12.1.4 Assessing Need for Emergency Relief

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.