5.3.1 Safety Considerations

A victim’s housing stability can be critical to her safety and stability while she gains independence from an abusive partner. Housing stability can also be important for future custody litigation. In protective order cases, lawyers should advise clients that they have the option of either requesting exclusive possession of shared residence or requesting that the abusive partner pay costs associated with relocation or alternative housing.

In some cases, even if the court is willing to evict an abuser as part of the protective order relief, some clients do not feel safe returning to live in a previously shared residence. Lawyers should help clients consider safety issues associated with returning to a residence where the abusive former partner can easily find her, break in, or monitor her activities. When clients do not want to return to a previously shared residence, the pleadings should include specific demands that the perpetrator pay costs alternative housing costs such as rent, deposits, moving expenses, and utility transfer costs.