Civil Legal System Survivor Input
“I wish that they understood that the process in itself is traumatizing, and that we have already been traumatized.”
— Survivor
Survivors’ Experiences with Whatcom County Protection Order, Parenting Plan, and Divorce Processes
Findings & Recommendations
Justice for Families Project
Published May 2026
This project was supported by Grant No. 15JOVW-24-GG-00060-JFFX awarded by the Office on Violence Against Women, U.S. Department of Justice. The opinions, findings, conclusions, and recommendations expressed in this publication/program/exhibition are those of the author(s) and do not necessarily reflect the views of the U.S. Department of Justice.
Contents
Key Finding 1: The complexity, opacity, and inconsistency of the legal system make it extremely difficult for survivors to access and navigate these systems, particularly for those who have experienced and are experiencing trauma.
Key Finding 2: Judicial officers and court staff often demonstrate a misunderstanding of intimate partner violence dynamics and the impacts of trauma. But when they do show understanding, they enhance survivors’ ability to access safety measures and survivors’ overall sense of justice.
Key Finding 3: Access to the courts is dependent on having a level of time, stability, resource availability, and executive function that are fundamentally inaccessible to survivors of violence.
Key Finding 4: Survivors experience racism, sexism, and religious discrimination within the court system. Lived experience with and fear of racism and sexism is a barrier to accessing the civil legal system.
Key Finding 5: Domestic Violence & Sexual Assault Services (DVSAS) provides essential support to survivors in our community.
Key Finding 6: Law enforcement responses often did not meet survivors’ needs.
Key Finding 7: Informal support systems can play a key role in survivor outlook and safety, connection to resources, and emotional support.
Appendix A: Recommendations by Responsible Party
Recommendations for Superior & District Court Administrators
Recommendations for Domestic Violence & Sexual Assault Services
Recommendations for the Bellingham-Whatcom County Commission on Sexual & Domestic Violence
Recommendations for Whatcom County’s Guardian ad Litem Committee
Recommendations for Whatcom County, City of Bellingham, and small cities government
Appendix B: Recommendations addressed by the Justice for Families (JFF) Project
Introduction
Justice for survivors of intimate partner and sexual violence often feels out of reach. Beyond the criminal legal system, survivors can seek help from the courts in the civil legal system, including protection orders, parenting plans, and divorce.
In 2024, the U.S. Department of Justice Office on Violence Against Women awarded our community a Justice for Families grant to fund a project with two central goals:
1) Improve civil court processes to be accessible, easy to navigate, trauma-informed, and procedurally just for survivors of domestic/dating violence, sexual assault, and stalking; and
2) Create welcoming, standardized, and clear civil court processes to achieve language access for survivors for whom written and spoken English is not their first language.
While several aspects of the Justice for Families project have begun and are ongoing, the remaining project activities will be informed by what we heard from local survivors of intimate partner violence. We heard from both survivors who had used the protection order, parenting plan, and/or divorce processes and those who had not. We wanted to identify barriers, learn more about system strengths and challenges, and identify supports needed to improve the civil legal system for survivors.
A four-person research team analyzed the interview transcripts to identify the themes that emerged from each survivor’s story. These themes point to opportunities to improve our systems. Survivors are seeking safety for themselves and their children. The protection order and family law processes offer legal remedies for the abuse they are experiencing, but often these processes do not meet the survivors’ needs.
A larger team, consisting of local service providers, court administrators, and more, reviewed the themes and identified recommendations to improve access to justice for survivors. Responding to these recommendations can increase safety in our community. While the civil court system is only one aspect to safety for survivors, and is not the right fit for everyone, our courts have the power and responsibility to increase access to justice, leading to increased safety for survivors and their children. Improving these systems requires collaboration between judges and commissioners; court administrators; court clerks and other staff; community-based advocates; and legal aid organizations.
This report contains survivor quotes from the interview transcripts, highlighted within the text by quotation marks. Quotes are not attributed by name to protect survivors’ privacy.
A major limitation of this survivor input process is that all the interviewees were fluent English speakers, and other than experiences with Post Traumatic Stress Disorder, none described specific challenges due to a disability. Therefore, the recommendations shared below do not include the experiences of survivors with limited English proficiency and survivors with disabilities, as our project goals centered. As you read, consider the experiences of community members with limited English proficiency and/or who have a disability. How would they get information? How would they find where to go in the courthouse? How would they understand judges’ decisions? With recent immigration enforcement activity inside the Whatcom County Courthouse and on the streets next to the Whatcom County Courthouse and Bellingham Municipal Court, consider how immigrant survivors do not have equal access to civil legal remedies.
We did hear from survivors who had experienced racism and feared experiencing racism in the court system (see Key Finding 4). As you read each finding and recommendation, consider how a race equity lens can be applied to each recommendation. Consider how ongoing federal immigration enforcement outside and within the county courthouse impacts access.
Abuse Experiences
All the survivors interviewed had experienced intimate partner violence from one or more partners or former partners.
Many survivors experienced circumstances that put them at high risk of intimate partner homicide, including separating from the abusive person, stalking, sexual abuse, and reproductive coercion. More than half of the survivors shared that the abusive person had attempted to kill them, threatened to kill them, or they feared the person would kill them.
They also experienced physical abuse and coercive control including isolation, financial abuse, and using children to abuse the survivor.
Abusive people also used systems to abuse the survivor, including calling the police on the survivor, abusive litigation (forcing the survivor back into court repeatedly and unnecessarily), and verbal attacks and intimidation in court.
Survivors were clear about their reasons for seeking or not seeking help from the courts.
Reasons for Seeking Court Help: Survivors wanted
Abuse to end
Safety for their children
Relief from their partner's addiction
Reasons for Not Seeking Court Help
Process Uncertainty: Did not know where to start or how to do the process.
Cost Barrier: Could not afford an attorney.
Lack of Awareness: Did not know that Protection Orders (POs) were an option.
System Mistrust/Discouragement: Lack of trust in the system; worry about the system causing more harm (particularly concerned about racism and sexism, which many had already experienced from systems); didn't think it would work or were discouraged from trying. “I didn’t want to be in a position where I wasn’t heard or believed. I didn’t think that the system could protect me.”
A Note about Recommendations
The recommendations in response to each finding require financial resources. When we say non-profits should expand their capacity, it is the responsibility of local, state, and federal governments; philanthropic organizations; and the community to fully fund these services, not the agency’s responsibility to make limited funding spread further. The Whatcom Racial Equity Commission and the Bellingham-Whatcom County Commission on Sexual & Domestic Violence are two local resources that can provide guidance, resources, technical assistance, and leadership to address many of these recommendations. These Commissions must be fully funded to provide that support. Investing in systems change to improve supports for survivors is about survivor and community safety and well-being. The legal remedies addressed below also save money by protecting survivors’ assets and incomes, keeping them housed, and addressing and preventing further trauma for them and their children.
Training for practitioners across disciplines is frequently included in these recommendations. Training can be planned with local and national experts in coordination with the Bellingham-Whatcom County Commission on Sexual & Domestic Violence. Potential resources include the Washington State Administrative Office of the Courts, the National Council on Juvenile and Family Court Judges, the Center for Justice Innovation, and the Battered Women’s Justice Project. Our community should also mainstream education on domestic violence, sexual assault, stalking, and trauma responses in education programs that prepare people to work in the legal field.
Whatcom County has strong partnerships across disciplines, and we already have a commitment across sectors to improving access to justice. Accountability for meeting the recommendations below must fall to each agency and we can work together to make these changes. Agencies must put in place training, support, and accountability measures. One example would be to assign one judicial officer as the domestic and sexual violence representative for the entire bench. This judicial officer can lead trainings for other judicial officers, ensure training completion, and attend community meetings regarding domestic and sexual violence. Our courts have already shown a commitment to educating judicial officers on domestic violence. For example, Whatcom County Superior Court is participating in the Washington State Protection Order Reimbursement & Training (PORT) Project, and two Whatcom County judicial officers recently participated in the National Council of Juvenile and Family Court Judges’ workshop Enhancing Judicial Skills in Domestic Violence Cases. Next, we can identify ways to fully leverage those opportunities to make real change.
Implementation of the recommendations will require creativity, commitment, and multidisciplinary collaboration. Commitment by each agency will create sustainable change. Creating a Domestic Violence Court in Whatcom County would address many of the changes needed to improve access to justice for survivors (see Recommendation 1.B for more information).
Recommendations addressed by this current Justice for Families Project are listed in Appendix B.
[1] This report focuses on intimate partner violence and uses the terms “domestic violence” and “intimate partner violence” interchangeably. All references to domestic violence focus on violence in intimate (romantic) relationships.
[2] See Washington Courts for more information about the difference between criminal and civil legal systems.
Key Finding 1: The complexity, opacity, and inconsistency of the legal system make it extremely difficult for survivors to access and navigate these systems, particularly for those who have experienced and are experiencing trauma.
“It’s like you need help to even navigate or enter the system. Then, the process is unclear, and no one knows where to go or what to do.”
Survivors benefit from and need more information and supportive guidance. Survivors are enduring both past and ongoing trauma from abuse, reliving the trauma in court, and experiencing a court process that is itself traumatic and stressful. They need support to cope with past and ongoing trauma, and to navigate the civil legal system.
“It’s hard to walk into some place and sit down and put it out on the table, because it’s not just about filling out the paperwork, it’s reliving it. And so the PTSD that comes along with it, and the trauma that comes along with it, it’s sometimes too overbearing and it’s like, I can’t do this right now. I walked out of there, and because the trauma was so overbearing, you can’t endure it.”
“It was so traumatic to be showing pictures of my girls' bruises and arguing with the [other party’s] lawyer about using the photos as an exhibit and I got so overwhelmed, that I forgot to show a letter he had written me admitting the sexual assault. I just had to sit down and say, ‘I'm done.’ I felt like I was in a white out, I couldn't think and I couldn't go on.”
“I need more guidance. Our family is so involved and relies on each other so much, so to do something this big, I need the guidance and support, but I can’t get that with my family. And I’m also faced with is this right, is this not right, how is he going to react when he sees this? It makes me freeze and say, ‘I’ll do it tomorrow’ and become avoidant.”
