Representing

Victims of
Domestic
Violence

Guide to Community Outreach

For Immediate Help Call the

National Domestic Violence Hotline
1-800-799-SAFE or 1-800-787-3224 TTD
If a victim decides to leave her abuser, her attorney must be prepared to help
her address her needs and concerns through client-centered lawyering and
appropriate referrals. She will have to establish herself in a new life, often with dramatically
reduced financial resources and a pressing need for shelter, food, and clothing. She will need assistance
in obtaining protective orders and, if married, obtaining a divorce. Victims may also need counseling
services or therapy for themselves and their children.

As a lawyer, your first concern is to provide your client with legal information and representation.
Remember also to take the time to listen to the victim’s story, her concerns, and her needs.
Explain to your client her options, the possible outcomes, and legal risks. Familiarize yourself with
other community resources, including domestic violence crisis lines, which can support and provide
referrals to victims about their other needs.

Working with Victims of Domestic Violence ◆ Be clear about the legal process and the
◆ Your client’s safety is your top priority. necessary procedures your client will
have to follow. Also be clear when defining
Victims are up to 75% more likely to be
the scope of your representation.
murdered when they flee or have fled.
Expressing concern about your client’s safe- ◆ Make your office environment as welcom-
ty is appropriate and necessary. The client ing as possible. Try to reflect the diversity
may not have had experience or advice in of the clients you serve in the magazines
safety planning. Make sure your client has and materials displayed in your office and
carefully worked through a safety plan and among your office staff.
discuss the safety ramifications of her legal
decisions. Update safety plans with your Sample Interview Questions
client as needed to address changing cir-
cumstances or new concerns. There are two issues to consider prior to an
initial interview with a new client. The first is
◆ Expect a range of emotional responses, how you conduct the interview. What ques-
from anger to guilt to despair to hope that tions should you ask and how should those
things will change. questions be phrased? The second is how to
◆ If issues have been raised during the course prepare for the interview. You must consider
of the client interview and you sense that where interviews should take place, how to
your client is minimizing the danger, there present appropriate, non-judgmental respons-
are four key statements you can make to es, and how to deal with ethical dilemmas.
help clients consider the gravity of their Sample questions for a client interview include:
circumstances: ◆ Everyone argues or fights with their partner
now and then. When you argue or fight at
1. I am concerned for your safety.
home, what happens? Do you ever change
2. I am concerned for the safety of your behavior because you are afraid of the
your children. consequences of a fight?
3. The law provides for legal remedies. ◆ Do you feel your partner treats you well? Is
4. There is community support for there anything at home that makes you feel
you and your children. afraid for yourself or your children?
◆ Maintain contacts with and refer your ◆ Is there anything your partner does that
client to appropriate services, including makes you uncomfortable?
domestic violence counseling, shelters or ◆ Has your partner ever hurt or threatened
other housing programs, medical services, you or your children? Has your partner ever
job training services, TANF/welfare offices, put his hands on you against your will? Has
and crisis lines. Participate in or work to your partner ever forced you to do some-
organize a multi-disciplinary Family thing? Does your partner criticize you or
Violence Council for your community. your children often?
◆ Has your partner ever threatened to take ◆ What is your immigration status? Is your
the children away? partner a legal resident or citizen?
◆ Have your children ever been exposed to ◆ Are you aware of services for victims of
physical contact or to materials such as partner abuse, child abuse, or elder abuse?
books, videos, or magazines that you found
inappropriate or that made you feel uncom- Legal Considerations
fortable?
◆ Never agree to a mutual protection order
◆ Has your partner harmed or threatened to
in an effort to reach a settlement, even if
harm a pet? Destroyed or threatened to
your client is reluctant to force the abuser to
destroy property?
prove his case in court. Mutual protection orders
◆ Has your partner ever tried to keep you can have far-reaching, negative ramifications in
from taking medication that you need? other legal proceedings. For example, if your
◆ How dangerous would you say your partner client is a non-citizen, issuance of a mutual pro-
is? Does your partner have a weapon? Has tection order or any protection order against
he ever used it or threatened to use it your client poses a serious risk of deportation, as
against you or your children? violation of a protection order is a deportable
offense. Issuance of any protection order against
◆ Is your partner over-controlling or impul-
a battered client should be vigorously protested.
sive?
◆ Resist any effort to award the batterer
◆ Does your partner have a history of mental
illness? Of alcoholism or substance abuse? joint or sole custody of the children.

