Domestic Violence Victims Must Have Access to Lawyers

October is Domestic Violence Awareness Month, and it provides lawyers a renewed opportunity to become knowledgeable about how best to help victims of domestic violence, sexual assault and stalking.

Although these crimes can and do occur independently, they may also occur together, committed by the same perpetrator against the same victim.  A sexual assault victim may have been stalked prior to the assault; a domestic violence victim may experience rape in addition to physical and psychological abuse.

While there are no perfect solutions to these forms of violence, one thing that can make a critical difference in helping victims to become safe is legal representation.  Securing a civil protection order is often the first step that a victim takes in seeking safety from the perpetrator of the violence; however, the vast majority of victims seek a protection order without a lawyer.  Victims of domestic violence must have access to lawyers.  Pro bono representation and legal services are key tools to see that this access in ensured.  But lawyers also must have the tools to help victims.

Lawyers can’t effectively represent their clients if they don’t fully understand the basics of civil protection order law, the remedies that are available in a protection order or the procedures to follow.

In August, the American Bar Association House of Delegates adopted standards of practice that offer guidance for lawyers who are providing representation in civil protection order cases.

In addition to the economic, physical and psychological factors that may be part of domestic violence, lawyers should be aware of many other considerations when handling a civil protection order case.  How does one find an interpreter for the client?  What are the cultural implications that are impacting the client and how she is dealing with abuse?  What impact does the age of the victim play in the abuse and the kind of civil protection order that can be filed?

The standards, available via the ABA Commission on Domestic Violence Web site address these issues.  They are the result of work by the commission and several other governmental and non-governmental entities.

We as lawyers have the ethical responsibility to ensure that we have the knowledge to competently represent our clients and help them become safe.