Advocating for Abuse Survivors

Legal Aid Foundation of Santa Barbara County (LAFSBC) remains the only provider of free civil legal services for survivors of intimate partner violence, sexual assault, elder abuse, and related crimes throughout the county. The critically important work not only helps balance the scales of justice where there is no constitutional requirement for attorney representation, but also restores equality in the power dynamics of a relationship, whether it’s domestic partners, family members, or acquaintances doing the abusing. 

“In our culture, these issues have often been hidden away, considered a private family matter,” says Jennifer Smith, LAFSBC’s executive director. “We can help it to surface and have a set of eyes on whatever situation is happening.” 

That doesn’t need to include criminal charges, which may not resolve a problem for any number of reasons. 

“A criminal case may not proceed or people may be fearful of involving law enforcement,” Smith says. “And the criminal world doesn’t address issues like child custody, housing and living arrangements, or other financial issues. It’s essential to have these critical services available in the community.”

Legal Aid is able to help with filing civil cases to secure a restraining order, or getting a court order to have the abusive party removed from the home, or file a civil suit to stop financial abuse particularly for seniors and work toward recovering funds. Even just filing a case can make a difference. 

“It’s an ongoing epidemic in which the community continues to struggle with these issues. But with support and intervention, we can help prevent abuse from escalating and help people get to a safe and secure place,” Smith says. “We can help write a declaration in a way that is most persuasive to a court about stepping in as research data shows having a court’s eyes on a situation makes an impact.”

Legal Aid is also well-equipped to help with elder abuse. Elder abuse is a rapidly rising issue countywide, as the baby boomer generation is aging into that status in exponentially larger numbers.

“It can be a spectrum of abuse, from being taken advantage of financially to situations of physical violence,” Smith says. “It’s even more helpful to have a third-party advocate because often the abuser is a family member or trusted friend, which makes it a very emotionally challenging situation.”

Entering its 67th year in Santa Barbara, Legal Aid also provides civil help in eviction defense, homelessness prevention, and consumer protection, as well as self-help services to people who are representing themselves in the courthouses across the county. 

Whatever the area, personally-directed service that is holistic based is the key. 

“We always meet people where they are,” Smith says. “Maybe they just want some information, or to take very modest steps. Or they might need us to file a restraining order. They’ve lost a lot of agency through the abuse. So our goal is to always empower people so they can decide how
to proceed.”