Category: WI Domestic Abuse Advocate Legal Manual

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G. Organizations

  1. Elder Law Resources
  2. Organizations Working on Re-Entry Issues
  3. Wisconsin Organizations
  4. National Violence Against Women Clearinghouses and Organizations
  5. Organizations Supporting Male Survivors and Men’s Activism
  6. National Organizations for Women
  7. Organizations that Help Immigrant Women Suffering from Abuse
  8. Violence Against Women Resources in Spanish
  9. Global Women’s Rights Resources
  10. LGBTQ Resources
  11. Organizations Advocating for Economic Justice
  12. Government Organizations

C. Public Law 280 Jurisdiction

  1. Public Law 83-280 (PL280) (28 U.S.C. § 1162. 28 U.S.C. § 1360)
  2. Link to Questions and Answers About PL280
  3. PL280: Issues and Concerns for Victims of Crime in Indian Country
  4. Concurrent Tribal Authority Under PL280
  5. Scenarios: PL280 Civil Jurisdiction
  6. Scenarios: PL280 Criminal Jurisdiction
  7. Wisconsin State Indian Law Case Law: A Jurisdictional Survey of Criminal and Civil Cases Under PL280
  8. Teague Protocol

Trafficking

  1. Trafficking in Persons
  2. Trafficking Power & Control Wheel
  3. Fact Sheet: Human Trafficking
  4. Identifying and Interacting with Victims of Human Trafficking
  5. Human Trafficking Indicators
  6. In Their Shoes: Understanding Victims’ Mindsets and Common Barriers to Victim Identification
  7. Victim Assistance Fact Sheet
  8. Comparison Chart of U Visa, T Visa, VAWA Self-Petition, SIJS, and DACA
  9. T Visas: What They Are and How They Can Help Your Clients
  10. Services Available to Victims of Human Trafficking
  11. Certification for Adult Victims of Human Trafficking
  12. Assistance for Child Victims of Human Trafficking
  13. Internet Resources on Human Trafficking
  14. Wisconsin Human Trafficking Protocol and Resource Manual
  15. Plain Language Version of 2007 Wisconsin Act 116
  16. Decriminalizing Trafficking Survivors
  17. Recognizing Human Trafficking and Dynamics of Domestic Violence
  18. End Abuse Human Trafficking Screening Tool

Legal Advocacy and Restraining Orders

  1. Overview of Legal Advocacy
  2. Some Dos and Don’ts of Advocacy
  3. Ten Points to Consider Before Choosing to File a Restraining Order
  4. Legal Advice vs. Legal Information
  5. What is Legal Advice? How do you Recognize “The Line?”
  6. Suggestions When Interviewing a Client Who Wishes to Obtain a Restraining Order
  7. Overview of Victim Service Representative Law in Wisconsin
  8. Service Representative Selection Form
  9. Victim Service Representative Statute Sec. 895.45, Wis. Stats.
  10. Overview of De Novo Process: For Use with Decisions Made by Commissioners
  11. Motion for De Novo Hearing on a TRO or Injunction (Form CV-503)
  12. Creative Use of Protection Orders in Battered Immigrant Cases
  13. Judges’ Domestic Violence Booklet
  14. Sample Neighborhood Watch Form
  15. Five Messages to Relay to Victims
  16. Preserving the Record at an Injunction Hearing
  17. Wisconsin Laws Related to the Unauthorized Practice of Law (UPL)
  18. Preventing UPL Related to Restraining Orders/Injunctions
  19. Power and Control Wheel