“So you don’t clearly think, like for me, when I have a post-traumatic stress episode, when I get caught in the throes of those, I have a tendency to forget things. I’ve done a lot of work on myself over the years to not do that, but when I came out of it, it’s kind of like someone had a stroke. My memory is not on point, and it doesn’t last just for a day, it can last for weeks and months.”
Survivors describe not knowing where to start, unclear processes, confusion about their court dates, lack of clarity from judges about next steps, not understanding the system (including how to use evidence), not understanding how the judge makes decisions, having to repeat their story again and again, not knowing options, not knowing how to access case numbers, overloaded family law facilitators, not being able to get information from court clerks, and misinformation from their attorney.
"I never knew what I was doing, was what the problem was."
“I guess I didn't really understand the whole process. You go into this thing, your brain is swimming. I could barely read or write things down.”
“For me right now, I feel like I’m stuck in sinking sand and I’m unable to get out because I don’t know which ones to fill in, I don’t want to mess up, there’s so much hesitation and mistrust within myself, because I’m already facing a lot of fears moving into this. Not knowing what I’m doing moving into this is even more paralyzing.”
“There were some things I had to clarify, but it wasn't necessarily the language I needed to understand. It was the judge that wasn't clear to me about next steps.”
“I don't know how the judge is making their decision. I can't understand it and they don't explain it.”
“I didn't know that I was supposed to have the doctors in court and that it was hearsay, so I couldn't admit it as evidence.”
“Why can't the same judge who did the settlement conference do the whole case? I don't understand why the mediation stuff can't be submitted to the court…why do I have to do it again and write it all down again? Why do I have to start over with everything? I'm just asking to be seen.”
“I was terrified [waiting for the PO to be served] and it was escalating and I thought I had a solution, but it wasn't being enacted, and I had no idea what was going on.”
Survivors often don’t know of or are unable to access resources. They particularly noted the lack of access to legal advice. One shared “I mainly had Google” to help them through the process. Another shared that while they knew about LAW Advocates, they couldn’t attend a legal advice clinic because of work, being a student, and lack of childcare. One survivor described the complexity of having to get a referral for legal help by contacting Domestic Violence & Sexual Assault Services (DVSAS). Another survivor, who experienced financial abuse, shared that she couldn’t get help because her abusive husband’s income made her ineligible for income-based support.
“I didn’t know where to go for help.”
“I didn’t know what resources were available.”
Support from family and friends can be helpful but is inequitable. One survivor shared that she got help from a friend who worked for Lummi Victims of Crime and therefore knew the resources and systems. Another shared that her new partner’s family has legal experience and has helped guide her in her family law case: “I think I would be dead if it wasn't for that family." One survivor explained that while “My family is very supportive…English isn’t our first language, so they are more emotionally supportive than they are with navigating how to fill it out and things like that.” Whether a survivor can access the civil legal system should not rely upon having personal, coincidental connections with advocates or the legal field.
Advocates and civil legal aid provided the necessary support for some of the survivors interviewed. One shared that she got her original parenting plan by talking with DVSAS and LAW Advocates’ Street Law program. But having this initial support wasn’t enough for this survivor, who is now working on a parenting plan modification after continued abuse from her ex-husband. More about help received from DVSAS is described in Key Finding 5 below. Another survivor described finding DVSAS to be incredibly helpful:
“Going in and sitting down with an advocate, it helped to have that support. Some of the paperwork was so…it seemed like in a foreign language. So having somebody to help me walk through it, that was a great help. If I was to just go in, to the courthouse, and pick up the paperwork, and try to do it myself, it would’ve been a lot harder. So having that person come up alongside me and help me go through the process. The last one I had gotten, I think she was a court advocate, that went to court with me, and was that support. That helped me feel a bit safer.”
While attorneys can provide the support a survivor needs to go through these systems, survivors face many barriers to accessing legal representation. The cost is out of reach for many survivors, finding an attorney to take their case is difficult, and having an attorney is not a guarantee of quality support. In Washington State, courts may appoint an attorney to represent the petitioner in a protection order hearing if the respondent has an attorney. This is not a common practice in Whatcom County Courts.
There is a huge inequity for the abusive person to have a lawyer while the survivor is unrepresented.
“I don't have equal access to the system because I don't have a lawyer… They need supports for people who are pro se [unrepresented] and doing everything on their own.”
“The judge is allowing everything he asks, and I am representing myself.”
A good lawyer can help a survivor set up long-term safety provisions through the legal system.
“I hired a private attorney. He laid the groundwork for the future. He had a crystal ball and knew what I would potentially face in the future…Having an attorney who has that foresight and has client’s interest at heart, and child’s interests, that was super helpful to me.”
“Knowledge is power and I felt empowered by [my attorney].”
“My advocate advised me to get a lawyer throughout the divorce, he was wonderful, is wonderful, he still checks in on me from time to time. His whole firm was amazing. He gave me a list of: let’s file, let’s look at assets. It was the guidance of my lawyer and my advocate [that helped me]. I was in survival mode, I didn’t know what was up or down, I barely even remember filing those papers, but I did it.”
“I was fortunate enough to have a lawyer who had been in the game a very long time. He never pushed me to do too much; he always did what I was comfortable with. A lot of lawyers aren’t like that… I would’ve given up if I hadn’t done it with them. They were expensive but well worth the money.”
Not everyone’s experience with their attorney was positive. One described their attorney not providing the information requested, so they didn’t know what to expect. Others described unprofessional behavior and lack of understanding of intimate partner violence.
“Instead of helping me fight for it, my attorney looked at me and said, ‘it’s not that bad, at least you got your son out of this.’”
“I heard more stories about [my attorney’s] abuse that she went through than actually getting help.”
“I got told that because I wasn’t the one that filed first, we couldn’t deem it a domestic violence, I’m not sure if that’s right, but I’m not an attorney, so I was just trusting. Every time I brought up the domestic violence, I was told it would be too hard to prove, there were no police files.”
The cost of an attorney is completely out of reach for many people in our community. Even if a survivor can pay (or can borrow money), finding an attorney to take their family law case is not easy, especially when intimate partner violence is involved.
“I had to take out a loan against my retirement for an attorney; I spent $20,000 to divorce this man.”
“I have spent so much time thinking I messed up by not taking out a loan to get a lawyer and it's hurting my kids.”
“I have reached out to five attorneys—three aren’t seeing anyone, one said it’s $400 per hour and they can do it with just me or both of us, and the other said they could start with a consultation, which I think is free but is only 10-15 minutes.”
“No lawyer wanted the case pro or low bono because they could tell he was going to be litigious.”
What survivors expect from the process does not match their actual experiences. They expect orders to stop the violence, they expect orders to be enforced, and they are unprepared for what to expect in court.
Survivors expect the protection order to stop the violence. One shared that there was so much hope when she first found out about filing for a protection order, but then her abusive ex filed against her and it became confusing, hard, and discouraging.
Violations of protection orders are common. In 2024, law enforcement received 509 violations of domestic violence civil protection orders or domestic violence criminal no-contact orders in Whatcom County (WASPC Crime in WA 2024). Statewide, nearly 75% of those offenses were committed by a current or former intimate partner (WASPC Crime in WA 2024). Survivors described the abusive person violating the orders, and lack of enforcement when those violations did happen, saying “nothing was done about [the violations].” One said that seeking a protection order caused more problems and brought more danger. One survivor’s protection order got lost by law enforcement and was not served to the abusive person for weeks, while the abuse continued.
“[I thought] I would be able to call and get help. But even after the PO, I would call and police would accuse me of making it up that he was there.”
“I just think that there's a reality to what a protection order can do. People think the problem is solved, but that is not the case. It is a hurdle that someone [the abusive person] may decide they don't care and just jump right over it. That is one thing victims need to understand so they can prepare for the very real possibility that they may not follow it at all. Everyone who goes to the court needs to understand that it's a tool after the fact, it doesn't protect you. It's about understanding the difference between reality and what you're hoping for.”
“I thought ‘thank God, someone will finally hold him accountable.’ But nothing happened.”
Survivors were often surprised in court hearings, not understanding what to expect or what was allowed. Because the rules of evidence are not logical or intuitive to people outside of the legal system, survivors often did not understand them. Survivors had to make unexpected decisions in court, expected the judicial officer to have an accurate understanding of intimate partner violence, and did not know when and how to share what they thought was important in their case.
“The judge asked who we should make a supervisor [for visitation with the child], we were in court, sitting next to each other, I didn’t know we would have to make that decision.”
“I had a whole folder regarding his care for our son, pictures of bruises, and his dad is sitting there crying due to his loss, I went to open my mouth, and the judge put her hand up and told me I couldn't talk about anything I didn't file. I didn't know the process. I thought it was going to be like TV where I got to present my case.”
Recommendations for Key Finding 1
Survivors need support to walk them through the protection order, parenting plan, and divorce processes. Survivors suggested having an advocate at the courthouse to help with these civil legal processes, providing more legal aid like what LAW Advocates provides, generally “more support,” providing an intern or pro bono lawyer to give one hour to support the parenting plan, having a step-by-step packet for documents to complete, and more resources of people who know the court system and can give advice.
“Women can be empowered and understand the process a little bit more… More transparency. More advocacy. More education. More support. More lights shining on that issue.”
