2.3.4 Safety Planning

Making sure that your client has a safety plan, either by helping her create one or by referring her to someone who will, is a fundamental obligation in domestic violence cases. Ideally, your client will have developed a safety plan with a counselor or case worker specialized in working with survivors. But do not just assume that she has one – always ask. If she does not have a safety plan, discuss the need for one with her and refer her to a counselor who can help her develop one. In the meantime, help her plan some essential strategies for safety (discussed below).

When an attorney believes a client faces immediate danger, it can be tempting to recommend that the client immediately go into a “shelter.” However, such a recommendation can be overwhelming for some clients. The practical realities of many survivors who have children and jobs make flight to a “shelter” nearly impossible, even assuming that such resources are even available. Conversations about safety require a much more nuanced assessment of a client’s individualized situation, and lawyers should be collaborative with clients during these discussions to avoid seeming condescending or insensitive to the complexity of their circumstances.

One of the first steps to take with respect to client safety planning is to assess the client’s phone and technology situation and whether it presents risks. If your client or her children’s cell phone accounts are tied to the abusive party’s cell phone account, the abusive party can likely activate GPS location tracking. Also talk to your client about whether the abusive party has access to passwords for email accounts, Facebook accounts, or other social media accounts that can be used to monitor, locate, or impersonate them. Clients should be thoughtful about whether social media posts, including photos, might help an abusive party monitor their activities or locate them.

The American Bar Association Lawyers’ Handbook on Domestic Violence and other guides recommend that you advise your client to:

• ALWAYS keep a protective order on her person and extra copies of her protective order at home, at work, and at any protected child’s school. She may also want to store a photo or copy of the protective order on her cell phone. A photo of the abusive party stored on the cell phone may also help law enforcement or security personnel.1
• Visit her local police station. Meet the officers and ask them to place her protective order on file. Although there is a protective order registry that is accessible by law enforcement, it is updated slowly at times and is not always available.
• Make the home as safe as possible and go to a safe place with the children if necessary.
• Develop an escape route and a safety plan for the family.
• Keep a bag packed and hidden in case flight becomes necessary.
• Keep a copy of all essential documentation, phone numbers, and addresses in a safe location other than home.
• Tell neighbors and co-workers the abuser’s identity.2
• Alter routines and trade cars with a friend or relative.
• Travel to and from work with another person.
• Stay alert and prepared to flee while exiting or entering vehicles.
• Keep their addresses and telephone numbers confidential.
• Screen incoming calls and keep a diary.
• If affordable, get a cell phone to call the police at 911. Most cell phones, even when not activated, can be charged and programmed to call 911.
• Give protective orders to school authorities to prevent the abusive party from picking up the children.
• Refrain from using Facebook and other social media—these can be used to track down your client. However, clients should be told to preserve, not delete social media accounts or profiles. Deleting accounts can sometimes trigger an abusive party who is monitoring the victim on social media to track the victim down in person. Also, the accounts often have evidence associated with them that needs to be retained for future litigation.
• Be specific. When discussing safety issues with your client, prompt the discussion with questions like:
• Where will he know to look for you?
• Does he know he can find you at the children’s school or bus stop?
• Does he know what church service you attend every week?
• Do you need to change the locks on your home?
• Do your children know what to do if he comes to your house?
• Do you have any friends or family who cannot be trusted to keep your address confidential?

Note on address confidentiality: The Louisiana Secretary of State maintains an address confidentiality program for victims of domestic violence, sexual abuse, and stalking. The program is designed to prevent abusers from locating victims using public records and provides a victim with a substitute address in place of their actual address. If you are working with a victim who is relocating, this system works best if she contacts the program before the actual relocation so that no records are made of the new address. To begin the process, visit the Secretary of State’s website.3

• 1Louisiana law requires the clerk of court to file protective orders with the state’s protective order registry. This enables the police in any parish to check the state registry.
• 2Photographs may be helpful. The client should consider notifying her supervisor. Apartment complex security should be notified.
• 3Address Confidentiality Program, La. Sec’y of State.