As attorneys, we frequently encounter clients whose lives have been deeply impacted by domestic violence. Representing victims in divorce proceedings necessitates a clear understanding of the legal, emotional, and practical challenges involved. Here are six essential best practices to guide you in effectively supporting your clients.
1. Understanding the Nature of Domestic Violence
It's crucial to comprehend the complex dynamics of domestic violence. Victims often grapple with fear, shame, and confusion, and they may face anxiety about the legal process and potential repercussions from their abusers. Approaching them with sensitivity and empathy builds trust and fosters open communication. Without this communication, your clients may leave out vital details for their representation.
2. Gathering and Organizing Evidence
Strong evidence is vital for effective representation. Ensuring your client feels comfortable with you sharing these details is a linchpin to obtaining the evidence. Here are four key steps to assist your clients:
- Documenting Abuse: Encourage clients to keep a detailed journal that includes dates, times, descriptions of incidents, and any witnesses. This documentation can be pivotal in illustrating a pattern of abuse.
- Photographic Evidence: Advise clients to take photographs of any visible injuries. This can serve as crucial proof when establishing the facts in court.
- Medical and Police Records: Collect any medical reports, police reports, or restraining orders filed, which can underpin your client’s case.
- Witness Statements: Facilitate the gathering of statements from friends, family, or neighbors who may have witnessed the abuse. These affidavits can bolster your client's claims.
3. Preparing Clients for Testimony
Testifying in court is often intimidating for victims of domestic violence. Emotional preparedness is key:
- Explain the Process: Thoroughly break down what clients can expect during the hearing, including courtroom conduct and potential questioning. Familiarity lessens anxiety.
- Practice Testimony: Role-playing can help clients articulate their experiences in a supportive environment, ultimately increasing their confidence during the actual court appearance.
- Facing the Abuser: Discuss strategies for managing emotions if they must face their abuser in court. Techniques like visualization, grounding, and deep breathing can enhance focus.
- Emotional Support: Reassure clients that experiencing a range of emotions is normal. Encourage them to seek therapy or counseling for additional support during this process.
4. Communicating Legal Options and Safety
Make sure clients understand the full range of legal options, especially concerning their safety. This can include:
- Orders of Protection: Discuss obtaining an order of protection to provide immediate protection and create a legal record of abuse.
- Custody and Support: Guide clients in securing temporary custody arrangements and financial support, especially if children are involved.
- Safety Plans: Work with clients to establish safety plans for leaving an abusive partner and during court appearances. This may involve having a trusted friend, family member, or advocate accompany them. Recognize that the most dangerous time for a victim is when they are leaving.
5. Collaborating with Support Services
Creating a support network can be transformative for your clients. Referring them to local domestic violence shelters, counseling services, and advocacy groups can provide essential emotional and practical support. Organizations that specialize in assisting victims can offer resources that enhance your clients’ chances of success.
6. Prioritizing Mental Health and Well-Being
Recognize that the effects of domestic violence can extend well beyond divorce proceedings. Prioritizing mental health resources is crucial. Encourage clients to consult mental health professionals who specialize in trauma and recovery, as this aids in their healing and equips them with coping strategies that are beneficial throughout the legal process.
As attorneys, we play an essential role in advocating for victims of domestic violence during divorce proceedings. By approaching these cases with empathy, diligence, and thorough preparation, we empower our clients to reclaim their lives and seek the protection they deserve. Beyond legal advocacy, we serve as trusted allies in their pursuit of safety and justice.
Let’s commit to continuing best practices, sharing experiences, and advocating for individuals who often feel voiceless. Together, we can make a meaningful difference in the lives of our clients affected by domestic violence.
This article was published in the December issue of Maricopa Lawyer.
about the author
As Chair of the firm’s Family Law Practice, Melissa Benson leads a team known for delivering compassionate counsel and concierge-style service for their clients’ most personal disputes, including divorce, custody, property division, alimony, modification of orders, prenuptial or postnuptial agreements, and more serious issues, such as orders of protection. The group serves clients across Arizona, helping protect assets, relationships, and reputations with discretion and care.
Melissa's work has earned her recognition from Best Lawyers in America, the National Trial Lawyers (Top 25 National Women Trial Lawyers and Top 30 Matrimonial and Family Trial Lawyers), and in PHOENIX Magazine's Top Lawyers.
Contact Melissa for trusted legal guidance with your family law matter.