Recommendation 1.A: Appoint an attorney to represent survivors who petition for protection orders, when the respondent is represented by an attorney, as allowed by RCW 7.10.240. Responsible Parties: Judicial Officers, Superior & District Court Administrators
Recommendation 1.B: Pilot a domestic violence court to hear domestic violence, sexual assault, and stalking protection orders, and family law cases involving domestic violence. There are communities around the country that may serve as mentor courts for Whatcom County. A designated domestic violence court provides: continuity of judicial officers; judicial officers and court staff specially trained to focus on IPV, sexual assault, and stalking; and an opportunity to institutionalize multidisciplinary collaboration to address this violence in Whatcom County. Responsible Parties: Judicial Officers, Superior & District Court Administrators, Superior Court Clerk, the Bellingham Whatcom County Commission on Sexual & Domestic Violence
Recommendation 1.C: Create a permanent protection order office at the courthouse staffed by community-based advocates during all open courthouse hours. This would expand opportunities for trauma-informed support for survivors seeking protection orders. Additionally, identify and implement ways to provide services outside of standard business hours, throughout Whatcom County, and virtually. These services would include safety planning, identifying options, assistance writing their petition, support in court hearings, and follow-up after court hearings. Responsible Parties: Superior & District Court Administrators, Superior Court Clerk, Domestic Violence & Sexual Assault Services
Recommendation 1.D: Create a trauma-informed family law navigator team to support and accompany survivors of intimate partner violence through the parenting plan and divorce processes, providing legal information to help them understand processes and procedures, court terminology, roles, and court rules. Legal information is general, neutral information about what the law says and how legal processes work, without telling a person what they should do. This team must be trained in the dynamics of intimate partner violence, sexual violence, and stalking. Responsible Parties: Superior & District Court Administrators, Superior Court Clerk, Domestic Violence & Sexual Assault Services, LAW Advocates
Recommendation 1.E: Train community-based advocates to provide legal information about parenting plans and divorce processes via partnerships with the Sexual Violence Law Center, the Victim Rights Law Center, or equivalent organizations. Community-based advocates already have statutory protections to provide information and support for protection orders, but there is a gap in their ability to provide information, support and accompaniment, and safety planning for family law processes. Responsible Parties: Domestic Violence & Sexual Assault Services, Bellingham-Whatcom County Commission on Sexual & Domestic Violence
Recommendation 1.F: Expand LAW Advocates’ capacity to provide services to assist more survivors with parenting plans, divorce, and complex protection orders, so survivors can get legal advice specific to their situation. Train staff, contracted, and volunteer attorneys on trauma-informed lawyering, and the dynamics of abuse. Responsible Parties: Funders, including government and private donors
Recommendation 1.G: Develop and implement a plan for how a protection order office, family law navigator team, community-based advocates, and legal aid could coordinate and collaborate for the programs recommended above. Responsible Parties: Superior & District Court Administrators, Superior Court Clerk, Domestic Violence & Sexual Assault Services, LAW Advocates
Recommendation 1.H: Build and nurture relationships between the courts, prosecution-based and community-based advocates, and legal aid. The Bellingham-Whatcom County Commission on Sexual & Domestic Violence can host quarterly meetings to bring together court administrators, court clerks, victim advocates, and legal aid to share information, address systemic challenges for survivors, and make commitments and action timelines to improve system coordination. Responsible Parties: Bellingham-Whatcom County Commission on Sexual & Domestic Violence
Recommendation 1.I: Identify opportunities at multiple points in court processes to refer survivors of intimate partner violence and sexual violence to Domestic Violence & Sexual Assault Services (DVSAS), Lummi Victims of Crime, and/or Tl’ils Ta’á’altha. Opportunities for referral might include when survivors inquire about a protection order, when filing a protection order, and in protection order hearings. Methods for referrals might include signs, flyers, and brochures available throughout the courthouse, court webpage updates, and short videos. Responsible Parties: Superior & District Court Administrators, Superior Court Clerk
Recommendation 1.J: Use written information that is in plain language, designed for accessibility for people with disabilities, and available in multiple languages. Use brief, concise videos, especially for languages with no written language, and for people who use ASL, in conjunction with written materials. Written information alone is not enough to meet the need for support. Responsible Parties: Superior & District Court Administrators, Superior Court Clerk, Judicial Officers, law enforcement
Recommendation 1.K: Explore ways to coordinate with mental health providers to provide (at minimum) brief one-on-one counseling sessions for survivors going through protection order and/or family law processes, to address trauma and mental health needs. Responsible Parties: Bellingham-Whatcom County Commission on Sexual & Domestic Violence, in coordination with Superior & District Court Administrators, Judicial Officers, and mental-health professionals
“Maybe have somebody at the courthouse, I understand that there’s a lot going on in the offices and stuff, but maybe have someone, an advocate there at the courthouse, because you may not be able to be at DVSAS, you may not have that time, they may not be able to see you.”
“Maybe provide an intern or pro bono lawyer to give you one hour to support the parenting plan together, kind of like mediation does, but providing real legal support. If someone is dedicated to that, they could probably do that quickly, to guide the conversation and the path would be really helpful.”
“And so trying to deal with that [PTSD], on top of trying to get a restraining order, take other steps, figure out, ‘did I do this step?’ my clarity is not good, and it’s good to have an advocate or someone else there to help you walk through it.”
Key Finding 2: Judicial officers and court staff often demonstrate a misunderstanding of intimate partner violence dynamics and the impacts of trauma. But when they do show understanding, they enhance survivors’ ability to access safety measures and survivors’ overall sense of justice.
“I wish that they understood that the process in itself is traumatizing, and that we have already been traumatized.”
Positive experiences in the courts improved survivors’ access to the safety measures courts can provide, as well as their sense of justice. When survivors describe having a voice in court, feeling respected by those in the system, and knowing that judicial officers were considering their well-being, they are describing the tenets of procedural justice. At times, judicial officers in Whatcom County recognized the abuse, demonstrated empathy, and interrupted the abusive person’s narrative and patterns of controlling behavior. Empathetic court staff often left a positive lasting impression, too.
“My brain was fried so I don't have all the details, but I remember the court clerk being really compassionate and kind, gave me the forms… I was just writing and when the clerk saw it, she…encouraged me to go to DVSAS to organize my process.”
“He would drive by places I was, he would say he just happened to be there. The court saw it and I felt very represented.”
“One of my judges was really supportive and having her see all the reports, acknowledging them, and validating my experience made me feel a little more seen that it was a big deal.”
“[The judicial officer] was really awesome at shutting him down and she gave me a lifetime protection order… It made me feel a lot better about my PO and being heard. She was very compassionate, she didn't have to say all the things she did, she made me feel a lot more human than the [other] judge did, and a lot more justified in seeking this PO. Feeling heard and seen was a really big deal, ‘I know this is really scary, I'm sorry you had to go through this’ was really impactful.”
“I didn’t realize the difficulty of filing for a PO, but I filed right after the laws had changed to make it easier for people to get them granted. All the judge had to hear was that I was scared. That’s all he had to know.”
“[One judge] my god, was he amazing. He was to the point, he was soft enough toward me, he realized what happened… He was realistic, he wasn’t too formal, he showed emotion and empathy, he was a little bit more human, and he saw what was going on and wasn’t going to enable it there.”
Unfortunately, those positive experiences were not universal. Some of the same survivors who had positive experiences also had negative ones. Judicial officers often did not recognize coercive control as abuse and did not recognize the harm of coercive control. This includes labeling intimate partner violence as typical conflict, or as mental illness.
Survivors heard things like “[you both] just need to get along” and that the judge “wished we could both be more mature and put the kids first.” In one case, the judge found that it wasn’t domestic violence, but instead the other person’s mental illness that was causing him to stalk and harass the survivor. This increases risk for the survivor and decreases accountability for the abusive person.
They also shared the difficulty of getting the courts to understand abuse beyond physical violence, many saying that because they didn’t have physical proof, they weren’t believed. One shared that she even read aloud the RCWs (Washington State Laws) on domestic violence before giving statements in court, but it did not seem to make a difference.
“Sometimes I felt like the judges weren’t as informed coming into it, and I wish they had been. They’re there to hear what happened, but they don’t know the patterns and all the dynamics and context. It’s hard to understand if you just have the broad knowledge. And there was no criminal history of the relationship, no visible bruises.”
Another survivor felt that the judicial officer gave the respondent leniency in a protection order hearing, postponing the hearing again after it had already been continued, even though the respondent had been served on time (see RCW 7.105.165). She said, “It made me feel like it wasn't a big enough deal, it made me think he read through my statements and thought ‘oh he didn't touch her so it's not a big deal.’ Which was really frustrating.”
Judicial officers, guardians ad litem (GALs), and court staff often did not believe that the survivor had been abused. Misconceptions about how a victim looks and acts, how an abusive person looks and acts, and the harms of coercive control contribute to this disbelief.
"I don't know what would change their mind—would I need to show up with bruises?"
“When somebody says domestic violence, they think of a battered woman. That’s not as much as what it is today, how covert abuse can be. That’s the main thing I want judges, lawyers, advocates to be more aware of. Emotional abuse and psychological abuse is so real, and it’s so hard to pinpoint.”
“And whoever was doing the evaluation, he was terrible. He clearly thought my ex was being wrongfully accused, and he was trying to catch me with something, questioning if I was really getting dozens of voicemails and emails, if I was really getting that many.”
“I'm not the perfect victim. I had to cross-examine him myself and I was so nervous at the beginning, but I talked myself into being able to do it. I am handing him papers myself and really proud of myself for doing it, and the judge said I wasn't a victim because I didn't look scared or act like a victim in court.”
“I have to prove I'm a victim over and over, even though the court already has findings.”
“There were so many times that I wish he had just hit me once, so I could show a black eye or bruises or something, because it was always, ‘well it’s going to be really hard to prove gaslighting, you never reported it so it’s your word against his.’”
“I just felt like I got dismissed. I was dismissed, I was sometimes patronized, and it was just, when you’re trying to heal and come to grips with what you have gone through, and a lot of it is, I’m in several DV groups, we question. All the time. Maybe we got it wrong, maybe we didn’t, maybe we overreacted. When you’ve got the court telling you the same thing, you don’t know what to believe then. It validates that [self-doubt].”
“I haven’t always been an upstanding citizen of society, and so for me to go in front of a judge, it’s like, okay, they’re looking at me as a criminal. They aren’t looking at me as a human being. And so especially if I’m going in front of a judge, there were a few judges I had to go in front of because of criminal cases, and the way that they treated me, compared to the other person… I was there to ask for help. I wasn’t there for a criminal charge. I will admit that I did those things. But I would want that to be separated from this process.”
