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What Attorneys Should Know To Work More Successfully with Domestic Violence Victims

Women in all walks of life - the homemaker or the career woman- can be victims of Domestic Violence. Domestic Violence cuts across all economic boundaries, and regardless of who she is, she may be a Victim at the hands of her abusive husband, boyfriend, or partner. Visual observation may not even remotely reveal the trauma, degradation, humiliation, and emotional scars created by the abusive partner.

One-fourth of all relationships include violence, which almost always involves a man beating the woman. The Victim is not the cause of someone else's violent behavior. The Victim has the right to expect and demand help and respect.

Domestic Violence is not a family matter or a private quarrel. It is against the law for a husband or partner to beat his mate. Once a violent act takes place in a relationship, the violence almost always recurs. In fact, it tends to get more severe and more frequent as times goes on. This happens even when the abuser apologizes and promises to change after a violent incident.

Often times, Domestic Violence Victims need legal representation in obtaining an Order of Protection, handling child custody and visitation issues, and settling property disputes.

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Here is some helpful information for What Attorneys Should Know to Work More Successfully with Domestic Violence Victims:

Screening Guidelines / Screening Checklist

Gathering Evidence for the Case / Evidence Checklist

Safety Plan for the Victim / Safety Checklist

Why A Victim Stays in an Abusive Relationship

Lethality of Domestic Violence

What is Domestic Violence?

Types of Violence

Cycle of Violence

Characteristics of a Battered Woman

Characteristics of Batterers

Screening Guidelines / Screening Checklist

The following article, Screening Guidelines by Roberta L. Valente, published in The Impact of Domestic Violence on Your Legal Practice: A Lawyer's Handbook, 1996, American Bar Association, has been "reproduced by permission. Copyright © 1996 American Bar Association. All rights reserved. This information or any portion thereof may not be copied or disseminated in any form or by any means or downloaded or stored in an electronic database or retrieval system without the express written consent of the American Bar Association." Emphasis added.

Screening Guidelines

Roberta L. Valente, Esq.

Recognizing which of your clients are victims of domestic violence and which are batterers can be crucial to your effectiveness and success as a lawyer, regardless of the nature of your law practice. Given the prevalence of domestic violence in our society, most lawyers can expect at some point in their careers to work with clients who either perpetrate or experience domestic violence. Regular screening protocols to identify domestic violence issues are therefore essential.

Unless you introduce yourself as a domestic violence legal specialist, very few of your clients will identify themselves as abusers or victims. They may remain silent about the issue even if they need legal help because of the havoc that domestic violence has created in their financial, workplace and family lives. Clients who are victims may be silent about the abuse because of embarrassment or shame, or for fear that their batterers will find out about the disclosure and retaliate. Clients who are abusers are likely to minimize their actions or blame the victims for provoking the violence. Other clients, whether victims or abusers, may characterize their experiences as family quarrels that "got out of control," or as normative behavior in the family context.

Ask direct questions about domestic violence in the home; however, do not force clients to disclose information. Compelling victims or abusers to admit that domestic violence is occurring when they are not ready to take further steps may escalate the danger. By conducting appropriate screening for all of your clients, you inform them that the door is open for further discussion and help. If your clients reveal domestic violence problems, consider whether you wish to take the case or refer them to professionals who specialize in domestic violence cases. Whether or not you accept the cases, conduct safety planning with the clients before they leave your office.

Screening Questions

Domestic violence is neither rare nor confined to "certain groups." Because it is so difficult to predict who is likely to be a batterer and who is likely to be a victim of domestic violence, screen all of your clients. If the responses indicate that domestic violence exists, conduct a full interview and safety planning. Introduce the subject by using the following screening questions:

To represent clients effectively, I need to know about all of the issues which impact their cases. For this reason, I routinely ask the following questions.

Everyone argues or fights with their partner or spouse now and then. When you argue or fight at home, what happens? Do you ever change your behavior because you are afraid of the consequences of a fight?
Do you feel that your partner or spouse treats you well? Is there anything that goes on at home that makes you feel afraid?
Has your partner or spouse ever hurt or threatened you or your children? Has your partner or spouse ever put their hands on you against your will? Has your partner or spouse ever forced you to do something you did not want to do? Does your partner or spouse criticize you or your children often?
Has your partner or spouse ever tried to keep you from taking medication you needed or from seeking medical help? Does your partner refuse to let you sleep at night?
Has your partner or spouse ever hurt your pets or destroyed your clothing, objects in your home, or something which you especially cared about? Does your partner or spouse throw or break objects in the home or damage the home itself during arguments?
Does your partner or spouse act jealously, for example, always calling you at work or home to check up on you? Is it hard for you to maintain relationships with your friends, relatives, neighbors, or co-workers because your partner or spouse disapproves of, argues with, or criticizes them? Does your partner or spouse accuse you unjustly of flirting with others or having affairs? Has your partner or spouse ever tried to keep you from leaving the house?
Does your spouse or partner make it hard for you to find or keep a job or go to school?
Every family has their own way of handling finances. Does your partner or spouse withhold money from you when you need it? Do you know what your family's assets are? Do you know where important documents like bank books, check books, financial statements, birth certificates, and passports for you and members of your family are kept? If you wanted to see or use any of them, would you partner or spouse make it difficult for you to do so? Does your spouse or partner sometimes spend large sums of money and refuse to tell you why or what the money was spent on?
Has your spouse or partner ever forced you to have sex or make you do things during sex that make you feel uncomfortable? Does your partner demand sex when you are sick, tired, or sleeping?
Has your spouse or partner ever used or threatened to use a weapon against you? Are there guns in your home?
Does your spouse or partner abuse drugs or alcohol? What happens?

