Working With Victims/Survivors

"The needs for assistance of the victims of family violence range from the most immediate need for safety and shelter to long-range needs for post-trauma counseling and therapy. Not only do victims of different types of family violence have different needs, the same need may have to be met in very different ways depending on the circumstances; and the needs of a single victim may change frequently as the process of resolving the problem goes forward."

U.S. Attorney General’s Task Force on Family Violence, 1984.

To effectively and efficiently handle a case involving domestic violence, a lawyer should be aware of the many facets of the battering experience, including:

·          the definition of battering;

·          the pattern of violence;

·          the psychological and behavioral characteristics of the battering victim, the perpetrator, and the children; and

·          the traditional attitudes of the legal system toward family violence in general and toward this client in particular.

The lawyer may be the first person a victim approaches for help or the most recent in a long list of professionals. In either case, the victim’s reaction to meeting with a lawyer may be one of extreme anxiety, secretiveness, denial, and embarrassment. Or it may be one of feeling as if she/he has the opportunity to vent each and every detail of a long history of violence. Whichever occurs, the trauma and stress with which she/he has been living will probably affect the presentation of her/his story.

She/he may minimize the actual situation, or give a detailed recitation of years of violent episodes, seemingly without emotion. Because her/his self-image may have been diminished, she/he may express guilt and self-blame. It is important for the lawyer to remain neutral and nonjudgmental. The client should be encouraged to fill in details while being reassured that fault is not the issue, because no one deserves to be beaten. (See Sample Client Interview Questions).

During the initial interview and during subsequent interviews, the victim will probably experience uncertainty and may vacillate over decisions. Such fluctuations are typical and may include reconciliation with the abusive partner from time to time, as well as feelings of distance, hostility and, at times, blame towards the attorney. These feelings may be followed by periods of extreme dependence. If the victim returns to the batterer, it can be very frustrating for those who have tried to help. The victim returns to the batterer for a myriad of reasons, including fear, hope and impoverishment. If she/he returns, one effective strategy is to vacate hearings at the client’s request, but not dismiss the action until the reconciliation has been tested for a significant length of time.

Once a victim decides to take legal action, she/he may be impatient for changes to happen. If she/he understands the time frame within which legal proceedings may progress, the possible delays she/he may encounter, the limitations of various legal remedies open to her/him, the traditional biases of the legal system, and her/his own fluctuating emotions, she/he will be better prepared to deal with these frustrations as they arise. She/he may also need help understanding all the ramifications of the legal options available to her/him, such as:

·          What will be expected of her if she/he presses criminal charges?

·          What will she/he need to obtain and enforce a restraining order?

·          What range of issues must be settled with her/his partner before a divorce can be finalized?

In order for her/him to feel comfortable with the choices she/he is being asked to make, the attorney may need to explain specific legal terms and procedures. The attorney may need to encourage the client to ask questions during appointments and to write down any questions or concerns that arise between appointments.

Often a victim will exhibit a sense of helplessness in the face of legal decision making, a helplessness that she/he has learned as a result of her/his history of abuse. This may come across as an inability to make choices and stick with them, or as an extreme dependence on the lawyer and other helping professionals to take on the responsibility for running her/his life. It is important for the lawyer not to assume the role of "rescuer." The lawyer’s role is to create legal options for the client, not to make her decisions for her/him. It is a critical process for the battered client to learn that she/he can and does have control over what happens to her/him.

Many perpetrators completely control the couple’s finances. The victim may be largely unaware of the financial status of the abuser and may have little or no access to money of her/his own. Control of the purse strings is one of the many ways a batterer assures himself/herself that his/her partner will not be able to leave. As a result, the client may not have the money necessary to pursue certain legal options. She/he may need help in finding alternative ways to proceed, including:

·          waiver of court filing fees and service of process through an in forma pauperis order;

·          representation by Legal Aid or a pro bono attorney;

·          legal assistance through a shelter program;

·          pro se representation;

·          court ordered payment of attorney’s fees and costs by the abuser; and

·          selection of legal remedies for which the cost is little or nothing, such as criminal prosecution.

In addition, the client can be encouraged to explore her/his own financial options, such as bank or family loans, public benefits for which she/he may be eligible, or new employment opportunities. If the client has incurred medical expenses as a result of the battering or needs assistance in paying for mental health counseling, an application for funds to assist with these costs can be submitted to the Victim Compensation Board in the local judicial district. The lawyer can also offer the client cost-controlling options, such as having the client do much of the legwork to gather case materials like medical and police reports. This kind of active involvement can give the client a sense of control and competence, which in turn reinforces her/his sense of self-reliance. On the other hand, the client may be immobilized by trauma or fear, have several children and no transportation, or may have to work several jobs. Thus, she/he may be unable to do much legwork.

The battered client, like most clients, may have fears about appearing in court and testifying. The feelings may be even more extreme for the battered client, since not only may she/he lack confidence and have feelings of guilt, but she/he may also fear the confrontation with the abuser that the courtroom experience requires. Her/his concerns may be heightened if she/he does not speak English well or believes she/he has some other "disability."

Careful preparation of the client for testimony is essential. This can take place through role-playing, preparation for direct and cross-examination, a visit to a courtroom while a similar case is being tried, and/or a walk around an empty courtroom. A local shelter program may be able to make arrangements for someone to accompany the client to court for support. When in the courtroom, and especially when testifying, the client should be encouraged not to look at the abuser in order to avoid intimidation. She/he can practice looking at her/his attorney, the judge, or any other designated support person. Arrangements may also be made to have a law enforcement escort for the client, if either intimidation or violence by the abuser is a possibility before, during, or following the court appearance.

During the court appearance, some victims may decide to return to their partners – whether out of fear, loneliness, lack of financial resources, or a belief that things will change. The lawyer’s role is to explain to the client the possible legal consequences of such a choice, not to place further blame and guilt. The lawyer can also assure the client that legal services will be available to her/him again in the future, if she/he desires or needs them.

Also see:

Additional Safety Plans