ensured that proper safety planning was in place. Ms. A was registered with VINE, New York State’s victim notification system, and provided with a 911 cell phone for emergencies. Finally, Ms. A desired a divorce from her husband, and was connected to an attorney willing to assist her pro bono.

While Ms. A had an Order of Protection against her husband through criminal court, her children did not. Her two children, both adults, feared their father, and desired an order of protection against him, as well. They were both provided with assistance in filing for an Order of Protection through family court.

Throughout this process, there was constant communication amongst Ms. A’s supports at their respective agencies. Secret Garden staff could get up to the minute updates on the status of Ms. A’s case through the District Attorney’s Office, or provide Ms. A with copies of her Order of Protection on a moment’s notice. If something sensitive occurred with the case, the District Attorney’s Office would notify the Secret Garden, letting us know that Ms. A might need to talk or receive counseling at that moment. As a result, Ms. A received constant, comprehensive support at all steps of the process, and continued to receive therapeutic services through the Secret Garden once the criminal case was closed.

Barrier Free Justice benefited with the establishment of the Brooklyn Family Justice Center. BFL’s CEO Paul Feuerstein and members of the Secret Garden team were active in advocating for the center, which brings together resources from over 40 partner agencies to create a “one stop shopping” center which facilitates greater collaboration for domestic violence victims. We have had an office in the Justice Center since its inception. Currently, 37 Family Justice Centers are in operation nationwide, with over 100 in the process of being opened. 

To view past issues of Breaking Barriers in Domestic Violence (topics ranging from Communication for Deaf Survivors to Domestic Violence and Children with Disabilities) visit www.bflnyc.org.

Molly Freyer is the Assistant Director of Barrier Free Living’s Non-Residential Domestic Violence Program for individuals with disabilities. Barrier Free Living’s Domestic Violence Program has been recognized by the U.S. Department of Justice as one of twelve model programs in the country that effectively assist victims of crime with disabilities. Prior to working as Assistant Director, Molly served as a liaison to the Brooklyn District Attorney’s Office as part of the Barrier Free Justice project, which assists victims of crime with disabilities. Molly received her Master’s in Social Work from Columbia University in 2006.

Resources:

Office for Victims of Crime’s “Keys to Collaboration” toolkit listed below in resources.

http://www.ojp.usdoj.gov/ovc/publications/infores/ServingVictimsWithDisabilities_toolkit/collaboration.html

Family Justice Center

http://www.familyjusticecenter.com.

Barrier Free Justice: http://www.brooklynda.org/barrier_free_justice/barrier_free_justice.htm

Office for Victims of Crime’s “Keys to Collaboration” toolkit:

http://www.ojp.usdoj.gov/ovc/publications/infores/ServingVictimsWithDisabilities_toolkit/collaboration.html

For general information regarding working with victims of crime with disabilities, the following article is very informative:

http://www.mincava.umn.edu/documents/ovcdisable/ovcdisable.html