Avoid Harmful Assumptions

There are no typical characteristics or profiles of abusers or victims. Abusers may appear to be very charming in an interview or at a court hearing or they may seem like explosive or angry individuals. Equally, victims may seem extremely frightened or passive or may be quite angry about what is happening. Rather than determining whether your client fits a "type," determine whether your client's relationship with an intimate partner contains the warning signs of abuse.

Don't assume that your clients automatically will volunteer information about their domestic violence experiences, even if they have shared information with you in the past. Screen for domestic violence at periodic intervals to be sure that you are aware of your client's status, particularly where family safety is concerned.

If your client declines to discuss domestic violence issues, do not assume that your responsibility is at an end. Consider whether or not your client's silence may be due to cultural, race or gender issues which make it difficult to talk about such personal experiences. If you suspect your client is a victim of domestic violence, tell your client:

You are concerned about your client's safety.
You are ready to talk about your client's domestic violence experiences whenever your client feels comfortable doing so.
Domestic violence can harm your client's children.
Domestic violence is a crime, and you can help your client or make referrals for the related legal issues.
You are willing to assist your client in finding the non-legal service referrals needed.

If your client self-identifies as a batterer, but refuses to discuss any of the legal issues, remind your client that domestic violence is a crime.

Basic Warning Signs

Batterers operate by using dominating, intimidating, terrifying, rule-making, stalking, harassing, and injurious behaviors to control and manipulate the actions and responses of their partners and sometimes their children.
The most obvious signs of domestic violence will be evidence of severe, recurring or life-threatening abuse, for example, repeated bruises, broken bones, physical attacks, or threats with weapons.
Domestic violence is not just severe physical violence. It includes slaps, pushes, shoves, threats, emotional and financial abuse, false imprisonment, and any other behavior batterers use to control and coerce victims. If one partner or spouse frequently requires the other to ask permission to do things, domestic violence may be indicated.
Emotional abuse can indicate domestic violence. Where one partner continuously degrades or belittles the other, or accuses the victimized partner of being stupid, unattractive, a bad parent, unfaithful, or any other similar fault, screening for domestic violence is warranted.
Many batterers use the legal system to punish their partners for taking steps to free themselves from domestic violence. Extremely litigious behavior, which follows a victim's attempt to separate from the batterer, may be a sign of domestic violence.
Batterers use issues arising in custody and visitation cases to try to re-establish control over their victims. For example, a batterer may fail to show up for scheduled visitation on time in order to harass the victim or create a reason for further contact.
Batterers frequently display extreme jealousy. This behavior is another manifestation of the batterer's attempt to control the victim's behavior. The following controlling actions may signal that domestic violence is at issue in your case:

Batterers often discourage their victims from seeking legal counsel. Clients who have difficulty making or keeping appointments may be trying to avoid letting their abusers know that they are seeking legal help.
Batterers frequently insist on accompanying victims to appointments, even if they have no involvement in the case. During office visits or phone calls, a batterer may try to speak for your client, in order to control the information your client shares with you. As part of the screening process, meet with your client alone so that you can conduct a confidential interview and safety planning, if necessary.
Batterers harass, stalk, and keep tabs on their victims. If clients report constant phone calls at work or home to keep track of their whereabouts, consider whether other warning signs of domestic violence are present.
Batterers try to isolate their victims from emotional support systems or sources of help. Be sensitive to clients who report that their partners do not allow them to see relatives, friends, or neighbors. Also, be alert for clients who report that their partners are excessively jealous of persons they see outside of the home and make statements such as "if I can't have you, nobody can."
Batterers also isolate their victims by sabotaging their ability to get and keep jobs. Clients who keep changing or losing jobs or "cannot" work because of their partners' disapproval or actions may be suffering from domestic violence.

Screening Checklist

To view the following Screening Checklist, you need to have Adobe Acrobat® Reader installed on your computer.If you already have Adobe Acrobat® Reader, simply click on the link for the Checklist and it will open automatically. If you do not already have Adobe Acrobat® Reader installed, click on the Get Acrobat® Reader button for instructions on how to download a free copy.

Screening Checklist

Lethality of Domestic Violence

Without effective early intervention, domestic violence can escalate in severity and lead to death. When domestic violence results in homicide, it is often a reflection of the community's failure to recognize the severity and potential lethality of the problem, and to address its critical role in early intervention.

