HOW JUDGES, ATTORNEYS AND OTHER LEGAL PROFESSIONALS CAN RESPOND:

In 2007, over 60,000 911 emergency calls were made for assistance in domestic violence situations in Memphis.

Of those calls, 5,000 were referred for prosecution. These thousands of victims approach the legal system for assistance in formulating a plan to escape their abusive environments.  It is crucial to the health and well-being of our community that the legal system participate in crafting a solution for these victims and in lessening system barriers that block their access to justice and discourage them from escaping the violence.  

1. UNDERSTAND and recognize the various forms of abuse that place victims in dangerous situations. Forms of abuse include emotional, sexual, physical, financial, etc.

2. LISTEN to the victim. Carefully determine who the victim is. Your demeanor demonstrates to the victim that you are concerned about his/her circumstances and underlying events.

3. IDENTIFY the abuse. Often in attempts to explain the victimization, victims will deny, rationalize and minimize the behavior of the abuser. The first step in your role of ending the violence is to identify it as such. The court should take advantage of all resources available to provide safety for the victim.

4. PROVIDE a courtroom atmosphere free of intimidation. A judge can use his or her authority to instruct sheriff’s officers not to permit interaction between litigants or their families during court recess. Years of prior exposure to intimidation by the abuser can lead a victim to perceive such interaction as confirmation that the abuser is immune to the court’s authority. 

5. EXPLAIN all the options available to victims. Abuse victims are often on an emotional roller coaster. Comprehending all the
   available options becomes difficult. A judge or an attorney must take the time to explain the available options and ask enough
   questions to ensure that the victim understands those options.

6. BUILD TRUST with the victim. At every opportunity presented, the attorney or judge must instill a sense of trust of the system in
   the victim. In order for any domestic violence intervention to be successful, the victim must trust the court and the judicial system to
   provide safety and to hold the batterer accountable for his/her actions. Victims will not access systems in which they have no confidence.

7. EDUCATE yourself and your staff on the dynamics of domestic violence.  Understand why a victim would stay in an abusive
   environment and what the cycle of violence is. Know where to tell a victim of abuse to go for help.    

8. SCREEN your clients for domestic violence. Given the prevalence of domestic violence in our community, it is likely that some
   of your clients are in, or have been in, violent relationships that will impact the legal advice that you give them. To ensure you are
   ethically representing your client and to avoid malpractice, it is critical that you learn if she is a survivor and consider how this
   information affects your representation.  Also, if their safety is at risk while you are representing them, your safety may be at risk as well.

9. DEVELOP a safety plan with your client.  In domestic violence situations, safety planning is crucial. Seeking legal advice is a step to independence for victims.  This threatens an abuser’s sense of power and control and could lead to increased violence to your client. To learn more about how to develop a client safety plan, contact the Memphis YWCA at 725-4277 or Shelby County Crime Victim Center at 545-4357 or go to erasedomesticcrime.com for guidelines.

    

    

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