4. Initial Interview

You may use the POP office, library conference rooms, or any other private area for the interview. Interviews may also be done at Middleway if the client has been referred by them and arrangements are made. Do not, however, agree to meet the client at his/her house. If the client cannot come to the POP office, arrange for a meeting at a public place affording some privacy (such as the public library), or consult with the Student Director.

Interviews typically last 45 to 75 minutes. Clients are often fifteen minutes late. So, approximately one and one half hours should be scheduled for any interview. Do not schedule interviews in the POP office to overlap the POP office hour. In addition, POP shares the office with the Inmate Legal Assistance Clinic (ILAC), which holds weekly meetings in the office. Do no schedule interviews in the office during the time which ILAC conducts its meetings.

During the interview, volunteers should tell the client the following:

1. Tell the client you are law students and that the client will be working with both a law students and an attorney, who will represent the client in court.
2. Explain as well that all contacts with you and with the attorney are confidential communications, and you will not discuss them with anyone without his/her permission.
3. Clients should be told that the POP is limited to obtaining protective orders and that if they need additional help, you will refer them to another agency for that help.
4. You should explain what a protective order is (a judicial order that tells the abuser the following things. . . . ) and all remedies available under the protective order statute should be explained to clients so they can choose what relief they want to seek with the protective order.

You should read the Guide to Interviewing victims of domestic violence in Appendix A; it will help you conduct the interview in a manner that allows the client to feel comfortable and you to gather all the information about the abuse. The Case Data sheet, which can be found in all pre-prepared file folders, is a useful guide. You also should be familiar with the forms that you will be drafting before you begin the interview so that you do not have to call the client later for information that is needed to fill out a form. Sample forms can be found in Appendix D.

There is no longer any filing fee for obtaining a protective order, so it is no longer necessary to obtain financial data from indigent clients.

As you are interviewing the client, think about information that will be helpful in proving the case later. If the client mentions witnesses, get their names and addresses. If the client has been to the police or the hospital, get dates. Any pictures showing evidence of the abuse should be obtained by POP for use at the protective order hearing, as well as any relevant documentation.

It is useful to ask about the most recent incident and work backwards. Refer to the Interviewing Reminder in this manual (also included in all pre-prepared file folders) for suggestions about the types of questions to ask.

It is VERY IMPORTANT TO ASK whether the Respondent owns a gun as the court may order the Respondent to refrain from possessing any firearms in certain circumstances.

All information and documents relating to the case should be kept in the client’s file. Pre-filing materials, including interview and telephone contact notes, as well as evidentiary material, should be kept on the left-hand side of the file, with the Case Data sheet on top. All other materials, including court documents, should be kept on the right-hand side of the file, in reverse chronological order, with the Checklist and Log on top. All work done on the case should recorded on the Checklist and/or the Log which is already attached to all pre-prepared file folders. Careful record keeping is essential and will be monitored by the Case Management supervisors. The file should be kept in the Open Cases drawer of the filing cabinet in the POP office. The filing cabinet should be kept locked when the office is not staffed. The key to the filing cabinet is located on the same ring as the key to the office.

If the client does not appear for the interview, attempt to contact the client to reschedule. If unable to re-establish contact, contact the Student Director before ceasing to work on the case.

NOTE: The presence of a third party in the interview may constitute a waiver of the attorney-client privilege (but not the obligation of confidentiality). Consequently, clients who attend the interview with third parties should e informed of this (outside of the presence of the third party) and asked whether they wish to proceed with the interview with the third party present. If they do, the court may be able to compel the volunteer to testify as to the substance of the interview, should it become necessary.

Before the client leaves, be sure to give them a copy of the POP brochure. Write your name on the brochure and indicate the phone number to the client.

Interview Reminder

Remember to tell the client the following:

1. Tell the client you are law students and that the client will be working with both a law students and an attorney, who will represent the client in court.
2. Explain as well that all contacts with you and with the attorney are confidential communications, and you will not discuss them with anyone without his/her permission.
3. Clients should be told that the POP is limited to obtaining protective orders and that if they need additional help, you will refer them to another agency for that help.
4. You should explain what a protective order is (a judicial order that tells the abuser the following things. . . . ), and all remedies available under the protective order statute should be explained to the client so they can choose what relief they want to seek.

Ask about the most recent incident and work backwards.

Ask about physical violence:

1. Has s/he ever hit you? (open or closed fist?)
2. pushed, shoved, slapped, kicked, bit, or tripped you?
3. choked or smothered you? twisted your arm?
4. thrown you down?
5. pulled your hair?
6. used a weapon against you?
7. attempted to do any of the above?
8. threatened to do any of the above?
9. forced you to have sex or perform a sexual act?
10. withheld medication from you or prevented you from seeking medical attention?

Ask about emotional violence:

Does s/he often engage in name calling, insulting, fault-finding, belittling or degrading language?

1. Has s/he ever destroyed property? caused damage to the home itself?
2. kept the children from you?
3. hurt a pet?
4. attempted to do any of the above?
5. threatened to do any of the above?
6. Has s/he ever threatened to take your children away (illegally)?
7. threatened to kill you?
8. threatened to commit suicide?

Ask about isolating tactics:

1. Is s/he excessively jealous?
2. Does s/he keep tabs on you?
3. follow you?
4. call you persistently? send you repeated letters or emails?
5. make it difficult for you to maintain relationships with friends, relatives, neighbors, or co-workers?
6. make it difficult for you to find or keep a job or go to school?
7. Does s/he withhold money or information about your finances?
8. Has s/he ever prevented you from leaving the house?

Ask about other indicators of dangerousness:

1. Does s/he own a weapon?
2. Does s/he have a criminal record?
3. Other history of violence?

Ask about the children (if any):

1. Have your children ever witnessed the abuse?
2. Have they ever been victims of the abuse?

For each incident of violence find out:

1. if the client suffered injuries? went to the hospital?
2. whether the police responded? whether reports were made or charges filed?
3. whether there were witnesses? photos?

Be sure to give the client a copy of the POP brochure before s/he leaves. Write your name on the brochure and indicate the phone number.

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