Judicial officers and court staff often did not recognize the impacts of trauma or the ways that court itself can be traumatizing and feel confusing, frustrating, even impossible to handle. Survivors described the incredible difficulty of following complex processes, facing their abuser in court, feeling dismissed, having to share intimate details of their lives, facing ongoing continuances, telling their story repeatedly, and facing discrimination and oppression from the courts. They had to share details of sexual violence from the abusive person in court in front of that person. They could tell when judges were trying to get through the docket quickly, or when the judge hadn’t read their forms, causing them to experience even more anxiety.
“Some of the clerks and stuff—I get it, I was reception, they’re just doing their job. They’re not seeing the panic in your eyes, the deer in the headlights. Maybe they’re not taught to engage like that. You’re scared because of what happens to you and you don’t know the ropes.”
“I wish that they knew how difficult it is to initially face the abuser in these cases. It would be nice to have a little bit more empathy involved and actually be trauma-informed about the difficulties that victims face.”
“[The judicial officer] was nice but it kind of seemed like she didn’t really, she was just like, ‘get your words out,’ and I couldn’t get my words out—dry mouth, I was scared, shaking. ‘What’s your statement?’”
“The most overwhelming part is that people can keep pushing for continuances, and I wish there would be a limit, because it would keep me in this trauma bubble.”
“I wish that the court had taken the time to read through the paperwork I submitted. I had to fill out the form, and I filled it out completely.”
Together, this shows that there is a gap between what survivors need from the court and what the court is currently providing.
Recommendations for Key Finding 2
“There were times that I wish, this will never happen, but if I had a magic wand, I wish you had the same judge so that you weren’t slipped around to everyone who needs to hear the entire story again, you answer the same questions, relive the trauma.”
Recommendation 2.A: Build court processes that are trauma-informed from the start to serve people who have experienced trauma. This includes ensuring judicial and court staff expertise on the dynamics of intimate partner violence, sexual violence, and stalking, and the impacts of abuse on survivors (particularly survivors with limited English proficiency and/or disabilities). Responsible Parties: Superior & District Court Administration, Superior Court Clerk, Judicial Officers
Train all judicial officers, including commissioners pro tempore (temporary/substitute commissioners) on trauma and abuse dynamics annually. Only judicial officers who have been trained and are able to demonstrate their knowledge and skills should preside over protection order and family law cases.
Train all judicial officers, including commissioners pro tempore (temporary/substitute commissioners) on meaningful language access and accessibility for people with disabilities annually. Judicial officers should regularly refer to the Bench Card on Courtroom Interpreting (Spoken Languages).
See introduction for information on potential collaborators on trainings.
Recommendation 2.B: Create and institutionalize accountability and oversight measures for judicial officers presiding over intimate partner violence and sexual violence cases. This might include mentorship, court watch programs, community feedback (e.g. surveys of court users immediately after a hearing) and other measures. Responsible Parties: Judicial Officers, in collaboration with the Bellingham-Whatcom County Commission on Sexual & Domestic Violence
Recommendation 2.C: Form a community of practice for judicial officers centered on intimate partner violence and sexual violence, where they regularly discuss challenges, collaborate, and make plans for both individual growth as a judicial officer and for systems change. Responsible Parties: Judicial Officers
Recommendation 2.D: Reference, use, and customize the Washington State Administrative Office of the Courts Civil Protection Order Script in all protection order hearings. Responsible Parties: Judicial Officers
Recommendation 2.E: Reference and use “Trauma-Informed Courtroom Practices: A Bench Card for Judges” and the Bench Card on Courtroom Interpreting (Spoken Languages) in all cases involving domestic violence, sexual violence, and/or stalking. Responsible Parties: Judicial Officers
Recommendation 2.F: Train court staff on the dynamics of intimate partner violence, sexual violence, stalking, and the impacts of that abuse on survivors. Responsible Parties: Superior & District Court Administrators, Superior Court Clerk
Recommendation 2.G: Require Guardians ad Litem (GALs) to receive annual training on the dynamics of intimate partner violence, sexual violence, and stalking, and the impacts of abuse on survivors (particularly those with limited English proficiency and/or disabilities). The Guardian ad Litem Committee should oversee the implementation, track progress, and ensure GAL compliance. Responsible Parties: Whatcom County’s Guardian ad Litem Committee
Recommendation 2.H: In cases involving GALs, judicial officers should inquire with GALs about their assessment of intimate partner violence to ensure they have a thorough understanding of the case. Responsible Parties: Superior Court Judicial Officers
Recommendation 2.I: Support self-care for judicial officers, court staff, GALs, family law attorneys, Limited License Legal Technicians (LLLTs), and others interacting with survivors and their cases, to prevent vicarious trauma and burnout. When practitioners experience burnout and vicarious trauma they are less likely to meet survivors’ needs. Responsible Parties: Superior & District Court Administrators, Superior Court Clerk, Judicial Officers, Guardian ad Litem Committee, Whatcom County Bar Association
Key Finding 3: Access to the courts is dependent on having a level of time, stability, resource availability, and executive function that are fundamentally inaccessible to survivors of violence.
“The stress takes its toll on my own health.”
Survivors are coping with and healing from serious trauma, trying to stay safe amidst ongoing abuse (including financial abuse), experiencing the trauma of system involvement, coping with the everyday demands of life, and sometimes experiencing additional serious life challenges, all while trying to access justice through the civil legal system.
Some survivors were returning to the workforce after being a stay-at-home parent and/or being financially dependent on their abusive partner. They continue to face financial abuse when the ex-partner does not pay child support.
Ongoing abuse, including abusive litigation, seriously impacts survivors’ ability to focus on other aspects of their lives. One shared that she is currently unemployed because it’s too much to juggle caring for her children, her own emotional well-being, and the ongoing court cases.
“He attacks me over and over [through the courts] and I have to respond and take time every day. I'm not free to just focus on the kids because I have to just focus on his bullshit.”
Regular life does not pause because of court cases. Survivors face challenges with getting time off work or finding childcare to work on their legal issues, attend hearings, and seek community resources like LAW Advocates’ legal clinics. They are working, struggling financially, caring for their children (who have also experienced trauma), coordinating counseling and other support for themselves and their families, doing laundry, preparing food, and managing all the other tasks of daily life.
Some survivors described additional challenges: Living through the pandemic; the hardship of having a baby in the NICU without the father’s support; coping with a traumatic pregnancy with a new partner; and seeking support in substance use disorder recovery. One survivor, who had an open Child Protective Services case, shared "Through this time, the trauma of repeatedly feeling like I was losing my child to my toxic ex, and feeling misunderstood. It's hard to explain to someone what grieving a living child looks like.”
Recommendations for Key Finding 3
Recommendation 3.A: Survivors need clear, supportive guidance. The supports recommended in Key Findings 1 and 2 above will address some of the challenges related to survivors’ available time, stability, resources, and executive function. See Also: Recommendations for Key Finding 1, Recommendations for Key Finding 2
Recommendation 3.B: Provide safe onsite childcare for parents to attend court hearings and to access other legal help. Post childcare resources, including emergency resources, in the courthouse. Responsible Parties: Superior & District Court Administrators, Superior Court Clerk, the County Executive’s Office
Key Finding 4: Survivors experience racism, sexism, and religious discrimination within the court system. Lived experience with and fear of racism and sexism is a barrier to accessing the civil legal system.
“The ways that my identity and my experience have influenced me, and how these systems don’t respond to the needs of Black and brown people the way they need to. It isn’t trauma-informed or victim or survivor-centered. That intersectionality is really important to understand, to know what people’s needs are and how systems can be improved.”
“It's so terrible for me as a woman of color and Muslim, to go in front of a white, racist, conservative judge.”
For one survivor, fear of discrimination was central to their decision not to seek help from the courts when they experienced violence from their partner and were afraid of what would happen when they ended the relationship. They shared how they see that women in general are not believed, and that Black and brown women are believed less often than white women.
Interviews with survivors who did use the civil legal system showed that often survivors are not believed. One, who shared that she wasn’t believed because she appeared strong in court, also felt that the GAL and the judge were biased against her, a woman of color, in favor of her white husband.
Though the courts strive to be neutral, no single person is without bias and bias is embedded in systems. Court systems themselves have evolved from times when the safety, equality, and rights of BIPOC people, women, trans and gender-nonconforming people, queer people, people with disabilities, and low-income people were actively denied. In 2021, the Whatcom County Council affirmed that racism is a public health issue. The ways that people of color do not have equal access to justice when they experience intimate partner violence and sexual violence is one example of the direct impacts of racism on public health.
Three interviewees explicitly noted where they had privilege and wondered how things would have been different if their circumstances were different. This included racial, economic, educational, and health privileges.
“I was a blue-eyed, white ‘good girl.’ A lot of DV victims aren’t like that. And I was treated like shit. I happened to have a crappy husband. A lot of women have drug and alcohol issues or depression or mental health issues. Some aren’t as savvy.”
“I am well informed and can navigate systems well. I would have understood it but had to stumble across it and had to pay an attorney, I had resources and support. Without my privilege, I would have been completely lost and would have given up.”
Recommendations for Key Finding 4
Recommendation 4.A: Examine racism, sexism, and other forms of discrimination at every level of the court process. Conduct an audit of court processes with a racial equity lens to identify specific areas for improvement and strategies for change. Responsible Parties: Judicial Officers, Superior & District Court Administrators, Superior Court Clerk, with guidance from the Bellingham-Whatcom County Commission on Sexual & Domestic Violence, the Whatcom Racial Equity Commission, and others
Recommendation 4.B: Train judicial officers and court staff to address bias in the court system. Meet regularly in single-discipline or multi-disciplinary groups to address this bias. Participants can identify and discuss challenges, collaborate, and plan for both individual growth and systems change. Responsible Parties: Judicial Officers, Superior & District Court Administrators, and the Superior Court Clerk
Key Finding 5: Domestic Violence & Sexual Assault Services (DVSAS) provides essential support to survivors in our community.
“DVSAS was a lifeline.”
Survivors described Domestic Violence & Sexual Assault Services (DVSAS) as a place to explore options, access information and referrals to other resources, get emotional support from advocates and support groups, and receive help with other safety options including shelter.
“I finally got an advocate at DVSAS and she was just incredible; she literally saved my life in so many ways. It wasn’t a ‘these are the things you should do,’ it was ‘these are the things that are available to you.’”
