Practical Report FINAL
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Mount Kenya University *
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BIOC 344
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Law
Date
Nov 24, 2024
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docx
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8
Uploaded by MinisterMusicHerring17
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Practical Report
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The location and role of the local court
Family violence is a widespread and pervasive problem that frequently leaves its victims
in desperate need of immediate safety (Wallace et al., 2019). The local court's function as a
protective and corrective body emerges within this challenging framework. In this particular
circumstance, it would be the district court's role to deal with the family violence protection
order the young adult is asking for. The primary role of the local court is to serve as a quick point
of redress for victims. It guarantees that persons harmed have rapid access to the legal system
and are not slowed down by complicated procedures by providing a reasonably straightforward
approach. Local courts swiftly handle family violence cases because they understand the serious
and imminent danger many victims face (Wallace et al., 2019). Each request for a protection
order is taken more seriously as a call for safety than just a piece of paper.
The Local court also serves an educational purpose. It educates the community about the
nature of family violence, its signs, and accessible remedies by hosting community outreach
programs, information sessions, and workshops. Such programs promote an informed
community, which can serve as a deterrence to potential offenders. Local courts also serve as a
link between victims and a wide range of assistance programs. The court ensures that the
protection it offers under the law is supplemented with emotional and psychological support
from the community by working with neighborhood shelters, counseling centers, and helplines.
The legal process
Family violence is a pervasive social problem that requires public awareness and a
vigorous legal reaction. The judicial system has established a systematic procedure to guarantee
that victims can quickly obtain protection while upholding due process (Murray et al., 2022). The
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process usually starts when the victim, or an advocate acting on their behalf, requests a Family
Violence Protection Order (FVPO) from the local court. This petition acts as a lighthouse, asking
the court to get involved. It demands specifics, asking the victim to describe the type, frequency,
and intensity of the violence they have experienced and to bolster their claims with any relevant
documentation.
But because domestic violence cases frequently involve urgent immediacy, the
court has the authority to make an interim injunction even before the formal hearing occurs
(Murray et al., 2022). The conditions of this temporary protection, which the court may impose
based on circumstantial evidence or when it determines that the victim is in imminent danger,
may include prohibiting the suspected aggressor from entering the victim's house or instituting a
no-contact policy between them. The interim order is now in effect, and the court moves on to
the next stage by setting a hearing date. This hearing marks a crucial turning point. Here, the
court listens carefully to the facts and gives voice to both the victim and the alleged aggressor.
This evidence can take many different forms, such as photographic documentation of the
gruesome aftermath of physical assault, medical records that detail the victim's injuries, or
testimonies from bystanders who have seen aggressiveness in action. The alleged offender can
also refute the proof and give their side of the story.
The court issues a final FVPO after hearing the testimony and examining the facts if it is
convinced that there is a threat of violence. The conditions of the order may be tailored to the
case's particulars. They may include anything from prohibiting the perpetrator from committing
other violent actions to requiring treatment sessions. However, the FVPO's issuing is not the final
step. It is essential to enforce. The alleged offender faces severe consequences, which may range
from monetary fines to jail if they violate the terms of the order. The victim must be on guard
and disclose any infractions in order to keep the legal system's defense mechanism active.
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The local support services
A wide range of local support services serves as guiding lights and sources of hope for
survivors of family violence as they navigate the complex healing process and legal action
following their experience with the violence. These organizations, both inside and outside the
legal system, provide comprehensive support specifically suited to the difficulties encountered
by people who have undergone such traumatic events. The Legal Aid Services provided by the
local courts are essential to the legal process. These services are crucial in ensuring that justice is
available to everyone, serving as more than just a lifeline for those struggling financially
(Sourdin & McNamara, 2020). Professional lawyers knowledgeable about the specifics of family
violence cases are prepared to provide specialized counsel, aid in document preparation, and
speak on behalf of survivors so that their voices are heard in the halls of justice. Apart from the
professional lawyers, the Court Support Workers also act as a local support service. Despite
having a possibly low profile, the Court Support Workers' role has a significant impact. The legal
system, with its complexities, can be intimidating, especially for a young adult who is already
dealing with trauma. These professionals simplify difficult legal issues while providing comfort
and clarity. They go beyond simple explanations to provide a shoulder, a listening ear, and a
comforting presence so survivors never feel alone or overpowered in the clinical courthouse
hallways.
