Intimate Partner Violence

The Problem

Right now, in the United States, some victims of domestic and intimate partner violence (DV/IPV) do not obtain restraining orders against their abusers, not because their facts fail to meet applicable legal standards, but rather because legal services providers lack knowledge needed to allocate scarce resources well, i.e., to triage. Were such triage know-how available, more DV/IPV victims might obtain restraining orders, even without new resources.

What is triage?

Triage is scarcity-compelled choice. The military setting provides a useful guide. The Navy Hospital Corpsman Manual instructs field medical technicians facing emergencies with multiple civilians to divide human beings into three classes:

  • Priority I. Victims who “require immediate life sustaining action.”
  • Priority II. Victims with “injuries where treatment can be delayed for a short time.”
  • Priority III. Those who either “have minor injuries,” or those with “obviously mortal wounds where survival is not expected.”

When resources are too scarce to permit treatment to be given to all, the Manual’s instructions are clear: treat Priority I patients. When you cannot treat everyone, treat those who will live with treatment but die without it. Doing anything else may cost lives. Most critically, the Manual provides instruction on how to identify and separate these classes.

On a day-to-day basis, legal aid attorneys facing severe resource constraints should provide representation first to Priority I victims. Doing anything else may cost lives.

At current resource levels, every representation given to a victim in Priorities II or III (i.e., those for whom representation can make no difference vis-à-vis restraining orders) means that two other victims, perhaps two other Priority I victims, go unrepresented. Like Navy Corpsmen, legal aid attorneys may despise the necessity for triage, but they cannot escape it. Some triage mechanism is unavoidable.

But unlike Navy Corpsmen, legal aid attorneys have no manual to instruct them on how to identify those who will obtain restraining orders (no matter what) and those who will not obtain restraining orders (no matter what) from those who will obtain restraining orders only if legal aid attorneys represent them.

Why is there no such manual? Because no one knows what the manual would say. No one has ever researched how to triage well in the DV/IPV context, nor in any legal context, even though courts and attorneys make triage decisions daily.

The Study

The Intimate Partner Violence Triage Study will provide the first rigorous study of triage in the DV/IPV context. It will do so using a randomized control trial design in partnership with a legal aid organization in northeastern Ohio.

Self-help materials

A key element to this project involves creating self-help materials that are useful and accessible, and that convey the appropriate message to the audience. We have developed several sets of images to accompany the text for these materials.

Stick figure restraining order Reverse geometric figure restraining order Bears restraining orderPrint

Please help us by casting a vote for the image you think works best.

Field operation

After a thorough screening and intake process, a legal aid attorney will make a provisional triage decision assigning each eligible and consenting DV/IPV victim to one of its three service levels: (a) full attorney representation; (b) an instructional telephone call plus a self-help assistance packet; or (c) a self-help packet alone.

Eligible and consenting individuals are then randomized into one of two groups:

  1. Triage by an attorney: the person will receive the service that is decided by the attorney.
  2. Randomized triage: the decision made by the attorney will be ignored, and the person will be provided a randomized level of service as chosen by a computer.

Outcomes

The Research Team will follow each victim to discern whether she obtains a restraining order, and subsequently, whether she seeks refuge at a shelter (a strong indicator of revictimization). Depending on funding and the availability of records, the Research Team will also examine police records (to see whether a subsequent encounter is reported for the victim and her abuser) as well as Medicaid expenditures for each victim. By comparing these outcomes across the two treatment arms, the Intimate Partner Violence Triage Study will assess the effectiveness of the attorney-led triage process in DV/IPV cases.

Unlike many randomized trials, however, the Study will go beyond mere “treated” versus “control” comparisons and provide strong guidance to future service providers and researchers. Specifically, the presence of a fully randomized group (the second treatment arm) will allow the researchers to provide data-driven, rigorous evidence on the following questions critical to the legal scheme constructed to protect DV/IPV victims:

  • What background variables (observable at intake) predict whether a legal aid provider will offer higher as opposed to lower levels of service?
  • What background variables (observable at intake) predict whether a DV/IPV victim can obtain a restraining order on her own?
  • How much does legal representation increase the probability of obtaining a restraining order over a telephone call and/or a self-help assistance packet?
  • How effective is a restraining order in preventing revictimization, forestalling the need for subsequent police calls, and reducing state medical expenditures?

 

The Research Team

Marie Curry, Managing Attorney, Health, Education, Advocacy & Law Program, Community Legal Aid Services, Inc.

Jim Greiner, Faculty Director, The Access to Justice Lab; Professor of Law at Harvard Law School

Erika Rickard, Associate Director of Field Research, The Access to Justice Lab

David Yokum, U.S. Social & Behavioral Sciences Team

The Problem of Default

The Problem

In the modern United States, too many lawsuits are decided by default. This is especially true in debt collection cases, where reported default rates frequently range from 60% to 95%.
Default is certainly bad for defendants, but perhaps more importantly, default engenders a system in which the state publicly declares a winner to a dispute without any opportunity to assess relevant facts and apply the law. For this reason, default threatens to undermine faith in the judicial system.