Importantly, DVSAS’ assistance with writing protection order petitions and accompaniment to court were especially helpful to survivors.
“First, we went to the courthouse, and the woman there wanted me to fill out the form and make a case, and she suggested I go to DVSAS when I was overwhelmed. Then I went to DVSAS to get help with filling out the order and they helped me write it because I couldn't think.”
“I contacted DVSAS and they supported me filling out the entire PO and that night I sent in my documents to the court and waiting to hear back about a court date. Most information came from DVSAS…”
“Having DVSAS there with me in the courts was really helpful.”
“[The advocate] went to court with me and was that support. That helped me feel a bit safer.”
Some survivors did note DVSAS’ limitations. One shared that her ex had accessed DVSAS services himself and she didn’t feel comfortable going there anymore. One shared frustration about having to go through DVSAS for a referral to access legal aid and noted that they “haven’t been able to provide volunteers on a regular basis.” Another shared that even her advocate was surprised at a judge’s decision, showing that though DVSAS can be excellent help navigating the civil legal system, even they can be surprised. Another survivor wished they’d received help while in jail:
“And you know, when I got released [from jail], where did I have to go? Back to him, back to our home. And if there was a way I could’ve had information, first it starts with the information, if you need a protection order, you can have a liaison come in [to jail] and talk to you about that. They’ll walk you through that. That would be very helpful.”
Recommendations for Key Finding 5
Recommendation 5.A: Prioritize supporting our community-based and Tribal-based advocacy organizations to provide comprehensive, trauma-informed case management and support through the protection order and family law processes, particularly by funding and providing logistical support for a permanent protection order office at the courthouse, and for mobile advocacy throughout the county and virtual advocacy. Advocates providing mobile advocacy might partner with other providers who already provide mobile services. Responsible Parties: Funders, including government and private donors
Recommendation 5.B: Ensure survivors in jail can seek confidential one-on-one support and support groups. Provide regular advocacy to survivors who are in the Whatcom County Jail. Responsible Parties: Whatcom County Sheriff’s Office, Domestic Violence & Sexual Assault Services
Key Finding 6: Law enforcement responses often did not meet survivors’ needs.
“I will never call the police again unless someone’s being murdered.”
More than half of interviewees described negative experiences with law enforcement. Two additional survivors shared that they feared calling law enforcement: one because they worried they would experience discrimination, the other because their abusive ex-partner was in law enforcement themselves.
Survivors shared that law enforcement misinterpreted the situation, despite the survivors attempts to correct the story. They shared that they were blamed by police, with one survivor remembering an officer asking “what did you do?” One survivor was arrested for domestic violence: “I got arrested for trying to protect myself.” One survivor shared an experience of blatant sexual harassment from a law enforcement officer who responded to a domestic violence call. Officers missed opportunities to collect evidence because they didn’t explain the importance to the victim. Others showed a misunderstanding of common dynamics of violence and survivor safety strategies.
“The police, they are the gatekeepers of that system. And if I can’t trust them, why should I trust any part of that system, if I can’t access? And that lack of trust, it’s based on my identity, intersectionality, and experiences that I and other people I know have had.”
“Every time I brought up the domestic violence, I was told it would be too hard to prove, there were no police files. But why would I call when they all know him?”
“I had an officer one time ask me, ‘why do you keep taking him back?’ and I told him that it was easier to know where he was coming from.”
Critically, survivors experienced failures to serve and enforce protection orders. One survivor’s temporary protection order was lost by law enforcement and service to the respondent was delayed significantly. One respondent, after being released from jail, did not get the ankle monitor required by the PO. Others found that police did not take PO violations seriously.
“When they released him they were supposed to put an ankle monitor on him, that was in the PO, and I found out that when he got released that didn’t happen…That was something in the PO and yet the system didn’t follow through… I called [law enforcement] to follow up. I left a message with the cop. They never got back to me.”
“He is really unstable and saw me at a grocery store parking lot and was yelling at me. I called the police, but they said they couldn’t positively identify him as the offender and they couldn’t do anything about it.”
“There were a couple of times I called, the cops didn’t even show up. And so why did I do this?”
Recommendations for Key Finding 6
Recommendation 6.A: Address delays in service and inconsistent enforcement of protection orders. Responsible Parties: Chiefs of Police and the Whatcom County Sheriff, Judicial Officers, Superior & District Court Administrators, Superior Court Clerk
Recommendation 6.B: Incorporate procedural justice and an understanding of domestic violence, sexual assault, and stalking dynamics into procedures for serving and enforcing protection orders. The Washington State Criminal Justice Training Commission could be one source of training. Responsible Parties: Chiefs of Police and the Whatcom County Sheriff
Key Finding 7: Informal support systems can play a key role in survivor outlook and safety, connection to resources, and emotional support.
“I really sought support from friends and family.”
Family, friends, neighbors, colleagues, and other community members provided both tangible support and emotional support, but not everyone has access to this support. Isolating someone from support systems is often a tactic of intimate partner violence. One survivor described their ex as “constantly trying to dismantle my support network.” Another noted that they were able to create the support they needed with family and friends, without the courts’ help, “But I don’t know what people would do if they didn’t have that community.”
As shared above regarding survivors needing supportive guidance, some interviewees shared that they had help from family or friends who had connections to the legal system and could provide information they were unlikely to get elsewhere. Other support people, including family, friends, supervisors, and professors, referred the survivor to DVSAS or therapy. For some survivors, this was the support they needed to seek help. One survivor shared how her friends supported her in blocking the abusive person and his friends from contacting her. Others worked with their community to creatively safety plan:
“So I set up a plan with a neighbor, that if she saw his car in the driveway and knew that I was alone, she would stop by to give me a book for our ‘book club’ or say she was there for our ‘planned walk’ or something to interrupt him.”
“I reached out to 5 different friends to stash diapers and clothes with.”
“I knew how to keep the peace, and I used my network to get away from him and be surrounded. I knew that if he showed up, they would defend and protect me. I didn’t feel that way about the police or the justice system. I had to come up with my own support and network. I went to my family.”
Supportive workplaces meant safety for some survivors, but others found no support at work. Some were able to get time off to attend to their legal issues. Some employers referred survivors to DVSAS for more help. One survivor “felt really safe in my work environment,” feeling confident that her coworkers would never share when a colleague was on shift or when they were leaving. One survivor, who experienced stalking at work, had an engaged supervisor who noticed when the abusive person was on the jail roster so he could be served with the protection order. One survivor even got positive support at a job interview. But support wasn’t available for everyone:
“I’m not sure that there’s any support at all from my workplace, which is wild because I’m in counseling.”
Getting support from others with similar experiences, both online and in local support groups, was particularly meaningful to some interviewees, though other survivors’ stories could also be frightening:
“Instagram profiles of [other survivors] sharing [was helpful]. There were a lot of people, even on Reddit, accounts from people there about the things that they did and how it helped. Of course, there were lots of horror stories about going to court and losing everything, those stuck with me for sure.”
Recommendations for Key Finding 7
Recommendation 7.A: Train people in all sectors, including all workplaces, schools, faith communities, healthcare workers, law enforcement, and more. Everyone trained and engaged in this anti-violence work is also a family member, friend, coworker, and community member. When people understand the dynamics of abuse, they can provide emotional support and be partners in safety planning, and when they know how to refer survivors to resources, they can support the people in their lives, whether in their capacity as a professional, or in their personal relationships. Survivors frequently experience the impacts of domestic violence at work. Workplaces are in a unique position to uphold survivors’ rights, and find additional ways to support survivors’ safety and economic wellbeing. Training for workplaces can simultaneously reach many of the groups listed above. Responsible Parties: Bellingham-Whatcom Commission on Sexual & Domestic Violence, all organizations and workplaces in Whatcom County
Recommendation 7.B: Inform community members of resources available to support survivors, so they know what is available for themselves, as well as their friends, family, neighbors and colleagues. This could include advertisements and awareness campaigns. Responsible Parties: Bellingham-Whatcom Commission on Sexual & Domestic Violence, Domestic Violence & Sexual Assault Services
Conclusion
The findings from these interviews showed that our community has a lot of work ahead to create civil court systems that facilitate access to justice for survivors of intimate partner violence. Fortunately, Whatcom County has a history of collaboration across disciplines to improve safety and justice for survivors of sexual and domestic violence. Across systems, leaders are already working on many of the changes suggested in these recommendations. Together, we can improve systems to ensure accessibility, ease of navigation, trauma-informed services, and procedural justice.
Importantly, the findings do not represent all survivors in our community. The JFF team will continue to update and add to recommendations based on other sources of data, including input from other stakeholders, and best practices learned from other communities.
Appendix A: Recommendations by Responsible Party
Recommendations for Judicial Officers:
Recommendation 1.A: Appoint an attorney to represent survivors who petition for protection orders, when the respondent is represented by an attorney, as allowed by RCW 7.10.240. Responsible Parties: Judicial Officers, Superior & District Court Administrators (Recommendation 1.A)
Pilot a domestic violence court to hear domestic violence, sexual assault, and stalking protection orders, and family law cases involving domestic violence. There are communities around the country that may serve as mentor courts for Whatcom County. A designated domestic violence court provides: continuity of judicial officers; judicial officers and court staff specially trained to focus on IPV, sexual assault, and stalking; and an opportunity to institutionalize multidisciplinary collaboration to address this violence in Whatcom County. Responsible Parties: Judicial Officers, Superior & District Court Administrators, Superior Court Clerk, the Bellingham Whatcom County Commission on Sexual & Domestic Violence (Recommendation 1.B)
Use written information that is in plain language, designed for accessibility for people with disabilities, and available in multiple languages. Use brief, concise videos, especially for languages with no written language, and for people who use ASL, in conjunction with written materials. Written information alone is not enough to meet the need for support. Responsible Parties: Superior & District Court Administrators, Superior Court Clerk, Judicial Officers, law enforcement (Recommendation 1.J)
Explore ways to coordinate with mental health providers to provide (at minimum) brief one-on-one counseling sessions for survivors going through protection order and/or family law processes, to address trauma and mental health needs. Responsible Parties: Bellingham-Whatcom County Commission on Sexual & Domestic Violence, in coordination with Superior & District Court Administrators, Judicial Officers, and mental-health professionals (Recommendation 1.K)
Build court processes that are trauma-informed from the start to serve people who have experienced trauma. This includes ensuring judicial and court staff expertise on the dynamics of intimate partner violence, sexual violence, and stalking, and the impacts of abuse on survivors (particularly survivors with limited English proficiency and/or disabilities). Responsible Parties: Superior & District Court Administration, Superior Court Clerk, Judicial Officers (Recommendation 2.A)
Train all judicial officers, including commissioners pro tempore (temporary/substitute commissioners) on trauma and abuse dynamics annually. Only judicial officers who have been trained and are able to demonstrate their knowledge and skills should preside over protection order and family law cases.