C. Wisconsin Restraining Order Laws

  1. Restraining Orders in Wisconsin
  2. Domestic Abuse TRO and Injunction Checklist: Wis. Stat. § 813.12
  3. Harassment TRO and Injunction Checklist: Wis. Stat. § 813.125
  4. Child Abuse TRO and Injunction Checklist: Wis. Stat. § 813.122
  5. Individuals at Risk TRO and Injunction Checklist: Wis. Stat. § 813.123
  6. Issues for Individual at Risk Restraining Orders as per § 813.123
  7. Differences Between Domestic Abuse and Harassment
  8. Restraining Orders for the Elderly
  9. Restraining Orders for Minors
  10. Service Requirements and Issues for Wisconsin Restraining Orders
  11. Service by Publication
  12. Everything You Need to Know About Enforcement of Restraining Orders: A Guide for Wisconsin Law Officers
  13. Full Faith and Credit of Protection Orders: Checklist
  14. Full Faith and Credit of Canadian Protection Orders: Checklist
  15. Guardianship, Guardians ad Litem and Powers of Attorney
  16. Criminal and Civil “No Contact” Conditions
  17. Databases for Wisconsin Civil and Criminal Information
  18. Findings Under Wis. Stat. § 813.12(5g) to Convert a Domestic Abuse Injunction Petition to a Harassment Injunction Petition
  19. Wisconsin Case Law Summary: TROs and Injunctions
  20. The Definition of “Imminent Danger of Harm” as Required for a Domestic Abuse Temporary Restraining Order

B. Process to File and Obtain a Restraining Order

  1. Obtaining a Restraining Order in Wisconsin: Two-Part Process
  2. Ten Points to Consider Before Choosing to File a Restraining Order
  3. Process for Obtaining a Restraining Order in Wisconsin
  4. Writing a Restraining Order Statement
  5. Important Information to Include in a Petition for a Domestic Abuse or Harassment Temporary Restraining Order (TRO)
  6. Preparing for Injunctions: Petitioner/Advocate Checklist
  7. Overview of a Formal Injunction Hearing Process
  8. Preparation for Court
  9. Databases for Wisconsin Civil and Criminal Information
  10. The Definition of “Imminent Danger of Harm” as Required for a Domestic Abuse TRO
  11. De Novo Review Process
  12. Overview of the Process for Obtaining an Appellate Review
  13. Safety Issues at Injunction Hearings

E. Relocation Issues with Children

  1. Civil and Criminal Laws Which May Impact Those Who Leave With Children
  2. Overview of Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA): Protective Parents Wishing to Leave the State
  3. Resources for Relocation with Children in Wisconsin
  4. The Hague Convention and Domestic Violence Victims
  5. UCCJEA: Coming to Wisconsin from Another State
  6. UCCJEA: The Decision to Leave Wisconsin
  7. UCCJEA and Domestic Abuse
  8. Victims/Survivors Leaving with their Children: Legal Issues and Concerns
  9. UCCJEA Guide for Court Personnel and Judges

B. Reporting Requirements for Abuse Against the Elderly

  1. Overview of and Resources for Reporting Requirements for Abuse Against Adults in Wisconsin
  2. Adult Abuse Reporting Requirements Under §§ 46.90 & 55.043
  3. Adult Abuse Reporting Requirements for All Wisconsin Professionals
  4. Adult Abuse Reporting Requirements for Entities
  5. Wisconsin’s Adult at Risk Reporting Law
  6. Resources for Abuse in Later Life

A. Reporting Requirements for Abuse Against Adults

  1. Adult Abuse Reporting Requirements for All Wisconsin Professionals
  2. Adult Abuse Reporting Requirements Under §§ 940.34(2)(b) or (c)
  3. Adult Abuse Reporting Requirements Under §§ 46.90 & 55.043
  4. Adult Abuse Reporting Requirements Under § 255.40(2)(a)
  5. Adult Abuse Reporting Requirements Under § 940.22(3)
  6. Overview of and Resources for Reporting Requirements for Abuse Against Adults in Wisconsin
  7. Adult Abuse Reporting Requirements for Entities
  8. Wisconsin’s Adult at Risk Reporting Law

F. Safety Planning

  1. Safety Planning Protocol
  2. Power and Control Wheel for Immigrant Women
  3. Power and Control Wheel for Immigrant Women (Hmong)
  4. Power and Control Wheel for Immigrant Women (Spanish)
  5. Assisting Immigrant Victims of Domestic Violence: Advocate’s Guide
  6. Overcoming Cultural Barriers in Working with BIW
  7. Survivor Safety and Immigration Policy (Spanish)
  8. Q&A for Immigrant and Refugee Women
  9. Q&A for Immigrant and Refugee Women (Hmong)
  10. Q&A for Immigrant and Refugee Women (Spanish)
  11. Post-Election Q&A for Advocates and Attorneys Serving Immigrant Survivors of Gender-Based Violence
  12. Shelter Victim Confidentiality Issues Under Recent State Immigration Legislation
  13. Family Preparedness Plan
  14. Family Preparedness Plan (Spanish)
  15. Power of Attorney Delegating Parental Power (Bilingual)
  16. Safety Planning for Immigrant and Refugee Women
  17. Safety Plan for Immigrant Victims of Domestic Violence
  18. Enhanced Safety Planning for Immigrant Survivors of Domestic and Sexual Violence
  19. Creative Use of Protection Orders in Battered Immigrant Cases