Furthermore, the Local Counseling Centers act as places of solace outside the court's
precincts. These facilities provide specific therapy services in recognition that the emotional and
physical wounds of family violence are equally severe (Mengo et al., 2020). Here, survivors are
given the tools they need to deal with their trauma, face their fears, and start the process of
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psychological healing. Their professionally trained therapists offer a secure environment for
expressing hurt, rage, and confusion, assisting survivors in finding their way toward healing.
Preparation for Subpoena
If I was served with a subpoena, I had to provide my case notes and appear in court as a
witness. As part of my preparation, I need to make sure that my case files are in check and that I
am able to describe the findings of my analysis in a way that is clear to the judge. In addition, I
need to ensure that I am prepared to answer any inquiries that the defense or the prosecution may
ask of me. Legal advice must be sought at every stage of this process. There are many legal
complexities, particularly in cases of family violence where emotions and the law are
intertwined. By communicating with legal professionals, I would learn more about the
anticipated course of the court proceeding (Lee et al., 2020). In addition to helping me
understand my responsibilities, this consultation will help me develop effective presentation
methods that respect the client's privacy and dignity.
I would put time into practice and anticipation to ensure the testimony in court is clear
and focused. Preparing for questions to expect and practicing responses increases confidence and
ensures the message is delivered clearly, succinctly, and in the client's best interests. Being
prepared reduces the possibility of being overpowered or taken off guard in the frightening
environment of the courtroom. Finally, it's critical to talk about emotional readiness. Hearings
can be difficult emotionally, especially ones that center on family violence. It is crucial to arm
myself mentally and emotionally to face the demands of the courtroom with steadfastness,
composure, and unwavering resolve.
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Ethical Issues
Several ethical considerations may arise as a community service worker assisting a young
adult son seeking a protection order for family violence. One significant ethical concern is the
principle of confidentiality and informed consent (Lerman et al., 2022). During conversations
with the community service volunteer, the young adult son may divulge sensitive and private
information, especially when discussing the family violence he has suffered at home. It is crucial
to uphold absolute secrecy and safeguard the client's privacy, ensuring that any information given
remains private unless the client approves. As a community service worker, I must first establish
the principle of informed consent to address this ethical dilemma. This entails openly debating
the reason for and potential results of exposing sensitive material and any possible risks or
repercussions of doing so. Before any information is shared with other parties, such as the court,
the client must be fully aware of how it may be used, especially in legal proceedings, and give a
voluntary and informed agreement.
Additionally, I must consider potential power imbalances in the client-worker interaction
(Lerman et al., 2022). Due to the hostile environment at home, the young adult son seeking
protection from family violence may already feel helpless and defenseless. This disparity in
authority may affect the client's capacity to give informed consent freely. To address this, I must
establish a secure and encouraging environment that fosters the client's autonomy, open
communication, and trust. The prospect of conflicts of interest may also present an ethical
problem. I might have personal ties or relationships with those involved in the case, such as the
client's family or friends. These previous ties might make it more difficult to help the young adult
son throughout the legal process with the necessary objectivity and impartiality. To address this, I
must maintain high professionalism and openness. Any potential dual relationships or conflicts
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of interest must be made known to all relevant parties, including the client and the attorneys
working on the case. By being aware of these connections, I can guarantee that my actions and
judgments are motivated by the client's best interests and are unaffected by personal connections
or biases.
References
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Wallace, H., Roberson, C., & Globokar, J. (2019). Family violence: Legal, medical, and social
perspectives. Routledge.
Murray, S., Bullen, J., Theobald, J., & Watson, J. (2022). Building the evidence for family
violence policy reform: The work of specialist women’s refuges in Victoria, Australia.
Social policy and society, 21(3), 422-438.
Sourdin, T., Li, B., & McNamara, D. M. (2020). Court innovations and access to justice in times
of crisis. Health policy and technology, 9(4), 447-453.
Mengo, C., Beaujolais, B., Kulow, E., Ramirez, R., Brown, A., & Nemeth, J. (2020). Knowledge
and perspectives of domestic violence service providers about survivors with mental
health disability. Journal of family violence, 35, 181-190.
Lee, W. E., Stewart, D., & Peters, J. (2020). The law of public communication. Routledge.
Lerman, L. G., Schrag, P. G., & Rubinson, R. (2022). Ethical problems in the practice of law.
Aspen Publishing.