When domestic violence victims are turned away by legal services providers, they often have no place else to turn. Lawyers face pressure to diligently assess cases and to err on the side of providing essential advocacy. Legal services attorneys in particular must balance considerations of clients’ needs, the capacity of the firm, and the likelihood of accomplishing meaningful client outcomes. While a victim hospitalized for a broken leg may have compelling safety concerns that need to be addressed, a victim whose injuries are more difficult to prove and whose abuser has never been arrested may be more at risk of losing custody of her children to an abusive former partner. Balancing out competing needs for legal advocacy in the context of limited resources is challenging. It can also sometimes be a real challenge to assess cases without making personal judgments about clients who may seem unlikeable, angry, ungrateful, or uncooperative. Sometimes survivors facing the most complex legal needs do not present the most compelling narrative. And sometimes survivors facing the most danger do not expressly state that they fear the person who has abused them. Many survivors minimize their abuse by using language that inaccurately suggests mutuality of violence between the parties. To complicate matters even more, some victims who truly need legal help sabotage their own cases by not being honest with their attorneys about important negative facts that attorneys need to know about to prepare. Over time, a skilled interviewer will begin to catch these nuances and learn to investigate further so that victims in need of help are not turned away, and they are prepared to address unfavorable facts. The following sections contain tips for assessing a case for representation.

Certain key questions may assist with accurate case evaluation.

1. What is the extent and nature of the abuse?

• Is the violence escalating?
• Is there a pattern of stalking, control, or regulation and monitoring of daily activities?
• Has the violence ever involved strangulation or use of weapons?
• Does the abusive party have access to a gun?
• Does the abusive partner show disregard for legal consequences, such as by violating restraining orders?
• Has the abusive party made death threats?
• Have there been threats of suicide?

2. Is the client particularly vulnerable in the court system?

• Does the client have limited capacity to express herself or articulate her situation because of mental health issues, intellectual disabilities, or the effects of trauma?
• Does the client have limited English proficiency?
• Does the abusive party have an attorney?
• Does the abusive party have significantly more financial assets for litigation than the victim?
• Has the abusive partner initiated litigation against the victim?
• Does the case involve complicated issues that require expert testimony or testimony from medical professionals?
• Was the client wrongfully arrested for domestic violence?
• Does the client have a criminal record that she will be unable to adequately address if representing herself?
• Are there other negative facts that the victim will have difficulty explaining without the assistance of an attorney?

3. Can meaningful legal outcomes be realized for the client?

• If you do prevail, will the outcome improve safety and stability for the victim or her children?

In general, when assessing a case for representation, try not to decline representation based solely on reasons such as these:

• There is no evidence to corroborate the client’s reports of abuse.1
• There are no visible physical injuries.
• The client is unlikeable.
• The client has resisted an abusive partner by engaging in self-defense or in futile retaliatory violence.
• The client has a criminal record.
• The client has substance abuse or mental health issues resulting from the abuse or that may be used to undermine her credibility.
• The client withholds negative facts in early interviewing processes for fear that you will not take the case.
• The client has initiated contact with an abuser after separation or after obtaining a protective order.

• 1It is not at all unusual for victims to have never called the police nor sought medical attention. Similarly, the abusive partner may have destroyed her phone or deleted her cloud to destroy pictures or texts showing the abuse.

Not all domestic violence cases should be addressed through emergency proceedings. Once you have determined that you will assist a victim in addressing her legal needs, it is important to be realistic with clients about what can be accomplished through legal action. In some cases, the complexity of the facts or evidence makes it impossible to competently litigate cases in the time frame demanded by a protective order statute. For example, cases that require expert testimony to address issues relating to victim behavior, children who align with an abuser, or child sex abuse, can be difficult to prepare for in the 21 days or fewer between the filing of a petition for protection from abuse and the hearing. In those cases, lawyers should speak frankly with their clients about immediate safety considerations, long-term litigation goals, and options for different proceedings. Rushing to court for a protective order can do more harm than good if the case cannot be litigated properly and the court makes findings and orders that pre-dispose decisions against your client in the future.1

• 1For discussion on developing a thoughtful, comprehensive case strategy, see Section 2.6.