Removing Barriers for Survivors 
with Disabilities Seeking 
Protection Orders 

Jannette Brickman, J.D. 
Senior Program Associate 
Center on Victimization and Safety 
December 17, 2019 



Poll 1 

I have worked with/represented someone with 
a disability: 
Yes 
No 
I don’t know 



Why This Matters 

• 
1 in 5 people in the United States has a 
disability. 
https://www.endabusepwd.org/publications/safe-americans-disabilities/ 

• 
The FBI receives over 1 million domestic 
violence final protection orders from state 
courts yearly. This does not include all states 
or all counties within states. 
• 
Around 20% of victims of intimate partner 
violence receive civil protection orders. 
https://iwpr.org/wp-content/uploads/2017/01/Protection-Orders-and-Survivors.pdf 



Why This Matters, cont. 

• 
People with disabilities experience rates of 
domestic and sexual violence at between 3 
and 7 times the rate of violence against 
people without disabilities. 
• 
The 2010-2014 National Crime Victimization 
Survey found: 
• 
Intimate partners committed 14% of 
violence against people with disabilities 
• 
Other relatives committed 11% 
• 
Acquaintances or people the survivor knew 
well committed 40% 

Barriers to seeking help 

• 
People with disabilities are perceived as 
lacking credibility 
• 
Abusers will use the excuse that injury 
happened while attempting to provide care 
• 
Fear of people in their community finding 
out 
• 
Fear of losing custody of their children 
• 
Threats to their service animal, or actual 
harm caused 
• 
Fear of system involvement 

Additional Barriers 

• 
Ableism 
• 
Legalese 
• 
Policies and procedures 
• 
Forms 

The Protection Order Process 



National Center on Protection 
Orders and Full Faith and Credit 



Scope of Tip Sheet 

A. Cognitive Disabilities 
• 
To include intellectual disabilities, 
developmental disabilities, Alzheimer’s, 
traumatic brain injury, and others that 
impact cognition 
B. Mental Health Disabilities 
C. Physical Disabilities 

A note on TBI: 

Researchers found that more than four out of five 
Ohio women who had been physically abused by 
their partners had suffered a head injury. 

“Wherever [survivors of domestic violence are] 
presenting, we should recognize that that person 
before us could very well have a brain injury. We 
should almost be assuming.” 

https://www.dispatch.com/news/20190701/brain-injuries-from-domesticviolence-
often-undetected-study-finds?fbclid=IwAR1QmcLg1GVoQw0xVSHTwmjNfdnc8ioStgF0sy-
G5s17IMoCj4UiVQVYL0 



Tip Sheet, cont. 

I. Identification of Disability 
II. Relevance of Disability 
III. The Initial Meeting 
IV. Paperwork 
V. Interacting with the Clerk/Filing 
VI. Appearing in Court – Ex parte 
VII.Appearing in Court – Final 
VIII.Enforcement/Full Faith and Credit 

Poll 2 

As attorneys or advocates, how many of you 
have had to explain the protection order forms 
and what they are actually asking to your 
clients in various ways? 

Always 
Never 

Sometimes 



Identification of Disability 

• 
Universal Screening Tool for intakes 
• 
Forms in plain language 
• 
Will anyone else be accompanying your 
client to court/hearings? 
• 
Confidentiality 

Identification, Cognitive 

• 
Ability to understand legal matters 
• 
Legal guardian? If so, request documents 
• 
May need assistance in providing clear 
explanations of events 
• 
Clients may have: 
• 
Short attention span 
• 
Limited vocabulary 
• 
Difficulty answering questions 
• 
Trouble reading or writing, especially legalese 

Identification, Mental Health 

• 
Ability to understand legal matters 
• 
Any concerns about recall ability? 
• 
People with mental health disabilities may 
experience: 
• 
Confused thinking 
• 
Excessive fears 
• 
Lack of concentration 
• 
Delusions/hallucinations 

Identification, Physical 

• 
Do you need to modify your physical space? 
• 
Any technological assistive devices needed? 
• 
Don’t assume no disability because you can’t 
see it 
• 
Ask about accommodation needs 

Relevance of Disability 

1.What role does disability play in the abuse, if 
any? 
2.Could the disability be used against your 
client? If so, how? 

Scenario 1 

Your client is seeking a protection order against 
her spouse, who she claims has been physically 
and verbally abusive. Your state allows child 
custody to be determined in a protection order, 
and she wishes to seek custody of her threeyear-
old son. The abuse has created severe 
anxiety and depression. You anticipate the 
spouse will claim she is unfit to parent since she 
admits she can hardly get out of bed some days. 

Is your client’s disability relevant? Why or why 
not? 



The Initial Meeting -Cognitive 

• 
Set aside more time 
• 
Legal forms in plain language, retainer, etc. 
• 
Ask open ended questions 
• 
Ask client to repeat information to ensure 
understanding 
• 
Short, concrete sentences 
• 
Limit distractions 
• 
Define key terms in plain language 

Initial Meeting -Mental Health 

• 
Position yourself in least threatening manner 
• 
Eye contact – use cues from client 
• 
Attempt to understand the disability – 
research if necessary 
• 
Understand how it impacts ability to recall, 
interact, etc. 
• 
Ask them what they want to see happen 

Initial Meeting -Physical 

• 
Consider the accessibility in your office; can 
you still close your door if wheelchair used? 
Bathroom accessible? 
• 
Can someone who is blind or has sight 
limitations read your documents? 
• 
If adaptive technology used, are you 
trained in how to use it? 
• 
Do not touch/pet service animals 
• 
Mobility devices are an extension of the 
person 

Paperwork -Cognitive 

• 
Does ADA coordinator have official 
paperwork in plain language? 
• 
Strategies for assisting with timeline 
• 
Cheat sheet for important information 
• 
Explain why certain questions are asked 
• 
Avoid conclusory language (i.e. when was 
the last act of violence) 

Paperwork – Mental Health 

• 
Use multiple strategies for gathering 
information 
• 
Consider whether information gathering 
could be retraumatizing, and use other ways 
• 
Don’t minimize their experiences or beliefs 
• 
How can information gathering be 
methodical? 