B. Violence Against Women Act (VAWA) Remedies

  1. Comparison Chart of U Visa, T Visa, VAWA Self-Petition, Special Immigrant Juvenile Status (SIJS), and Deferred Action for Childhood Arrivals (DACA)
  2. Collaboration, Confidentiality and Expanding Advocacy
  3. Certifying U Nonimmigrant Status
  4. VAWA Application Document Checklist
  5. Checklist for U Visa
  6. Protections for Immigrant Victims Infographic

A. Overview of Laws and Legality of Domestic Violence Programs Providing Services to Battered Immigrant Women

  1. Immigration Concepts and Glossary
  2. Know Your Rights (Bilingual)
  3. Red Card Template
  4. Red Card Template (Hmong)
  5. Red Card Template (Spanish)
  6. Defend Against ICE Raids and Community Arrests
  7. I am in Immigrant Detention – What are my Rights?
  8. I am in Immigrant Detention – What are my Rights? (Spanish)
  9. Organizational Grid of the Department of Homeland Security
  10. For Information on Interpreters…
  11. Battered Spouses and Children Confidentiality Fact Sheet
  12. Access to Programs and Services for Battered Immigrants
  13. Letter from the Department of Health and Human Services (HHS) Director
  14. Access to HHS-Funded Services for Immigrant Survivors of Domestic Violence
  15. Ensuring Access to Shelter and Transitional Housing for Immigrant Survivors
  16. Domestic Violence Agencies’ Protection from Criminal Liability for Providing Shelter to Undocumented Persons
  17. Are Victim Services Programs Liable for Criminal “Harboring” When They Work with Immigrant Survivors of Crime?
  18. Fact Sheet: Immigrant Access to Emergency Shelter and Transitional Housing
  19. Letter from the Department of Housing and Urban Development (HUD) Regarding Immigrant Access to Emergency Shelters

Legal Advocacy in Family Law Actions

  1. Overview of Legal Advocacy
  2. The Role of the Legal Advocate in Family Law Cases
  3. Legal Advice vs. Legal Information
  4. Objections: Relevance and Hearsay
  5. Assisting a Client with Preparation for a Temporary Divorce Hearing
  6. Recording Conversations and Usage in Court
  7. Free Civil Legal Services In Wisconsin
  8. Additional Internet Resources for Family Law Issues
  9. Websites for Further Information About Family Law
  10. Managing Your Divorce: A Guide for Battered Women
  11. Child Custody and Domestic Violence: A Chain of Unintended Consequences
  12. Wisconsin Department of Children and Families Q&A with Angela Russell, Executive Assistant
  13. American Judges Association Domestic Violence Booklet
  14. Lisa 911 Recording
  15. 2003 Wisconsin Act 130

C. Custody, Placement and Visitation

  1. Overview of Custody, Placement and Visitation
  2. Custody and Placement Presumptions in Wisconsin Family Law
  3. Summary of 2003 Wisconsin Act 130
  4. Family Law Bench Card
  5. Service of Family Law Documents and Local Court Rules
  6. Family Law Temporary Hearing: Tip Sheet
  7. Wisconsin Supervised Visitation and Safe Exchange Programs
  8. Third Party Visitation in Wisconsin
  9. Visitation by Grandparents and Other Third Parties
  10. Glossary of Terms: Family Law Chapter 767
  11. Resources for Custody, Placement and Visitation

B. Divorce, Annulment and Legal Separation

  1. Overview of Divorce, Annulment and Legal Separation in Wisconsin
  2. Getting a Divorce in Wisconsin: The Basics
  3. Basics of Family Law for Victims of Domestic Abuse
  4. Wisconsin Family Law Statutes when Domestic Abuse is Present
  5. Service by Publication: Family Law Actions
  6. Divorce by Counties in Wisconsin
  7. Wisconsin Family Law Pro Se Forms
  8. Resources for Divorce, Annulment and Legal Separation in Wisconsin

