Writing a support plan to protect an elderly father from family violence

Question

Task: You are required to investigate your local court and relevant support services and submit a written Support Plan for your client (i.e., the elderly father who is seeking an order to protect himself from family violence perpetrated by his adult daughter. The adult daughter lives at home with your client and is also his carer). State the location and role of the local court in the context of seeking a family violence protection order. Provide a summary of the legal process as it relates to protecting the elderly father from family violence by order of the court. Give an overview of the local support services available in connection with the court and external to the court that would assist your client. Provide an explanation of how you (as the community service worker) would prepare if you received a subpoena to both submit your file notes, and attend court as a witness in this case. Identify and discuss two ethical issues that could arise for you in your role as a community service professional assisting the father in this matter. Include a description of how you would respond to the ethical issues that you have identified.

Answer

Introduction

The main aim behind this help plan is to give a thorough outline of the neighborhood court and important help administrations accessible to help an older father looking for a family viciousness security request against his grown-up little girl. A summary of the legal process for protecting the elderly father from family violence, an overview of local support services available in connection with the court and external to the court, an explanation of how to prepare for a subpoena to submit file notes, and an explanation of how to attend court as a witness will all be included in the support plan.

a) Location and role of the local court

In situations where an older individual is encountering family viciousness from a relative, for example, the instance of the old dad and his girl in this situation, looking for a family savagery security request can be an overwhelming and complex cycle. In most jurisdictions, the Magistrates' Court is the local court that handles family violence protection orders. It is in charge of adjudicating the case and determining whether the daughter is guilty of family violence against the father. A protection order would be issued by the court if the daughter is found guilty of family violence. This order would require the daughter to stay away from the father and stop using violence against him in the future. This intercession request can give prompt assurance to the dad and can assist with keeping further savagery from happening (Campbell 2015).

Be that as it may, the lawful cycle can be perplexing and profound for the dad, and he might need help and help all through the legitimate interaction. Legal aid, victim support, and court support services are just some of the support services that the court may be able to provide information about. The father can also get emotional support from the community service worker and be referred to relevant support services like counseling or elderly care. By and large, the dad should approach the important help and help to explore the lawful cycle and to guarantee that his security and prosperity are safeguarded.

b) Summary of the legal processes

The victim, in this case the elderly father, must first file an application or petition with the local court that deals with family violence protection orders in most jurisdictions in order to obtain a family violence protection order. The father's family violence or abuse must be described in detail in the application or petition, including the type of violence, the date it occurred, and any other pertinent information.

The court will look over the application or petition after it is filed and may issue a temporary or interim order to protect the father until the final hearing. Until the final hearing, at which evidence would be presented and a final decision would be made, the daughter will be prohibited from committing any further acts of violence against the father under the interim order (Fontaine 2013).

At the last hearing, the two players will be expected to join in, and the court will hear proof from the dad and some other pertinent observers. After that, the court will decide whether or not the father has engaged in acts of family violence against the daughter. The court will issue a protection order requiring the daughter to avoid the father and have no contact with him if the daughter is found guilty. The daughter may not be allowed to possess firearms or attend certain locations, for example, as part of the protection order. Depending on the jurisdiction and the particulars of the case, the protection order will remain in effect for a specific amount of time.

It is critical to take note of that the legitimate cycle can be intricate and profound, and the dad might need help and help in the interim. The court might give data about help benefits that are accessible, and it could be vital for the local area administration specialist to give the dad basic encouragement and references to significant help administrations, for example, guiding or casualty support administrations (Peek 2019).

c) Overview of the local support services

Survivors of family viciousness can profit from a scope of help benefits that are accessible both through the court framework and beyond it. The purpose of these services is to give victims the support and help they need to get through the complicated legal system and recover from the trauma of family violence (Atoyebi et al., 2015).

Administrations accessible through the court framework incorporate casualty advocates, who can offer profound help and assist casualties with figuring out their lawful privileges and choices. Advocates for victims can also assist victims in navigating the legal system by accompanying them to court and offering assistance during hearings.

Domestic violence shelters can offer victims a safe place to stay and access to resources like counseling and legal help outside of the court system. Counseling, support groups, and legal representation are among the many services offered by domestic violence shelters (Elrod & Spector 2012). Victims of family violence may benefit from these services in their efforts to recover from the trauma and rebuild their lives. For victims of family violence, hotlines are an additional useful resource. Victims can talk to someone at a hotline, and they can also learn about resources in their area. Victims who are unable to visit services in person or who are in immediate danger can benefit most from calling hotlines (Shukri et al., 2022).

