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  1. IV. ADVOCACY ORGANIZATIONS AS NON-LEGAL RELIEF FOR DOMESTIC VIOLENCE SURVIVORS
    1. A. Safety Plans
    2. B. Technology’s Impact on Safety Plans

Advocacy organizations against domestic violence play a critical role in protecting survivors who are waiting for or are unable to obtain relief from the legal system. 85 These organizations are typically grassroots or community-based nonprofits where advocates perform “care work” such as providing counseling, emotional support, and empowerment. 86 Advocates also perform “legal work” such as educating survivors on the legal process and their legal options; accompanying survivors to court hearings;

79 Id. at 926.

80 Curbing Abusive Litigation Practices, LEGAL VOICE (Mar. 2, 2020), https://www.legalvoice.org/abusive-litigation-practices, [https://perma.cc/KK2W-5NJ2].

81 See David Ward, In Her Words: Recognizing and Preventing Abusive Litigation Against Domestic Violence Survivors, 14 SEATTLE J. SOC. JUST. 429, 438-42 (2015). One survivor described her exhusband filing 500-page motions in court. She counted eight complaints filed against her and her parents by her ex-husband, and almost 3,000 docket entries in her divorce case.

82 WASH. STATE HOUSE OF REPRESENTATIVES, ENGROSSED SUBSTITUTE HOUSE BILL ANALYSIS 2020, ESSB 6268 at 2 (2020), http://lawfilesext.leg.wa.gov/biennium/2019-20/Pdf/Bill%20Reports/House/6268-S.E%20HBA%20CRJ%2020.pdf [https://perma.cc/4PXS-9WFH].

83 Ward, supra note 81, at 457.

84Id. at 459.

85 Kimberly D. Bailey,* It’s Complicated: Privacy and Domestic Violence,* 49 AM. CRIM. L. REV. 1777, 1812 (2012).

86 MacDowell,* supra* note 17, at 220.

and connecting them to local resources such as shelters or food banks.87Most critically, advocates assist survivors with creating safety plans.

A. Safety Plans

A domestic violence safety plan is a detailed, personalized plan for a survivor to follow in specific situations to protect themselves from an abuser. 88 A survivor may have one general safety plan for when they leave their abusers; others may have a handful of safety plans for different areas of their lives, such as at home, at work, or at school. 89 Others may have safety plans for specific scenarios (during the violence, when there are children present, if the abuser leaves first, etc.). 90

Safety plans are critical for survivors as they face life-threatening danger, particularly when they leave their abuser.91 Because every survivor will have a different plan that is tailored to their situation, identity, and end-goals, not every safety plan will look the same.92 A trained domestic violence advocate is essential in helping a survivor walk through and craft their personalized plan as well as identify community resources. 93

Safety plan examples can be found on domestic violence advocacy organizations’ websites. New Beginnings, a Seattle-based full-service agency serving domestic violence survivors, provides the following sample plan for pregnant individuals:

If you are in a home with stairs, try to stay on the first floor at times when violence is likely to occur. Doctor or midwife visits can be an opportunity to discuss what is going on in your relationship and get help. If your partner goes to these appointments with you, try to find a moment when they are out of the room to ask your care provider (or even the front desk receptionist) to come up with an excuse to talk to you one-on-one. If you’ve decided to leave your relationship, a

87 Id. at 221.

88 Safety Information, WASH. STATE DOMESTIC VIOLENCE INFO. REFERRAL, https://www.domesticviolenceinforeferral.org/safety-information [https://perma.cc/9M5L-JAW9] [hereinafter Safety Information].

89 STALKING RES. CTR., THE NAT’L CTR. FOR VICTIMS OF CRIME, ARE YOU BEING STALKED? 2 (2008), https://members.victimsofcrime.org/docs/default-source/src/english-aybs-2015.pdf [https://perma.cc/WM2J-LTY4].

90 Safety Plan, NEW BEGINNINGS (2018), https://www.newbegin.org/find-help/staying-safe/safetyplan [https://perma.cc/H2LR-FV4Y] [hereinafter Safety Plan].

