The Middlesex District Attorney's Office earlier this month marked the first anniversary of its pro-bono domestic violence program, which provides free resources for victims whose cases might otherwise remain unresolved.
The program, initiated by District Attorney (DA) Gerry Leone, is a unique partnership between public and private entities to provide victims of domestic violence with legal representation.
Since a restraining order is under civil, not criminal, jurisdiction, the DA's office is unable to provide representation for the victims. Instead, by partnering with private law firms, the office can refer victims on a need basis to pro-bono lawyers who will represent them in court.
"This program allows us to represent and empower victims of domestic violence who, until now, have had little to no voice in the restraining order process," Leone told the Daily in an e-mail.
Although the victim's admittance into the pro-bono program is determined strictly by need, not all of its clients come from poor households. According to Amy Crafts, an associate at the Boston law firm Proskauer Rose and the pro-bono program's coordinator, many victims are well-off but are not financially independent from their abusers, so they cannot afford a lawyer by themselves.
"Domestic violence is all about control," Crafts told the Daily. "Typically [in] a husband-wife situation, the wife doesn't have access to money and in that case we will represent her because she doesn't have means to obtain a lawyer on her own."
The program's first anniversary takes on a greater significance because it arrives during Domestic Violence Awareness Month.
Elaine Theodore, Tufts' sexual violence resource coordinator, believes that the program's value lies in the spreading of knowledge about assistance.
"In this day and age there is still the inherent assumption that if you are smart, well-educated and informed, that [sexual violence] doesn't occur — which is not the case," Theodore said.
The pro-bono program has enjoyed a comfortable success rate in its inaugural year, and Leone is optimistic about the future of the program.
The program has assisted in legal proceedings for 36 victims of domestic violence, and has won 94 percent of its cases, Leone said.
Crafts said that one of the program's most encouraging areas of success has beenconvincing victims to seek permanent restraining orders. Before the program, she said, it was common for abuse victims to attain temporary restraining orders but then never attend the subsequent court hearings at which permanent restraining orders could be given.
"We're really empowering victims to go forward and get protection," Crafts said.
At the program's inception, Proskauer Rose was its sole legal partner. Former State Attorney General Scott Harshbarger, the firm's senior counsel, was integral to its involvement.
"We commend District Attorney Leone for initiating this public-private partnership," Harshbarger said at a press conference on Oct. 9. "For the law firms, it provides a significant opportunity for attorneys to develop their legal skills, gain valuable court room experience and, as importantly, make a difference in the lives of domestic violence victims."
Legal partners now include law firms Cooley Manion Jones LLP and Brody, Hardoon, Perkins and Kesten LLP.
Theodore stressed the importance of talking about sexual assault on campus, especially for victims.
"There is a lot of stigma and shame involved with all matters of sexual violence, but there are many excellent resources where the survivor of violence is kept in the seat of control. Coming forward for help doesn't mean [the victim is] going to lose control of the situation," Theodore said.