When Battered Women Are Killed
When battered women are killed by their abusers, it frequently occurs after they have been separated from them or taken other action to end the relationship. Since society continues to question why women remain in abusive relationships, it is essential to consider how dangerous and difficult it often is for battered women to leave abusive partners. Many women stay because of a reasonable fear that they will suffer severe injury or death if they attempt to end the relationship.

Unfortunately, when batterers murder their partners, these tragedies are usually portrayed as unintentional "crimes of passion" caused by the man's intense love for the woman and inability to live without her. Murder is, however, the ultimate expression of the batterer's need to control the woman's behavior.

Battered Women Who Kill
Research shows that when women kill, it is much more likely to be in self-defense than when men perpetrate homicide. Battered women who resort to homicide have often tried repeatedly and unsuccessfully to obtain protection from their abusers. If the community fails to help ensure battered women's safety through law enforcement and other systems, it runs the risk that lives will be lost.

Studies have found that many women have killed their abusers to protect their children from physical or sexual abuse. In reality, only a very small percent of battered women kill their abusers to end the violence. Most suffer in silence or are able to leave the relationship. Several studies have attempted to learn why a small percent of battered women resort to homicide. These studies have found that battered women who kill in self-defense:

suffer frequent and severe abuse;
are victims of often brutal sexual assault;
are frequently threatened with death, especially if they attempt to leave;
are caught and beaten if they leave the abuser;
suffer severe psycho logical abuse, such as being beaten in front of others or being forced to watch the batterer kill a pet; and
are socially isolated and often imprisoned in their homes.

A California state prison study found that 93% of the women who had killed their mates had been battered by them; 67% of these women indicated the homicide resulted from an attempt to protect themselves or their children. (Fact Sheets)

What is Domestic Violence?

According to the Illinois Domestic Violence Act, Domestic Violence is defined as physical abuse, harassment, intimidation of a dependent, interference with personal liberty, or willful deprivation.

Physical abuse includes sexual abuse; knowing or reckless use of physical force, confinement or restraint; knowing, repeated and unnecessary sleep deprivation; or knowing or reckless conduct which creates an immediate risk of physical harm.

Harassment means knowing conduct which is not necessary to accomplish a purpose that is reasonable under the circumstances; would cause a reasonable person emotional distress; and does cause emotional distress to the victim. Emotional stress includes creating a disturbance at the victim's place of employment or school; repeatedly telephoning the victim at her place of employment; repeatedly following the victim about in a public place; repeatedly keeping the victim under surveillance by remaining present outside her home, school, place of employment, vehicle or other place, or by peering into the victim's windows; improperly concealing a minor child from the victim; repeatedly threatening to kidnap the minor; and threatening physical force, confinement or restraint on one or more occasions.

Intimidation of a dependent means subjecting a person who is dependent because of age, health, or disability to participation in or the witnessing of physical force against another or physical confinement or restraint of another which constitutes physical abuse.

Willful deprivation means willfully denying a person who because of age, health or disability requires medication, medical care, shelter, accessible shelter or services, food, therapeutic device, or other physical assistance, and thereby exposing that person to the risk of physical, mental or emotional harm, except with regard to medical care or treatment when the dependent person has expressed an intent to forgo such medical care or treatment. This paragraph does not create any new affirmative duty to provide support to dependent persons.

Domestic Violence occurs when one intimate partner uses physical violence, coercion, threats, intimidation, isolation, and/or emotional, sexual and economic abuse to maintain power and control over the other intimate partner. The batterer often uses the children to manipulate the victim. The batterer may attempt to minimize his behavior by trying to shift the blame to the victim by saying the victim provoked him.

There is no one physical act which fully defines or describes Domestic Violence. In one situation, a batterer may exert control by regularly beating his partner. In another situation, the batterer may merely look at his partner in a certain way to establish the same sense of power and control.

Types of Violence

Domestic Violence includes many forms of abuse such as:

Physical Abuse: Pushing, punching, choking, burning, shooting, dragging, restraining, locking victim in the house, throwing victim down stairs, kicking, poking, slapping, cutting, tripping, raping, pulling hair, squeezing, suffocating, kidnapping, etc.

Verbal Abuse: Name calling, yelling, making demeaning comments, nagging, cussing, threatening, belittling, constant phone calls, actively undermining her authority with the children, telling her that she is a bad parent, telling her she can't control her kids, humiliating her in public.

Sexual Abuse: Making degrading sexual comments, forcing sex, assaulting breasts or genitals, forcing her to have sex with a third person, criticizing her appearance, bragging about infidelity, forced cohabitation.

Emotional Abuse: Making threats of violence, forcing her to do degrading things, controlling her activities, frightening her, using the children as leverage against her, killing a family pet, embarrassing her.

Financial Abuse: Destroying property and/or prized possessions, taking her money, denying her money, restricting access to household finances, withholding medical treatment, not allowing her to work or attend school.

Neglect: Omitting or failing to do what a reasonable person should do under the circumstances including failure to provide food, shelter, clothing, and personal hygiene to a dependent person who needs such assistance; failure to take care of the needs of the dependent person; and the failure to protect the dependent person from health and safety hazards.

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