Working with Perpetrators

There are a number of instances in which attorneys will encounter clients who have been violent to their partners. Domestic relations attorneys will meet these clients in the course of helping with divorce, custody, visitation, child support, and establishing parentage. General attorneys may find that domestic violence is a factor in bankruptcy, credit problems, and even financial planning, when the violent spouse is using the law to hide or control assets. Domestic violence can be involved in personal injury cases, and of course, defense attorneys will deal with perpetrators of intimate violence when perpetrators come to the attention of the criminal justice system.

The client who has been violent toward his/her partner may present himself/herself in a number of ways.

·          depressed and abject;

·          stunned by what he/she has done and terrified that he/she will lose his/her family and/or good reputation;

·          outraged at the interference of the police in his/her private affairs;

·          puzzled and insistent that the police made a dreadful mistake;

·          acknowledge the violence and blame alcohol/drug abuse, fatigue, or stress at work; or

·          quietly furious and deny that any violence took place in the relationship.

Whether the attorney is defending the client or helping him/her with a civil matter, the client’s use of violence is a red flag that alerts the attorney to take special care for the client’s safety, the victim’s safety, and the attorney’s safety, as well.

A client who is in crisis or is depressed may need the help of a counselor knowledgeable about domestic violence. The perpetrator whose family has fled from his/her violence or who is faced with losing custody or visitation rights may be intermittently homicidal or suicidal, and a counselor familiar with these issues may be able to help prevent him/her from hurting himself/herself and others. (see Violence Risk Analysis)

In spite of the client’s appearance of success, the lives of many perpetrators of domestic violence are or have been very chaotic. Gentle but persistent probing may reveal a history of irregular employment, repeated legal problems, previous encounters with the law, broken relationships, debt, and/or a childhood in which primary caregivers were absent or undependable. This troubled history is likely to affect present dealings with the client. For example:

·          The present attorney may be the latest in a series of attorneys the client has discharged when he/she became dissatisfied with the outcome of litigation.

·          The client’s need to control may mean that he/she comes with long lists of items for the attorney to address and wants to clear every move the attorney makes.

·          After a period of time it may become obvious that the client wants to use the attorney as an instrument of vengeance against his/her partner, urging the filing of frequent motions or disputing every point.

·          The client may want to use legal means of tracking his/her partner. He/she may use the law to monitor her/his every move, raising frequent custody or parenting issues requiring her/his response and demanding that she/he reveal her/his schedule or future plans.

·          The client may try to use legal separation as a means to control his/her spouse’s finances or may try to use the attorney to get his/her partner back.

The attorney will need to stress to the client the importance of obeying laws and judicial orders. Many perpetrators of domestic violence believe they are entitled to do whatever they please with their partner and/or family. In spite of the fact that the attorney has explained the restrictions imposed by restraining orders or visitation schedules, a lawyer may discover that the client has called, visited his/her partner at work, sent FAXes, or contacted the children in express violation of court orders.

The attorney who works with a client who has perpetrated domestic violence faces several ethical challenges.

·          Maintaining the balance between representing the client fairly and protecting society. The attorney may have to deal with a client who perjures himself/herself, who threatens harm to another or who is engaged in criminal activity, such as stalking or harassment.

·          Maintaining the boundary between representing the client and being used as a tool to fulfill the client’s agenda of controlling the victim. Understanding the motives and beliefs common to perpetrators of intimate violence will help the attorney make sound judgments.

In working with clients who have been violent to partners, the attorney may need to cooperate with therapists, providers of court-ordered treatment, custody evaluators and probation officers. Close cooperation is necessary to protect client and victim safety.

Also see:
Certified Perpetrator Treatment Providers