Certain key questions may assist with accurate case evaluation.
- 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?
- 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?
- 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?