Train all judicial officers, including commissioners pro tempore (temporary/substitute commissioners) on meaningful language access and accessibility for people with disabilities annually. Judicial officers should regularly refer to the Bench Card on Courtroom Interpreting (Spoken Languages).
See introduction for information on potential collaborators on trainings.
Create and institutionalize accountability and oversight measures for judicial officers presiding over intimate partner violence and sexual violence cases. This might include mentorship, court watch programs, community feedback (e.g. surveys of court users immediately after a hearing) and other measures. Responsible Parties: Judicial Officers, in collaboration with the Bellingham-Whatcom County Commission on Sexual & Domestic Violence (Recommendation 2.B)
Form a community of practice for judicial officers centered on intimate partner violence and sexual violence, where they regularly discuss challenges, collaborate, and make plans for both individual growth as a judicial officer and for systems change. Responsible Parties: Judicial Officers (Recommendation 2.C)
Reference, use, and customize the Washington State Administrative Office of the Courts Civil Protection Order Script in all protection order hearings. Responsible Parties: Judicial Officers (Recommendation 2.D)
Reference and use “Trauma-Informed Courtroom Practices: A Bench Card for Judges” and the Bench Card on Courtroom Interpreting (Spoken Languages) in all cases involving domestic violence, sexual violence, and/or stalking. Responsible Parties: Judicial officers (Recommendation 2.E)
In cases involving GALs, judicial officers should inquire with GALs about their assessment of intimate partner violence to ensure they have a thorough understanding of the case. Responsible Parties: Superior Court Judicial Officers (Recommendation 2.H)
Support self-care for judicial officers, court staff, GALs, family law attorneys, Limited License Legal Technicians (LLLTs), and others interacting with survivors and their cases, to prevent vicarious trauma and burnout. When practitioners experience burnout and vicarious trauma, they are less likely to meet survivors’ needs. Responsible Parties: Superior & District Court Administrators, Superior Court Clerk, Judicial Officers, Guardian ad Litem Committee, Whatcom County Bar Association (Recommendation 2.I)
Examine racism, sexism, and other forms of discrimination at every level of the court process. Conduct an audit of court processes with a racial equity lens to identify specific areas for improvement and strategies for change. Responsible Parties: Judicial Officers, with guidance from the Bellingham-Whatcom County Commission on Sexual & Domestic Violence, the Whatcom Racial Equity Commission, and others (Recommendation 4.A)
Train judicial officers and court staff to address bias in the court system. Meet regularly in single-discipline or multi-disciplinary groups to address this bias. Participants can identify and discuss challenges, collaborate, and plan for both individual growth and systems change. Responsible Parties: Judicial Officers, Superior & District Court Administrators, and the Superior Court Clerk (Recommendation 4.B)
Address delays in service and inconsistent enforcement of protection orders. Responsible Parties: Chiefs of Police and the Whatcom County Sheriff, Judicial Officers, Superior & District Court Administrators (Recommendation 6.A)
Recommendations for Superior & District Court Administrators:
Appoint an attorney to represent survivors who petition for protection orders, when the respondent is represented by an attorney, as allowed by RCW 7.10.240. Responsible Parties: Judicial Officers, Superior & District Court Administrators (Recommendation 1.A)
Pilot a domestic violence court to hear domestic violence, sexual assault, and stalking protection orders, and family law cases involving domestic violence. There are communities around the country that may serve as mentor courts for Whatcom County. A designated domestic violence court provides: continuity of judicial officers; judicial officers and court staff specially trained to focus on IPV, sexual assault, and stalking; and an opportunity to institutionalize multidisciplinary collaboration to address this violence in Whatcom County. Responsible Parties: Judicial Officers, Superior & District Court Administrators, Superior Court Clerk, the Bellingham Whatcom County Commission on Sexual & Domestic Violence (Recommendation 1.B)
Create a permanent protection order office at the courthouse staffed by community-based advocates during all open courthouse hours. This would expand opportunities for trauma-informed support for survivors seeking protection orders. Additionally, identify and implement ways to provide services outside of standard business hours, throughout Whatcom County, and virtually. These services would include safety planning, identifying options, assistance writing their petition, support in court hearings, and follow-up after court hearings. Responsible Parties: Court Administrators, the Superior Court Clerk, Domestic Violence & Sexual Assault Services (Recommendation 1.C)
Create a trauma-informed family law navigator team to support and accompany survivors of intimate partner violence through the parenting plan and divorce processes, providing legal information to help them understand processes and procedures, court terminology, roles, and court rules. Legal information is general, neutral information about what the law says and how legal processes work, without telling a person what they should do. This team must be trained in the dynamics of intimate partner violence, sexual violence, and stalking. Responsible Parties: Superior & District Court Administrators, Superior Court Clerk, Domestic Violence & Sexual Assault Services, LAW Advocates (Recommendation 1.D)
Develop and implement a plan for how a protection order office, family law navigator team, community-based advocates, and legal aid could coordinate and collaborate for the programs recommended above. Responsible Parties: Court Administrators, the Superior Court Clerk, Domestic Violence & Sexual Assault Services, LAW Advocates (Recommendation 1.G)
Identify opportunities at multiple points in court processes to refer survivors of intimate partner violence and sexual violence to Domestic Violence & Sexual Assault Services, Lummi Victims of Crime, and/or Tl’ils Ta’á’altha. Opportunities for referral might include when survivors inquire about a protection order, when filing a protection order, and in protection order hearings. Methods for referrals might include signs, flyers, and brochures available throughout the courthouse, court webpage updates, and short videos. Responsible Parties: Superior & District Court Administrators, Superior Court Clerk (Recommendation 1.I)
Use written information that is in plain language, designed for accessibility for people with disabilities, and available in multiple languages. Use brief, concise videos, especially for languages with no written language, and for people who speak ASL, in conjunction with written materials. Written information alone is not enough to meet the need for support. Responsible Parties: Superior & District Court Administrators, Superior Court Clerk, Judicial Officers, law enforcement (Recommendation 1.J)
Explore ways to coordinate with mental health providers to provide (at minimum) brief one-on-one counseling sessions for survivors going through protection order and/or family law processes, to address trauma and mental health needs. Responsible Parties: Bellingham-Whatcom County Commission on Sexual & Domestic Violence, in coordination with Superior & District Court Administrators, Judicial Officers, and mental-health professionals (Recommendation 1.K)
Build court processes that are trauma-informed from the start to serve people who have experienced trauma. This includes ensuring judicial and court staff expertise on the dynamics of intimate partner violence, sexual violence, and stalking, and the impacts of abuse on survivors (particularly survivors with limited English proficiency and/or disabilities). Responsible Parties: Superior & District Court Administration, Superior Court Clerk, Judicial Officers (Recommendation 2.A)
Train all judicial officers, including commissioners pro tempore (temporary/substitute commissioners) on trauma and abuse dynamics annually. Only judicial officers who have been trained and are able to demonstrate their knowledge and skills should preside over protection order and family law cases.
Train all judicial officers, including commissioners pro tempore (temporary/substitute commissioners) on meaningful language access and accessibility for people with disabilities annually. Judicial officers should regularly refer to the Bench Card on Courtroom Interpreting (Spoken Languages).