In general, it is essential for victims of family violence to have access to a variety of support services that can assist them in navigating the legal system and recovering from the traumatic events that they have experienced as a result of family violence. In this scenario, as a community service worker, it may be important to inform the elderly father about these services and assist him in connecting with the resources he requires to remain safe and recover from his trauma.

d) Role as a community service worker

As a community service worker, if I were to be subpoenaed to provide my file notes and testify as a witness in a case involving a family violence protection order, I would take several steps to prepare for the situation. To begin, I would carefully go over my file notes and any other relevant documents to make sure I knew everything about the case and how I was involved. In order to make it simple for me to locate and refer to my notes during the court proceedings, I would arrange them in a logical and easily accessible manner. In addition, I would make certain that my notes are complete, accurate, and up-to-date, and that they adhere to the principles of privacy and confidentiality.

Second, I would learn about the legal procedures for submitting file notes and testifying in court for family violence protection orders in my jurisdiction. This would require me to comprehend my legal responsibilities as a witness, such as the requirement to tell the truth and provide the court with accurate information. I would likewise look for direction from legitimate experts, for example, attorneys or court support administrations, to guarantee that I completely comprehend my job as an observer and the lawful methodology that will be followed during the court procedures. Thirdly, I would make certain that I am emotionally ready to testify in court. To help me deal with any stress or anxiety I may be experiencing, I would need to seek support from coworkers, supervisors, or other support services like counseling or victim support services. In addition, I would make sure I got enough sleep, ate well, and wasn't under the influence of alcohol or drugs so I could give a clear and accurate testimony. Last but not least, I would make certain that I am prepared to address any potential conflicts of interest that may arise and am aware of the ethical considerations that are associated with testifying in court, such as concerns regarding privacy and confidentiality. In order to uphold the highest ethical standards and ensure that I am acting in the father's best interest in this instance, I would also make sure that I am familiar with the laws and regulations that govern my profession.

Overall, preparing to testify in court as a community service worker requires careful planning, attention to detail, and emotional resilience. By taking the necessary steps to prepare myself for this experience, I can provide valuable testimony that can help to protect victims of family violence and ensure that justice is served

e) Ethical issue

As a community service professional assisting the elderly father in this matter, there are several ethical issues that could arise in my role. Here are two examples:

1. Interest inconsistency: A conflict of interest, especially if the alleged perpetrator's daughter is also my client as a caregiver, is one ethical issue that could arise. This could lead to a situation in which my loyalty is split between two customers, and I might feel pressured to act in the daughter's best interests even if it is not in the father's best interests. In order to resolve this issue, I would need to clarify my responsibilities to both clients and ensure that I always act in the father's best interest (Elrod & Spector 2012). This may entail seeking independent legal counsel or guidance from my supervisor.

2. Confidentiality: Maintaining confidentiality while simultaneously providing the court with relevant information is another ethical dilemma that could arise. As a local area administration proficient, I have an obligation to safeguard the classification of my clients, and yet, I might be expected to unveil data about the dad's case to give proof in court. I would need to carefully consider which information can be kept confidential and which must be disclosed to fulfill my duty as a witness in order to address this issue. In order to ensure that I fully comprehend my legal obligations and the repercussions of disclosing information in court, I would also need to seek advice from professionals in the legal field, such as lawyers or court support services.

Conclusion

I must be open and honest about my duties and limitations as a community service professional in both of these circumstances. I must ensure that I am upholding the highest ethical standards in my work and that I am acting in the elderly father's best interests. To make sure I'm giving the father the best possible support, I might ask my boss for advice, seek independent legal counsel, or work with other professionals.

References

Campbell, N. (2015). Designing for social needs to support aging in place within continuing care retirement communities. Journal of Housing and the Built Environment, 30(4), 645-665. https://doi.org/10.1007/s10901-015-9437-6

Fontaine, S., PhD. (2013). Innovations in housing and assistive services to support aging in place. Online Journal of International Case Analysis, 4(2), 1-11. https://www.proquest.com/scholarly-journals/innovations-housing-assistive-services-support/docview/1467739824/se-2

Peek, S. T. M., Luijkx, K. G., Vrijhoef, H. J. M., Nieboer, M. E., Aarts, S., C S van, d. V., Rijnaard, M. D., & Wouters, E. J. M. (2019). Understanding changes and stability in the long-term use of technologies by seniors who are aging in place: a dynamical framework. BMC Geriatrics, 19https://doi.org/10.1186/s12877-019-1241-9

Atoyebi, O. A., Stewart, A., & Sampson, J. (2015). Use of Information Technology for Falls Detection and Prevention in the Elderly. Ageing International, 40(3), 277-299. https://doi.org/10.1007/s12126-014-9204-0

Shukri, Z., Nor, N. N. F. M., & Norzehan, N. R. (2022). The Issue of the Elderly Homeless in Kuala Lumpur: Family Neglect and Its Contributing Factors. Intellectual Discourse, 30(1), 59-81. https://www.proquest.com/scholarly-journals/issue-elderly-homeless-kuala-lumpur-family/docview/2701144718/se-2

Elrod, L. D., & Spector, R. G. (2012). A Review of the Year in Family Law: Numbers of Disputes Increase. Family Law Quarterly, 45(4), 443-489. https://www.proquest.com/scholarly-journals/review-year-family-law-numbers-disputes-increase/docview/1023135810/se-2