◆ Have you ever called the police about your ◆ Men who batter their partners are likely
partner? Has he ever been arrested? to abuse their children, and children who
grow up in a violent family are more like-
◆ Have criminal charges for domestic vio- ly to abuse others or be victims of abuse.
lence ever been filed against your partner?
◆ Contrary to popular belief, most fathers
◆ Have you ever filed for a restraining or pro- who attempt to gain custody of their chil-
tective order? Did your partner obey it? dren do so successfully.
◆ Have you ever tried to leave? What hap- ◆ Remember that psychologists’ child cus-
pened? tody recommendations frequently ignore
◆ Do you have any evidence of the abuse you domestic violence. In a 1996 survey of
have suffered? Photos? Police reports? psychologists from 39 states, a history of
Medical reports? Torn clothing? Weapons? domestic violence was seen as a relevant
Statements of your family, friends, neigh- criterion in child custody decisions by
bors, or co-workers? just 27.7% of respondents.
◆ What is your financial situation? Does your ◆ Do all that is possible to ensure adequate
partner withhold information about child support and spousal support. A lack
finances? Do you have access to the of financial resources is the number one reason
finances or does he control them? why abuse victims return to the abuser.
◆ Does your spouse or partner make it hard ◆ Strive to have provisions for and a speci-
for you to get or keep a job? fied amount of child support included in
◆ Do you know the type of legal action you the protective order.
would like to take—criminal, divorce, dam- ◆ Encourage a “get tough” approach to non-
age action, agency complaint? payment of child support in your jurisdic-
◆ Where are you staying right now? Are you tion. Batterers often use nonpayment as a
able to return home safely? If not, what cir- means of harassing the victim and forcing
cumstances would ensure your safety? her to return.
◆ If you are unable to return home safely, ◆ If the parties reside together, try to get
where do you plan to live? exclusive use and possession of the home
for the victim.
◆ Ensure safe visitation.
NATIONAL RESOURCES
◆ Where there is evidence of serious
domestic violence, courts should require American Bar Association,
that any visitation with the battering par- Commission on Domestic Violence
ent will be supervised. www.abanet.org/domviol/
◆ Supervised visitation must not be con- Department of Justice,
ducted by any friend or relative of the Violence Against Women Office
batterer, and any associated costs should 202/307-6026 or 202/307-2277 (TTY)
be paid by the battering parent. www.ojp.usdoj.gov/vawo/
◆ Visitation or visitation exchange centers Family Violence Department of the National
can provide a safe and structured envi- Council of Juvenile and Family Court Judges
ronment in which visitation can take 800/52-PEACE (800/527-3223)
place. www.nationalcouncilfvd.org
◆ As a general rule, resist mediation in cases NOW Legal Defense and Education Fund
involving domestic violence.The power imbal- 212/925-6635
ance between victim and offender is typically www.nowldef.org
too great in domestic violence cases, and there
will be little the victim can reveal without fear of National Coalition Against Domestic Violence
retaliation. However, mediation may be the better 303/839-1852
option for a victim depending on a number of www.ncadv.org
factors:
Resource Center on Domestic Violence and Child
◆ Is the mediator trained in domestic vio- Protection and Custody
lence issues? 800/527-3223
◆ Can the victim have an advocate present http://ncjfcj.unr.edu
at all times during the mediation? Battered Women’s Justice Project
◆ After thorough consultation with your 800/903-0111
client, do you believe she would she feel
National Resource Center on Domestic Violence
comfortable in a mediation?
800/537-2238
◆ Are security measures in place where the
mediation would occur? National Domestic Violence Hotline
1-800-799-SAFE or 1-800-787-3224 TTD
◆ Can the victim safely end the mediation if
she needs to?
American Bar Association
◆ Are “shuttle” or “caucus” techniques
available? Division for Public Education
541 North Fairbanks Court
Remember Chicago, IL 60611-3314
Congratulate yourself. You are to be commended
for stepping forward to work with victims of Commission on Domestic Violence
domestic violence. 740 15th Street, NW
Washington, DC 20005-1022
◆ Stay safe.
◆ Help your client stay safe. Publication of this brochure is supported by

◆ Maintain your objectivity. Mary Kay Inc.

“Breaking the Silence: Journeys of Hope” is a co-production

of Tatge/Lasseur Productions, Inc. and Connecticut Public
Broadcasting.
Adapted from a forthcoming article by Sarah Buel and The one-hour program will air on PBS stations nationwide
Representing Victims of Family Violence: Lawyer’s Guide, a beginning October, 2001.
publication of the Colorado Bar Association’s Family
Violence Program. © 2001 American Bar Association, Division for Public Education