Responding to Violence
How NCVLI Can Help
Assistance for Attorneys and Advocates
NCVLI’s legal team also welcomes requests for legal technical assistance from practitioners across the country who are working with this population of victims. We provide legal research, writing, and long-term strategic advice to ensure protection of victims’ rights.
Some sample types of issues NCVLI can assist with include:
Defense Seeks to Discover Victim’s Personal Diary
The defense sought to discover a Maryland victim’s personal diary, which contained information not relevant to the case and of a highly personal nature. NCVLI provided the requester with case summaries from across the United States explaining the circumstances under which the diary may be discoverable or used at trial, and the procedure the court would likely use to determine whether portions of the diary must be turned over.
Modification of a No-Contact Order
A Florida victim received a no-contact order against defendant in connection with criminal charges brought against him relating to non-partner domestic abuse. Subsequent to the entry of the no-contact order, the victim gave birth to a child whose paternity was undetermined. Defendant moved the criminal court to modify the no-contact order to allow visitation with the child, which the court granted. After being contacted by the victim’s attorney, NCVLI provided legal research supporting the position that the victim did not have to allow defendant access to her child because, among other reasons, the criminal court did not have jurisdiction over the victim.
Stay of Civil Proceedings Pending Criminal Trial
A California victim filed a civil domestic violence restraining order action against the defendant. Defendant was also the subject of a criminal case against the victim for domestic abuse. Defendant scheduled a deposition of the victim in the civil case. NCVLI provided research to the victim’s attorney regarding the victim’s best argument to move to quash the deposition or postpone it until after the criminal matter was disposed of.