12.1.2 Key Questions

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?