C. Evidence

  1. Frequently Asked Questions on Evidence
  2. Objections for Relevance and Hearsay
  3. A Guide to Hearsay Exceptions
  4. Recording Conversations and Usage in Court
  5. Laying the Foundation for Evidence
  6. How to Admit a Testimonial Statement into Evidence
  7. How to Admit an Email into Evidence
  8. How to Admit a Text into Evidence
  9. How to Admit a 911 Call into Evidence (Civil)
  10. How to Admit Medical Records into Evidence
  11. How to Admit a Photograph into Evidence
  12. How to Admit a Police Report into Evidence

E. Employment, Unemployment Compensation and Barriers to Work

  1. Resources on Violence in the Workplace
  2. Wisconsin Unemployment Compensation and Domestic Violence Law
  3. Safety Planning in the Workplace: Protecting Yourself and Your Job
  4. Employment Rights for Victims of Domestic or Sexual Violence
  5. Employment Protections for Victims of Domestic Abuse in Wisconsin
  6. Know Your Rights: Disabled Victims of Domestic and Sexual Violence
  7. Laws When Domestic Violence Affects the Workplace
  8. State Law Guide: Domestic and Sexual Violence Workplace Policies
  9. State Law Guide: Employment Rights for Victims of Domestic or Sexual Violence
  10. Occupational Safety and Health Administration (OSHA) Workplace Violence Fact Sheet
  11. Seven Reasons Employers Should Address Domestic Abuse
  12. Removal of Arrest Information
  13. Expunging Court Records
  14. Building and Repairing Your Credit History
  15. A Guide for Workers with Conviction and Arrest Histories
  16. Comparison of Federal and Wisconsin Family and Medical Leave Laws
  17. Department of Labor (DOL) FAQ Domestic Violence and FMLA

D. Tax

  1. Tax Information for Survivors of Domestic Abuse
  2. Low Income Taxpayer Clinics
  3. Innocent Spouse Relief
  4. Wisconsin Earned Income Credit
  5. Wisconsin Homestead Credit FAQ
  6. Request for Taxpayer Advocate Service Assistance
  7. Identity Theft Information for Taxpayers
  8. Identity Theft Information for Taxpayers (Spanish)
  9. Earned Income Tax Credit Eligibility Checklist for Tax Year 2016
  10. Earned Income Tax Credit Eligibility Checklist for Tax Year 2016 (Spanish)
  11. Internal Revenue Service (IRS) – What is My Filing Status?
  12. Understanding Your IRS – Individual Taxpayer Identification Number (ITIN)
  13. IRS – Need Someone to Prepare Your Tax Return?
  14. IRS Certified Volunteers Providing Free Tax Preparation (English, Spanish)
  15. The Taxpayer Advocate Service is Your Voice at the IRS

C. Housing

  1. Know Your Rights: Domestic Violence and Federally Assisted Housing
  2. Wisconsin Housing Law Protections for Domestic and Sexual Abuse Survivors
  3. Housing Flow Chart
  4. The Proactive Tenant’s Checklist
  5. Wisconsin Landlord-Tenant Law for Domestic Violence Victims
  6. Resources on Landlord-Tenant Law
  7. Sexual Harassment and Fair Housing Toolkit
  8. National Housing Law Project (NHLP) Housing Rights of Domestic Violence Survivors
  9. HUD Key Housing Provisions in the Violence Against Women Act (VAWA) 2013
  10. Wisconsin Public Housing Authority Contact Information
  11. Department of Housing and Urban Development (HUD) Laws Impacting Victims of Domestic Violence
  12. Consumer Facts: Manufactured Home Communities

B. Social Security Administration

  1. Social Security Programs Overview
  2. How Social Security Can Help You When a Family Member Dies
  3. Hiring a Social Security Disability Attorney
  4. The Appeals Process
  5. New (Social Security) Numbers for Domestic Violence Victims
  6. Social Security and Representative Payees
  7. Supplemental Security Income (SSI)
  8. What Every Woman Should Know
  9. SSI for Noncitizens
  10. Benefits for Children
  11. Benefits for Children with Disabilities
  12. Disability Benefits
  13. Retirement Benefits

