Domestic Violence Legal Advocate Initiative

A: The Domestic Violence Legal Advocate (DVLA) Initiative of Arizona is a community-centered effort to expand access to legal services for survivors of domestic violence (DV). First developed in partnership between Innovation for Justice (i4J), the Arizona Supreme Court, and Emerge! Center Against Domestic Abuse, the DVLA Initiative trains and certifies lay legal advocates in Arizona to advise DV survivors in navigating the state’s civil legal system as a supplement to lay advocates’ existing scope of service. The Initiative was initially authorized by the Arizona Supreme Court in 2020 and has since been authorized for statewide expansion under Administrative Order 2024-35.

A: DVLAs are authorized by the Arizona Supreme Court to provide limited-scope legal advice and assistance with respect to specifically identified civil legal needs of DV survivors. DVLAs are authorized to support DV survivors in four key ways: 1) by providing general legal information and legal advice regarding orders of protection and family law matters at intake; 2) by providing legal advice and assistance during the completion of court forms and other documents for filing, such as service of process, orders of protection, petitions for dissolution, requests for spousal maintenance, and requests for child support; 3) by providing legal advice and assistance with respect to preparation for hearings and mediations; and 4) by quietly advising and assisting survivors who represent themselves during court hearings.

A: Yes; by supplementing the extensive real-world experience of lay legal advocates with tailored legal training and education, the trauma-informed toolkits of lay advocates are expanded to better prepare DVLAs to support communities and DV survivors in meeting their civil legal needs.

A: Upon successful demonstration of eligibility, DVLAs are enrolled in an approximately 8-week, fully asynchronous online course that is facilitated by i4J. This course trains lay legal advocates in several key areas to best prepare them for the delivery of limited-scope legal services in the DV context:

1. Legal Advocacy, Ethics, and Scope of Service;

2. Procedure; Case Preparation and Procedural Fairness;

3. Family Law;

4. Child Welfare;

5. Client Counseling; and

6. Collateral Issues.

The associated curriculum was developed through robust community engagement and each module has been carefully crafted by subject matter experts in DV legal advocacy. Across their training and delivery of services, DVLAs receive instructional support from the course’s content creators as well as a network of volunteer attorney mentors.

A: Per Arizona Supreme Court Administrative Order 2024-35, eligible DVLAs must complete “[a]t least 2,000 hours of work experience as a lay legal advocate at a [community-based organization].” As defined by the Arizona Coalition to End Sexual and Domestic Violence (ACESDV), lay legal advocacy includes the support of survivors of domestic violence during their involvement with criminal and/or civil legal processes. As ACESDV notes, “[t]his advocacy can take many forms and should be tailored to the unique needs of each survivor. Lay legal advocacy may extend beyond the immediate domestic violence case and can include indirect legal needs such as tenant right[s] and legal name changes. . . . Lay legal advocacy services may take place in a variety of settings including community-, systems-, mobile-, virtual-, and campus-based programs and family/child advocacy centers, as long as safety and confidentiality requirements are met.” Applicants to the DVLA Initiative and/or their community-based organization must attest that eligible DVLAs have at least 2,000 hours of lay legal advocacy, as defined by the current ACESDV service standards.

A: DVLAs have a limited privilege as domestic violence victim advocates under A.R.S. § 12-2239. Section 12-2239 prevents a domestic violence victim advocate from being examined regarding client communications in most civil cases.

A: No; DVLAs do not appear in a representative capacity and DV survivors represent themselves in any legal proceedings. DVLAs explain their role in any hearings to presiding judicial officers and opposing counsel as follows: “I am an DVLA. I am here to assist and support ______. They are representing themselves, but I am prepared to help them by giving them quiet advice, guiding them through the process, and asking for a break in the hearing on their behalf.” Pursuant to AO 2024-35, DVLAs are permitted to respond to requests for information from presiding judicial officers during a hearing.

A: There is no limit to the number of DVLAs that a participating Community-Based Organization may host. I4J encourages any and all eligible lay DV advocates to apply for our next statewide cohort.

A: I4J, participating Community-Based Organizations and the Arizona Supreme Court work together to host and support the work of DVLAs. I4J trains DVLAs and continues to provide educational support once DVLAs enter the field by connecting all DVLAs to a network of volunteer attorney mentors and Continuing Legal Education opportunities. DVLAs and the Community-Based Organizations that house them determine when a survivor has legal needs outside the scope of DVLA services that require referral to an attorney. As outlined by Arizona Supreme Court Administrative Order 2024-35, DVLAs are subject to discipline and revocation of certification pursuant to Arizona Code of Judicial Administration §§ 7-201 and 7-208.

A: Domestic Violence Legal Advocates, like attorneys in Arizona, are not required to hold malpractice insurance. I4J recognizes that a Community-Based Organization may wish to voluntarily take on or expand an insurance policy to cover the services of DVLAs. I4J can assist CBOs in connecting with an insurance carrier to establish DVLA insurance.

A: Per Arizona Supreme Court Administrative Order 2024-35, DVLAs are authorized to provide “assistance” with the preparation of certain court documents. This differs in two distinct ways from the services that Arizona Licensed Document Preparers (LDP) are authorized to provide: 1) LDPs have broader authorization to engage in the creation and completion of certain court documents on behalf of survivors; and 2) LDPs cannot give legal advice, attend hearings, or support survivors through the legal system in some of the ways that DVLAs are authorized to do. Eligible DVLAs may independently apply for LDP certification under the relevant parts of Arizona Code of Judicial Administration § 7-208. To ensure their success as an advocate, i4J will support dually certified DVLAs in assessing any liability, documentation, and disclosure concerns of their DVLA work with their host Community-Based Organization and the Arizona Supreme Court.

A: Domestic Violence Legal Advocates (DVLAs) differ from Legal Paraprofessionals (LPs) in several key ways: 1) DVLAs are authorized to provide limited-scope legal advice to DV survivors, while LPs are certified to fully represent clients in 1 of 5 areas of law; 2) DVLAs must demonstrate at least 2,000 hours of experience in lay legal advocacy, complete i4J’s affiliated 8-week course, and earn a passing grade on the Arizona Administrative Office of the Court’s licensure exam—LP eligibility, by contrast, is dependent on an applicant’s prior academic experience; and 3) DVLAs may not charge for their services, while LPs may charge a fee.