See introduction for information on potential collaborators on trainings
Create and institutionalize accountability and oversight measures for judicial officers presiding over intimate partner violence and sexual violence cases. This might include mentorship, court watch programs, community feedback (e.g. surveys of court users immediately after a hearing) and other measures. Responsible Parties: Superior & District Courts, in collaboration with the Bellingham-Whatcom County Commission on Sexual & Domestic Violence (Recommendation 2.B)
Train court staff on the dynamics of intimate partner violence, sexual violence, stalking, and the impacts of that abuse on survivors. Responsible Parties: Superior & District Court Administrators, Superior Court Clerk (Recommendation 2.F)
Support self-care for judicial officers, court staff, GALs, family law attorneys, Limited License Legal Technicians (LLLTs), and others interacting with survivors and their cases, to prevent vicarious trauma and burnout. When practitioners experience burnout and vicarious trauma, they are less likely to meet survivors’ needs. Responsible Parties: Superior & District Court Administrators, Superior Court Clerk, Judicial Officers, Guardian ad Litem Committee, Whatcom County Bar Association (Recommendation 2.I)
Provide safe onsite childcare for parents to attend court hearings and to access other legal help. Post childcare resources, including emergency resources, in the courthouse. Responsible Parties: Superior & District Court Administrators, Superior Court Clerk, the County Executive’s Office (Recommendation 3.B)
Examine racism, sexism, and other forms of discrimination at every level of the court process. Conduct an audit of court processes with a racial equity lens to identify specific areas for improvement and strategies for change. Responsible Parties: Judicial Officers, Superior & District Court Administrators, Superior Court Clerk, with guidance from the Bellingham-Whatcom County Commission on Sexual & Domestic Violence, the Whatcom Racial Equity Commission, and others (Recommendation 4.A)
Train judicial officers and court staff to address bias in the court system. Meet regularly in single-discipline or multi-disciplinary groups to address this bias. Participants can identify and discuss challenges, collaborate, and plan for both individual growth and systems change. Responsible Parties: Judicial Officers, Superior & District Court Administrators, and the Superior Court Clerk (Recommendation 4.B)
Address delays in service and inconsistent enforcement of protection orders. Responsible Parties: Chiefs of Police and the Whatcom County Sheriff, Judicial Officers, Superior & District Court Administrators, Superior Court Clerk (Recommendation 6.A)
Recommendations for the Superior Court Clerk:
Pilot a domestic violence court to hear domestic violence, sexual assault, and stalking protection orders, and family law cases involving domestic violence. There are communities around the country that may serve as mentor courts for Whatcom County. A designated domestic violence court provides: continuity of judicial officers; judicial officers and court staff specially trained to focus on IPV, sexual assault, and stalking; and an opportunity to institutionalize multidisciplinary collaboration to address this violence in Whatcom County. Responsible Parties: Judicial Officers, Superior & District Court Administrators, Superior Court Clerk, the Bellingham Whatcom County Commission on Sexual & Domestic Violence (Recommendation 1.B)
Create a permanent protection order office at the courthouse staffed by community-based advocates during all open courthouse hours. This would expand opportunities for trauma-informed support for survivors seeking protection orders. Additionally, identify and implement ways to provide services outside of standard business hours, throughout Whatcom County, and virtually. These services would include safety planning, identifying options, assistance writing their petition, support in court hearings, and follow-up after court hearings. Responsible Parties: Court Administrators, the Superior Court Clerk, and Domestic Violence & Sexual Assault Services (Recommendation 1.C)
Create a trauma-informed family law navigator team to support and accompany survivors of intimate partner violence through the parenting plan and divorce processes, providing legal information to help them understand processes and procedures, court terminology, roles, and court rules. Legal information is general, neutral information about what the law says and how legal processes work, without telling a person what they should do. This team must be trained in the dynamics of intimate partner violence, sexual violence, and stalking. Responsible Parties: Court Administrators, the Superior Court Clerk, Domestic Violence & Sexual Assault Services, and LAW Advocates (Recommendation 1.D)
Develop and implement a plan for how a protection order office, family law navigator team, community-based advocates, and legal aid could coordinate and collaborate for the programs recommended above. Responsible Parties: Court Administrators, the Superior Court Clerk, Domestic Violence & Sexual Assault Services, LAW Advocates (Recommendation 1.G)
Identify opportunities at multiple points in court processes to refer survivors of intimate partner violence and sexual violence to Domestic Violence & Sexual Assault Services, Lummi Victims of Crime, and/or Tl’ils Ta’á’altha. Opportunities for referral might include when survivors inquire about a protection order, when filing a protection order, and in protection order hearings. Methods for referrals might include signs, flyers, and brochures available throughout the courthouse, court webpage updates, and short videos. Responsible Parties: Court Administrators and the Superior Court (Clerk Recommendation 1.I)
Use written information that is in plain language, designed for accessibility for people with disabilities, and available in multiple languages. Use brief, concise videos, especially for languages with no written language, and for people who speak ASL, in conjunction with written materials. Written information alone is not enough to meet the need for support. Responsible Parties: Superior & District Court Administrators, Superior Court Clerk, judicial officers, law enforcement, and service providers (Recommendation 1.J)
Build court processes that are trauma-informed from the start to serve people who have experienced trauma. This includes ensuring judicial and court staff expertise on the dynamics of intimate partner violence, sexual violence, and stalking, and the impacts of abuse on survivors (particularly survivors with limited English proficiency and/or disabilities). Responsible Parties: Superior & District Court Administration, Superior Court Clerk, Judicial Officers (Recommendation 2.A)
Train all judicial officers, including commissioners pro tempore (temporary/substitute commissioners) on trauma and abuse dynamics annually. Only judicial officers who have been trained and are able to demonstrate their knowledge and skills should preside over protection order and family law cases.
Train all judicial officers, including commissioners pro tempore (temporary/substitute commissioners) on meaningful language access and accessibility for people with disabilities annually. Judicial officers should regularly refer to the Bench Card on Courtroom Interpreting (Spoken Languages).
See introduction for information on potential collaborators on trainings
Train court staff on the dynamics of intimate partner violence, sexual violence, stalking, and the impacts of that abuse on survivors. Responsible Parties: Superior & District Court Administrators, Superior Court Clerk (Recommendation 2.F)
Support self-care for judicial officers, court staff, GALs, family law attorneys, Limited License Legal Technicians (LLLTs), and others interacting with survivors and their cases, to prevent vicarious trauma and burnout. When practitioners experience burnout and vicarious trauma, they are less likely to meet survivors’ needs. Responsible Parties: Superior & District Court Administrators, Superior Court Clerk, Judicial Officers, Guardian ad Litem Committee, Whatcom County Bar Association (Recommendation 2.I)
Provide safe onsite childcare for parents to attend court hearings and to access other legal help. Post childcare resources, including emergency resources, in the courthouse. Responsible Parties: Superior & District Court Administrators, Superior Court Clerk, the County Executive’s Office (Recommendation 3.B)
Examine racism, sexism, and other forms of discrimination at every level of the court process. Conduct an audit of court processes with a racial equity lens to identify specific areas for improvement and strategies for change. Responsible Parties: Judicial Officers, Superior & District Court Administrators, Superior Court Clerk, with guidance from the Bellingham-Whatcom County Commission on Sexual & Domestic Violence, the Whatcom Racial Equity Commission, and others (Recommendation 4.A)
Train judicial officers and court staff to address bias in the court system. Meet regularly in single-discipline or multi-disciplinary groups to address this bias. Participants can identify and discuss challenges, collaborate, and plan for both individual growth and systems change. Responsible Parties: Judicial Officers, Superior & District Court Administrators, Superior Court Clerk (Recommendation 4.B)
Recommendations for Law Enforcement:
Use written information that is in plain language, designed for accessibility for people with disabilities, and available in multiple languages. Use brief, concise videos, especially for languages with no written language, and for people who speak ASL, in conjunction with written materials. Written information alone is not enough to meet the need for support. Responsible Parties: Superior & District Court Administrators, Superior Court Clerk, judicial officers, law enforcement, and service providers (Recommendation 1.J)
Ensure survivors in jail can seek confidential one-on-one support and support groups. Provide regular advocacy to survivors who are in the Whatcom County Jail. Responsible Parties: Whatcom County Sheriff’s Office, Domestic Violence & Sexual Assault Services (Recommendation 5.B)
Address delays in service and inconsistent enforcement of protection orders. Responsible Parties: Chiefs of Police and the Whatcom County Sheriff, Judicial Officers, Superior & District Court Administrators, Superior Court Clerk (Recommendation 6.A)
Incorporate procedural justice and an understanding of domestic violence, sexual assault, and stalking dynamics into procedures for serving and enforcing protection orders. The Washington State Criminal Justice Training Commission could be one source of training. Responsible Parties: Chiefs of Police and the Whatcom County Sheriff (Recommendation 6.B)
Recommendations for Domestic Violence & Sexual Assault Services:
Create a permanent protection order office at the courthouse staffed by community-based advocates during all open courthouse hours. This would expand opportunities for trauma-informed support for survivors seeking protection orders. Additionally, identify and implement ways to provide services outside of standard business hours, throughout Whatcom County, and virtually. These services would include safety planning, identifying options, assistance writing their petition, support in court hearings, and follow-up after court hearings. Responsible Parties: Court Administrators, the Superior Court Clerk, and Domestic Violence & Sexual Assault Services (Recommendation 1.C)
Create a trauma-informed family law navigator team to support and accompany survivors of intimate partner violence through the parenting plan and divorce processes, providing legal information to help them understand processes and procedures, court terminology, roles, and court rules. Legal information is general, neutral information about what the law says and how legal processes work, without telling a person what they should do. This team must be trained in the dynamics of intimate partner violence, sexual violence, and stalking. Responsible Parties: Court Administrators, the Superior Court Clerk, Domestic Violence & Sexual Assault Services, and LAW Advocates (Recommendation 1.D)
Train community-based advocates to provide legal information about parenting plans and divorce processes via partnerships with the Sexual Violence Law Center, the Victim Rights Law Center, or equivalent organizations. Community-based advocates already have statutory protections to provide information and support for protection orders, but there is a gap in their ability to provide information, support and accompaniment, and safety planning for family law processes. Responsible Parties: Domestic Violence & Sexual Assault Services, Bellingham-Whatcom County Commission on Sexual & Domestic Violence (Recommendation 1.E)
Develop and implement a plan for how a protection order office, family law navigator team, community-based advocates, and legal aid could coordinate and collaborate for the programs recommended above. Responsible Parties: Court Administrators, the Superior Court Clerk, Domestic Violence & Sexual Assault Services, LAW Advocates (Recommendation 1.G)
Ensure survivors in jail can seek confidential one-on-one support and support groups. Provide regular advocacy to survivors who are in the Whatcom County Jail. Responsible Parties: Whatcom County Sheriff’s Office, Domestic Violence & Sexual Assault Services (Recommendation 5.B)
Recommendations for LAW Advocates:
Create a trauma-informed family law navigator team to support and accompany survivors of intimate partner violence through the parenting plan and divorce processes, providing legal information to help them understand processes and procedures, court terminology, roles, and court rules. Legal information is general, neutral information about what the law says and how legal processes work, without telling a person what they should do. This team must be trained in the dynamics of intimate partner violence, sexual violence, and stalking. Responsible Parties: Court Administrators, the Superior Court Clerk, Domestic Violence & Sexual Assault Services, and LAW Advocates (Recommendation 1.D)
Develop and implement a plan for how a protection order office, family law navigator team, community-based advocates, and legal aid could coordinate and collaborate for the programs recommended above. Responsible Parties: Court Administrators, the Superior Court Clerk, Domestic Violence & Sexual Assault Services, LAW Advocates (Recommendation 1.G)
Recommendations for the Bellingham-Whatcom County Commission on Sexual & Domestic Violence:
Pilot a domestic violence court to hear domestic violence, sexual assault, and stalking protection orders, and family law cases involving domestic violence. There are communities around the country that may serve as mentor courts for Whatcom County. A designated domestic violence court provides: continuity of judicial officers; judicial officers and court staff specially trained to focus on IPV, sexual assault, and stalking; and an opportunity to institutionalize multidisciplinary collaboration to address this violence in Whatcom County. Responsible Parties: Superior &District Courts, the Bellingham Whatcom County Commission on Sexual & Domestic Violence (Recommendation 1.B)
Train community-based advocates to provide legal information about parenting plans and divorce processes via partnerships with the Sexual Violence Law Center, the Victim Rights Law Center, or equivalent organizations. Community-based advocates already have statutory protections to provide information and support for protection orders, but there is a gap in their ability to provide information, support and accompaniment, and safety planning for family law processes. Responsible Parties: Domestic Violence & Sexual Assault Services, Bellingham-Whatcom County Commission on Sexual & Domestic Violence (Recommendation 1.E)
Build and nurture relationships between the courts, prosecution-based and community-based advocates, and legal aid. The Bellingham-Whatcom County Commission on Sexual & Domestic Violence can host quarterly meetings to bring together court administrators, court clerks, victim advocates, and legal aid to share information, address systemic challenges for survivors, and make commitments and action timelines to improve system coordination. Responsible Parties: Bellingham-Whatcom County Commission on Sexual & Domestic Violence (Recommendation 1.H)
Explore ways to coordinate with mental health providers to provide (at minimum) brief one-on-one counseling sessions for survivors going through protection order and/or family law processes, to address trauma and mental health needs. Responsible Parties: Bellingham-Whatcom County Commission on Sexual & Domestic Violence, in coordination with Superior & District Court Administrators, Judicial Officers, and mental-health professionals (Recommendation 1.K)
Create and institutionalize accountability and oversight measures for judicial officers presiding over intimate partner violence and sexual violence cases. This might include mentorship, court watch programs, community feedback (e.g. surveys of court users immediately after a hearing) and other measures. Responsible Parties: Superior & District Courts, in collaboration with the Bellingham-Whatcom County Commission on Sexual & Domestic Violence (Recommendation 2.B)
Train people in all sectors, including all workplaces, schools, healthcare workers, law enforcement, and more. Everyone trained and engaged in this anti-violence work is also a family member, friend, coworker, and community member. When people understand the dynamics of abuse, they can provide emotional support and be partners in safety planning, and when they know how to refer survivors to resources, they can support the people in their lives, whether in their capacity as a professional, or in their personal relationships. Responsible Parties: Bellingham-Whatcom Commission on Sexual & Domestic Violence, all organizations and workplaces in Whatcom County (Recommendation 7.A)
Inform community members of resources available to support survivors, so they know what is available for themselves, as well as their friends, family, neighbors and colleagues. This could include advertisements and awareness campaigns. Responsible Parties: Bellingham-Whatcom Commission on Sexual & Domestic Violence, Domestic Violence & Sexual Assault Services (Recommendation 7.B)
Recommendations for Funders:
Expand LAW Advocates’ capacity to provide services to assist more survivors with parenting plans, divorce, and complex protection orders, so survivors can get legal advice specific to their situation. Train staff, contracted, and volunteer attorneys on trauma-informed lawyering, and the dynamics of abuse. Responsible Parties: Funders, including government and private donors (Recommendation 1.F)
Prioritize supporting our community-based and Tribal-based advocacy organizations to provide comprehensive, trauma-informed case management and support through the protection order and family law processes, particularly by funding and providing logistical support for a permanent protection order office at the courthouse, and for mobile advocacy throughout the county and virtual advocacy. Advocates providing mobile advocacy might partner with other providers who already provide mobile services. Responsible Parties: Funders, including government and private donors (Recommendation 5.A)
Recommendations for the community:
Train people in all sectors, including all workplaces, schools, healthcare workers, law enforcement and more. Everyone trained and engaged in this anti-violence work is also a family member, friend, coworker, and community member. When people understand the dynamics of abuse, they can provide emotional support and be partners in safety planning, and when they know how to refer survivors to resources, they can support the people in their lives, whether in their capacity as a professional, or in their personal relationships. Responsible Parties: Bellingham-Whatcom Commission on Sexual & Domestic Violence, all organizations and workplaces in Whatcom County (Recommendation 7.A)
Recommendations for Whatcom County’s Guardian ad Litem Committee:
Require GALs to receive annual training on the dynamics of intimate partner violence, sexual violence, and stalking, and the impacts of abuse on survivors (particularly those with limited English proficiency and/or disabilities). The Guardian ad Litem Committee should oversee the implementation, track progress and ensure GAL compliance. Responsible Parties: Whatcom County’s Guardian ad Litem Committee (Recommendation 2.G)
Support self-care for judicial officers, court staff, GALs, family law attorneys, Limited License Legal Technicians (LLLTs), and others interacting with survivors and their cases, to prevent vicarious trauma and burnout. When practitioners experience burnout and vicarious trauma, they are less likely to meet survivors’ needs. Responsible Parties: Superior & District Court Administrators, Superior Court Clerk, Judicial Officers, Guardian ad Litem Committee, Whatcom County Bar Association (Recommendation 2.I)
Recommendations for Whatcom County Bar Association:
Support self-care for judicial officers, court staff, GALs, family law attorneys, Limited License Legal Technicians (LLLTs), and others interacting with survivors and their cases, to prevent vicarious trauma and burnout. When practitioners experience burnout and vicarious trauma, they are less likely to meet survivors’ needs. Responsible Parties: Superior & District Court Administrators, Superior Court Clerk, Judicial Officers, Guardian ad Litem Committee, Whatcom County Bar Association (Recommendation 2.I)
Recommendations for Whatcom County, City of Bellingham, and small cities government:
Expand LAW Advocates’ capacity to provide services to assist more survivors with parenting plans, divorce, and complex protection orders, so survivors can get legal advice specific to their situation. Train staff, contracted, and volunteer attorneys on trauma-informed lawyering, and the dynamics of abuse. Responsible Parties: Funders, including government and private donors (Recommendation 1.F)
Provide safe onsite childcare for parents to attend court hearings and to access other legal help. Post childcare resources, including emergency resources, in the courthouse. Responsible Parties: Superior & District Court Administrators, Superior Court Clerk, the County Executive’s Office (Recommendation 3.B)
Prioritize supporting our community-based and Tribal-based advocacy organizations to provide comprehensive, trauma-informed case management and support through the protection order and family law processes, particularly by funding and providing logistical support for a permanent protection order office at the courthouse, and for mobile advocacy throughout the county and virtual advocacy. Advocates providing mobile advocacy might partner with other providers who already provide mobile services. Responsible Parties: Funders, including government and private donors (Recommendation 5.A)
Appendix B: Recommendations addressed by the JFF Project
The following recommendations are addressed or partially addressed by the Whatcom County Justice for Families project (2024-2027).
Recommendation 1.F: Expand LAW Advocates’ capacity to provide services to assist more survivors with parenting plans, divorce, and complex protection orders, so survivors can get legal advice specific to their situation. Train staff, contracted, and volunteer attorneys on trauma-informed lawyering, and the dynamics of abuse. Responsible Parties: Funders, including government and private donors; LAW Advocates
Recommendation 1.H: Build and nurture relationships between the courts, prosecution-based and community-based advocates, and legal aid. The Bellingham-Whatcom County Commission on Sexual & Domestic Violence can host quarterly meetings to bring together court administrators, court clerks, victim advocates, and legal aid to share information, address systemic challenges for survivors, and make commitments and action timelines to improve system coordination. Responsible Parties: Bellingham-Whatcom County Commission on Sexual & Domestic Violence
Recommendation 1.J: Use written information that is in plain language, designed for accessibility for people with disabilities, and available in multiple languages. Use brief, concise videos, especially for languages with no written language, and for people who use ASL, in conjunction with written materials. Written information alone is not enough to meet the need for support. Responsible Parties: Superior & District Court Administrators, Superior Court Clerk, Judicial Officers, law enforcement
Recommendation 2.A: Build court processes that are trauma-informed from the start to serve people who have experienced trauma. This includes ensuring judicial and court staff expertise on the dynamics of intimate partner violence, sexual violence, and stalking, and the impacts of abuse on survivors (particularly survivors with limited English proficiency and/or disabilities). Responsible Parties: Superior & District Court Administration, Superior Court Clerk, Judicial Officers
Train all judicial officers, including commissioners pro tempore (temporary/substitute commissioners) on trauma and abuse dynamics annually. Only judicial officers who have been trained and are able to demonstrate their knowledge and skills should preside over protection order and family law cases.
Train all judicial officers, including commissioners pro tempore (temporary/substitute commissioners) on meaningful language access and accessibility for people with disabilities annually. Judicial officers should regularly refer to the Bench Card on Courtroom Interpreting (Spoken Languages).
See introduction for information on potential collaborators on trainings.
Recommendation 2.F: Train court staff on the dynamics of intimate partner violence, sexual violence, stalking, and the impacts of that abuse on survivors. Responsible Parties: Superior & District Court Administrators, Superior Court Clerk
Recommendation 2.G: Require GALs to receive annual training on the dynamics of intimate partner violence, sexual violence, and stalking, and the impacts of abuse on survivors (particularly those with limited English proficiency and/or disabilities). The Guardian ad Litem Committee should oversee the implementation, track progress, and ensure GAL compliance. Responsible Parties: Whatcom County’s Guardian ad Litem Committee
Recommendation 2.I: Support self-care for judicial officers, court staff, GALs, family law attorneys, Limited License Legal Technicians (LLLTs), and others interacting with survivors and their cases, to prevent vicarious trauma and burnout. When practitioners experience burnout and vicarious trauma, they are less likely to meet survivors’ needs. Responsible Parties: Superior & District Court Administrators, Superior Court Clerk, Judicial Officers, Guardian ad Litem Committee, Whatcom County Bar Association
Recommendation 5.A: Prioritize supporting our community-based and Tribal-based advocacy organizations to provide comprehensive, trauma-informed case management and support through the protection order and family law processes, particularly by funding and providing logistical support for a permanent protection order office at the courthouse, and for mobile advocacy throughout the county and virtual advocacy. Advocates providing mobile advocacy might partner with other providers who already provide mobile services. Responsible Parties: Funders, including government and private donors