Lawyers Manual - Unified Court System

Identifying Domestic Violence
Despite ongoing progress in addressing domestic violence issues, an
American Bar Association survey concluded that “most members of the private
bar do not identify those among its clients who are victims of abuse” and that
the judiciary is “largely uninformed about domestic violence. . . .”1 Given these
constraints, any consideration about how to implement tort remedies for battered
women2 must begin with a willingness to undertake this particular kind of
work, which is not always valued or encouraged by the legal community. The
practitioner should be aware that “. . . the atmosphere in family court and within
the family bar can still be hostile to claims of violence when it means risking
the ire of some of their colleagues, perhaps facing hostility from the
bench. . . .”3 Facing these challenges is both daunting and gratifying. It begins,
perhaps not obviously, with an ability to identify those who need your help.
Identifying the Plaintiff
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Domestic Violence and Tort Remedies
by Betty Levinson
Do not assume that a woman who has been abused by an intimate partner
will readily reveal her history. Many abuse victims experience feelings of shame
and personal responsibility for their injuries. Many women justifiably fear
retribution if they take action against their abusers. Many battered women are
apprehensive about seeking relief in court because they are aware of its
limitations in recognizing and compensating psychological injury, which is often
the most long-lasting effect of physical abuse. Thus, a client’s ability to tolerate
reasonably anticipated hostility from adverse counsel, judges, and juries may be
a decisive factor in deciding whether to sue for damages arising from domestic
violence. The initial challenge is to make your client feel safe enough to trust