Thus our study seeks to answer the question: what steps can legal services providers take to facilitate defendant attendance in court?

The Study: Part I

The Debt Collection Default Study measures what kinds of mailings from legal services providers to defendants are effective in reducing default rates in debt collection cases. To our knowledge, our study is the first of its kind to evaluate an intervention intended to reduce default rates in civil cases using a randomized control trial.

Designing self-help materials

The goal of our self-help materials was to induce debt collection defendants to (1) open, (2) read, and (3) act upon them. In terms of what action needed to be taken, our materials needed to induce a litigant to fill out three copies of an Answer form (which we would provide), mail two of those copies, receive a notice from the BMC of a scheduled court date, and appear in court on that scheduled date.

We designed interventions consisting of two forms of mailings based on research from other disciplines, including psychology, public health, and adult education.
Cartoon of Blog mailing answer forms.

Field operation

The Research Team received debt collection case information on a weekly basis from court staff at the Boston Municipal Court. After identifying potentially study-eligible cases, we compared the defendant’s address in the court file with that in an online address-checking system, and excluded those with inconsistent addresses.

The Research Team randomized whether each defendant receives a mailing, and if so, what kind. Using different formats and messages, the mailings urge defendants to contest their cases (by filing any necessary paperwork and showing up to court) and provide information/materials useful for such a defense (such as an Answer form).

Treatment group A, the Limited treatment:

  • letter from the legal services provider
  • three copies of a check-box style Answer form
  • business envelopes pre-addressed to the court and the plaintiff’s attorney
  • map to the courthouse
  • and a post-it note appropriate for a wall calendar saying “Go To Court Today!”

Treatment group B, the Maximal treatment:

  • First, a postcard with the signature Blob cartoon, stating: “Dear [Recipient Name], Help is on the way. Look for me!.” Next to “me” was a hand-drawn arrow pointing to an image of Blob.
  • The next day, we mailed the defendant the same manila envelope (with corresponding contents) that those in the “Limited” group received, except that the two business envelopes to the Court and to the Plaintiff’s attorney had stamps.

Control group: no mailing

Results

We tracked two outcomes:

  • Whether the defendant filed an answer, and
  • Whether the defendant attended the first court hearing.

We find no difference in effectiveness as between our two mailings, but that both roughly double the rate at which defendants participate in their lawsuits. Specifically:

Chart comparing answer rates in debt collection cases

As compared to a randomly selected Control group with a 13% answer rate (corresponding to an 87% default rate), our “Limited” intervention group saw a 24% answer rate, and our “Maximal” intervention group saw a 24% answer rate.

 

 

appearance-rates

 

The corresponding rates for whether the defendant appeared at the first scheduled court hearing were 7.5% for the Control group, 14% for the Limited group, and 15.3% for the Maximal group.

 

 

Differences between the Control versus the Limited and Maximal groups were statistically significant. Differences between the Limited and Maximal groups were not.

What this means

The results of this study shed some light on a few different areas of debate in the legal arena:

  • why people obey the law and engage in official proceedings (and why they don’t)
  • the role of civil legal services providers and the types of services they provide
  • how courts present themselves to and interact with people without lawyers

The Study: Part II

Field operation

This study builds on the smaller pilot study in Boston, and will include multiple legal service providers and multiple court locations.

By randomly varying the format and content of the package, the Research Team will learn what is necessary and cost effective to reduce default rates. Potential areas of exploration include the appearance of the external envelope; the text of the letter; whether the letter includes cartoons and/or other illustrations; the contents of the package (e.g., whether Answer forms, return envelopes, maps to courthouses, and reminder post-it notes are included); and whether the materials are translated, and if so, into what languages.

The Research Team

Jim Greiner, Faculty Director, The Access to Justice Lab; Professor of Law, Harvard Law School

Dalié Jiménez, Associate Professor of Law, University of Connecticut School of Law

Andrea Matthews, Bureau of Consumer Protection

More Information

About this study and previous research
About debt collection and default rates

 

Financial Distress

The Problem

Cartoon, legal self-help, debt collection, show me proofAs of 2014, more than 77 million people in the U.S. had at least one account reported as “in collection” on their credit reports, owing an average of $5,178 (median $1,349).   Distressed debt results in collection lawsuits, a messy and error-prone credit report, and a potential need for bankruptcy.  In other words, debt problems are legal problems, and an inability to resolve debt problems leads to legal consequences.  What proposals are out there to address the legal aspects distressed debt?  How would we know whether those proposals work?