Paperwork -Physical 

• 
Braille 
• 
Screen reader 
• 
Trained on assistive technology, and 
technology up to date 
• 
Mechanism to sign documents if someone is 
blind (i.e. witness) 
• 
Seek feedback on assistive devices 

Scenario 2 

You are an advocate working with someone 
wishing to file a protection order against a live-
in partner. Your client has difficulty 
remembering timelines, and your state forms 
require a list in chronological order, starting 
with the most recent acts of violence, be 
included. 

What is the best way for you to proceed and 
assist your client when they get the forms from 
the clerk? 



Interacting with the Clerk/Filing – 
Cognitive and Mental Health 

• 
Identify place to meet ahead of time 
• 
Map of courthouse with safe space available 
• 
Create list of what is needed from clerk 
• 
Print forms in advance if available online 
• 
Know how to request accommodations 
• 
Have contact information for the ADA 
coordinator available at all times 

Interacting with Clerk – Physical 

• 
Ensure clerk’s office is accessible – Stairs? 
Elevator? 
• 
Consider how you would direct someone 
who is blind to the office 
• 
Are there escorts at security you can direct 
client to? 
• 
Contact information for ADA coordinator 
• 
Arrive early to address any barriers (i.e. 
elevator out of service) 

Poll 3 

I have contacted my jurisdiction’s ADA 
Coordinator in the past: 
Yes 
No 
I don’t know who the ADA Coordinator is 



What do survivors say? 

“Just because I’m not making eye contact 
doesn’t mean I’m not telling the truth.” 

“Now is not the time to give me next steps. 
I’m still trying to process what just happened. 
Ask me if I’m OK, if I need water, and then 
follow up with me later.” 



What do survivors say? (2) 

“Courts are not the safest place for us to be.” 

”A judge asked me, ‘how do you know he’s 
been following you?’ as if I don’t know.” 



Scenario 3 

You and your client are preparing for the final 
hearing for a two-year protection order for 
stalking. Your client has been diagnosed with 
Paranoid Personality Disorder, which her 
former partner is aware of and is expecting 
that he will use the diagnosis to cast doubt on, 
and defend, the stalking allegations. 

What do you do? 



Appearing in Court – Ex Parte: 
Cognitive 

• 
Create pictorial guide of courtroom and 
process 
• 
Explain roles of everyone in room 
• 
Courtroom behavior and dress 
• 
Anyone assisting client? Where will they sit 
and what will their role be? 
• 
Address client directly, even if support 
person with them 

Appearing in Court – Ex Parte: 
Mental Health 

• 
Determine if client requires other supports 
• 
Explain roles and process 
• 
Courtroom behavior and dress 
• 
Be ready to explain behaviors that court 
may need to understand to avoid 
misunderstanding 
• 
Any additional advocates needed? 
• 
Know process for requesting 
accommodations 

Appearing in Court – Ex Parte: 
Physical 

• 
Ensure courtroom is accessible 
• 
If not, ask for necessary accommodations, 
including changing locations 
• 
Have contact information for ADA 
coordinator readily available 

Appearing in Court – Final: 
Cognitive 

• 
Request extra time if needed 
• 
Prepare plain language documents for 
client to follow along 
• 
Consider having expert testify regarding 
the disability and how it does – or doesn’t – 
affect the facts at issue 
• 
Role play with client 

Appearing in Court – Final: Mental 
Health 

• 
Attempt to alleviate effects of mental health 
disability 
• 
Request telephonic testimony if needed 
• 
Attempt to stipulate certain facts 
• 
Expert to testify regarding disability 
• 
Preview courtroom 
• 
Role play 

Appearing in Court – Final: Physical 

• 
Meet ahead of time to arrive to court 
together 
• 
Ensure physical access in courtroom 
• 
Alert judge in advance if issues, i.e. 
recording device on dais that client cannot 
access 

Scenario 4 

Your client has an intellectual disability that 
makes prolonged concentration difficult. He 
knows he will have to be attentive when 
testifying at his protection order hearing and 
you have prepped him for it. The opposing 
attorney, at the temporary hearing, has already 
suggested that your client doesn’t need a 
protection order and isn’t fearful in any way 
since he appears bored in court. Your client 
looks down to help him concentrate. 

How do you handle this? 



Enforcement: Cognitive and Mental 
Health 

• 
Fully explain to client what they need to do 
to ensure enforcement 
• 
Safety plan around possible violations in 
plain language 
• 
Who to call if violation 

Enforcement: Physical 

• 
Consider having the order printed in braille 
so client has access to information in it at all 
times 
• 
Provide the order electronically and in a 
format that can be read by a screen reader 
• 
Safety plan around possible violations 
• 
Inform the client of who to call if there is a 
violation 

Final thought 

Approach all clients through a strengths-based 
approach 



Questions? 

Jannette Brickman, J.D. 
Senior Program Associate 
Center on Victimization and Safety, Vera Institute of 

Justice 

jbrickman@vera.org 
www.endabusepwd.org 

12/13/19 



Resources 

How Safe are Americans with 
Disabilities? 

https://www.endabusepwd.org/publications/safe-americansdisabilities/ 


Protection Orders and Working with 
People with Disabilities 

https://www.bwjp.org/assets/protection-orders-and-working-withpeople-
with-disab.pdf