A. Public Benefits

  1. Eligibility for Public Benefit Programs
  2. Overview of Immigrant Eligibility for Federal Programs
  3. 2016 Federal Poverty Level
  4. Information About Your Enrollment and Benefits
  5. Wisconsin Works (W-2) Department of Children and Families (DCF) Fact Sheet
  6. Facing Domestic Violence: How W-2 Can Help You
  7. W-2 Domestic Violence Brochure Memo
  8. Federal Communications Commission Lifeline Program FAQ
  9. Letter Regarding Immigrant Access to Housing and Services
  10. Good Cause Claim Form
  11. Request for a W-2 Fact Finding Review Form
  12. Request for Fair Hearing Form
  13. Request for Fair Hearing Form (Arabic)
  14. Request for Fair Hearing Form (Burmese)
  15. Request for Fair Hearing Form (German)
  16. Request for Fair Hearing Form (Hmong)
  17. Request for Fair Hearing Form (Lao)
  18. Request for Fair Hearing Form (Mandarin Chinese)
  19. Request for Fair Hearing Form (Russian)
  20. Request for Fair Hearing Form (Somali)
  21. Request for Fair Hearing Form (Spanish)

C. Miscellaneous Laws Protecting Domestic Violence Victims

  1. Changing a Social Security Number: An Overview
  2. Confidential Name Change in Wisconsin: The Basics
  3. Confidentiality of Voting Records
  4. Driver’s Privacy and Protection Act
  5. Insurance Practices on the Basis of Domestic Abuse
  6. IRS Innocent Spouse Tax Relief Eligibility
  7. Safe at Home Act: Address Confidentiality Program
  8. Voting Guide for Advocates and Survivors: An Overview
  9. Wisconsin’s Unemployment Compensation and Domestic Violence Law

E. Leaving with Children: Uniform Child Custody and Jurisdiction Enforcement Act (UCCJEA)

  1. Overview of UCCJEA: Protective Parents Wishing to Leave the State
  2. UCCJEA – The Decision to Leave Wisconsin
  3. UCCJEA – Coming to Wisconsin from Another State
  4. UCCJEA Guide for Court Personnel and Judges
  5. UCCJEA and Domestic Abuse
  6. Victims/Survivors Leaving with their Children: Legal Issues and Concerns
  7. Civil and Criminal Laws Which May Impact Those Who Leave With Children

D. Child Abuse Reporting Requirements in Wisconsin

  1. Wisconsin Child Abuse Reporting Requirements for Individuals
  2. Overview of and Resources for Reporting Requirements for Abuse Against Children in Wisconsin
  3. Overview of and Resources for Reporting Requirements for Abuse Against Teens in Wisconsin
  4. Wisconsin Child Abuse Reporting Requirements for Entities
  5. Children & Youth Advocate Manual Section 3
  6. Teens and Mandatory Reporting

C. Confidentiality and Children’s Records

  1. Domestic Violence Programs and Children’s Records
  2. Memorandum on Child Welfare Laws
  3. Minors’ Medical Records in Wisconsin
  4. Minors’ Student Records in Wisconsin
  5. Arguments to Possibly Refute a Parent Access to a Minor’s Records
  6. When Can Teens Seek Services Without Parental Consent?
  7. Emancipation upon Marriage
  8. Homeless Youth and the McKinney-Vento Act

A. Wisconsin Laws Referring to a Domestic Violence Program

  1. Federal and State Laws Impacting/Referring to Domestic Violence Programs
  2. Provision of Services to Men and Women
  3. Advocate-Victim Privilege Law in Wisconsin
  4. Nondisclosure Law in Wisconsin
  5. Victim Service Representative Law in Wisconsin
  6. Selection Form for Service Representative for Adult Abusive Conduct Complaints
  7. I-I_4 Fillable Selection_of_Service_Representative (Eng-Span)
  8. I-I_4 Fillable Selection_of_Service_Representative (Eng-Hmong)
  9. 17-year-old Contracting for Admission to Shelter Facility or Transitional Living Program

Legal Manual for Wisconsin Domestic Abuse Advocates