2.3.2 Court Protocol

Court hearings pose special risks in domestic violence and stalking cases. On the day of court, a dangerous former partner or stalker knows exactly when and where to find their victim. Lawyers should follow strict safety protocols for themselves and their clients:

• Arrive early to court so that your client is not alone in the courthouse hallway or courtroom with an abusive partner.
• Meet your client inside the courthouse, on the inside of the security checkpoint. Do not stand outside of the courthouse or outside of the security checkpoint with your client either before or after court.
• Your client should be accompanied to the courthouse by someone if possible, and you should try to make arrangements that do not require that your client be in physical proximity to the abusive former partner while waiting for her case to be called.
• In some cases, you may want to introduce your client to a court officer and identify the abusive partner. If the courthouse does not have a safe place for victims, advise your client to stand or sit near a deputy. Never leave your client alone with the abusive former partner. You should sit between the other party and your client during any hearing that requires the parties be in close proximity.
• At the conclusion of your hearing, ask the court to order that the opposing party remain in the courtroom until your client can leave the courthouse. Ask if your client can be escorted by a security officer, if available. Be aware that the abuser’s relatives may also present a risk to your client. Sometimes courts will order that the abusive party leave first, which creates the risk that he will wait outside. Communicate these concerns to the court as necessary.
• Hold depositions in safe settings, e.g., a courthouse with a metal detector. Follow the safety rules for court appearances. If necessary, try to quash depositions that seek your client’s personal attendance in the presence of the abusive party. Use technology, such as Zoom, to conduct remote depositions if safety concerns cannot be overcome.
• The abusive party’s attorney is often inexperienced in domestic violence or family law and may create more safety risks. Be explicit with opposing counsel regarding your expectations relating to safety protocols, e.g., whether his or her client can be present for depositions, settlement negotiations, etc. 

Note on victims of stranger/acquaintance stalking: Keep in mind that victims of stranger or acquaintance stalking may face different or even heightened threats associated with civil court proceedings. In these cases, civil court processes may make the situation more dangerous by increasing opportunities for contact with the victim and by disclosing personal information about victims that can later be used to track or stalk them. In cases like these, carefully consider whether the client’s safety goals might be better addressed through criminal legal proceedings. At the very least, minimize the stalker’s opportunity to engage with the victim by ensuring that clients do not make unnecessary in-person appearances for court, discovery, or other litigation related proceedings.