91 Terry Gross,* ‘No Visible Bruises’ Upends Stereotypes of Abuse, Sheds Light On Domestic Violence, *NPR (May 7, 2019), https://www.npr.org/sections/health-shots/2019/05/07/721005929/no-visiblebruises-upends-stereotypes-of-abuse-sheds-light-on-domestic-violence [https://perma.cc/NTL9- UYVZ] (“The first 90 days after a victim leaves [their partner] is the most dangerous time for them of any kind of violence.”).

92 Safety Planning, LOVEISRESPECT.ORG (2017), https://www.loveisrespect.org/for-yourself/safetyplanning.

93 Personalized Safety Plan, NAT’L COAL. AGAINST DOMESTIC VIOLENCE, https://ncadv.org/personalized-safety-plan [https://perma.cc/2MRR-TARH] [hereinafter NCADV Safety Plan].

health care provider can become an active participant in your plan to leave. If possible, take a women-only prenatal class, giving you an opportunity to speak to the class instructor about your situation.94

While such tips may appear obvious, a person going through high stress or trauma may not be able to make logical decisions.95 A trained advocate will be able to ask a survivor the right questions to help the survivor define what safety means to them and identify where and how to protect themselves.96 Questions to ask may include the following: where the survivor can go; who the survivor can ask for help; what the survivor can do when a problem occurs; what scenarios the survivor could foresee happening; and how the survivor will handle them. 97

Safety plans incorporate a survivor’s circumstances, wants and needs in relation to their life circumstances, and the risks posed by their abuser. The survivor is in the best position to determine these items. A safety plan will also account for any cultural or social factors that may impact a survivor’s ability to protect themselves.98 For example, an undocumented immigrant living in a rural area may need to think about where to keep original immigration or identification documents; make copies of said documents; determine alternatives to contacting law enforcement; 99 and know where main services or businesses are located. 100 It is necessary have a trained domestic violence advocate who can list out the details with a survivor on what they need to be safe because of how personalized safety plans are.

B. Technology’s Impact on Safety Plans

Domestic violence advocacy organizations have been incorporating technology into safety planning due to the proliferation of technology usage and the rising number of methods that an abuser can use to harm their

94 Safety Plan, supra note 90.

95 Safety Information, supra note 88.

96 Christine E. Murray et al., *Domestic Violence Service Providers’ Perceptions of Safety Planning: A Focus Group Study, *30 J. FAM. VIOL. 381, 382 (2015).

97 NCADV Safety Plan, supra note 93.

98 LUPITA PATTERSON, WASH. STATE COAL. AGAINST DOMESTIC VIOLENCE, CROSSING BORDERS: CRITICAL THINKING AND BEST PRACTICES 2-3 (2004), https://wscadv.org/wp-content/uploads/2016/02/Crossing-Borders-Critical-Thinking-and-Best-Practices.pdf [https://perma.cc/QY8G6KT6].

99 Safety Plan for Immigrant Women Who Are Victims of Domestic Violence, AYUDA INC. LEGAL AID, https://vawnet.org/sites/default/files/assets/files/2016-12/safetyplan.pdf [https://perma.cc/URE2- ZXLF].

100 Safety in Rural Areas, WOMENSLAW.ORG (Mar. 28, 2016), https://www.womenslaw.org/aboutabuse/safety-tips/safety-rural-areas [https://perma.cc/94ST-ZZ9A].

partners,. 101 In addition to the previously described considerations, survivors and advocates must also identify technology-based abuse in the survivor’s life and how to manage it. 102 For example, if a survivor discovers that their abuser has downloaded a monitoring app on their cell phone, the survivor may need to evaluate with their advocate how long their phone has been monitored, what personal data the abuser has already obtained (location, text messages, browsing history, etc.), how the abuser would react if the app is removed or if the cell phone is replaced, how to document or screenshot the abuse, and whether to remove the app.103 Furthermore, a survivor may also need to think about whether an abuser had online access to their personal accounts, including email, bank accounts, or social media, and how to delete or change their accounts.104

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