Lawyers who take a trauma-informed approach to family law help ease the stress on victim-survivors. RMB Family Law practitioner EDEN-MONIQUE HULL explains:
Domestic and family violence is one of Australia’s most important societal and public health issues.
Due to the prevalence of domestic and family violence and its wide variety of forms, a person who experienced domestic and family violence during the course of their relationship often experiences secondary victimisation post-separation when undertaking family law proceedings.
They generally have no choice but to engage in these proceedings if they wish to maintain the family home or care of their children.
In recent decades, the family law system has taken a number of steps to try to reduce secondary victimisation of victim-survivors, including:
1. Banning parties from being able to personally cross examine one another when there are charges, convictions, orders or allegations of family violence;
2. Introducing unmeritorious, harmful and vexatious proceedings decrees and orders;
3. Introducing the Lighthouse Model and risk-screening processes; and
4. Permitting court appearances via electronic means instead of requiring in person appearances.
Despite these steps, it is regularly reported that victim-survivors are still experiencing secondary victimisation in family law proceedings. Therefore, it is important for legal practitioners to adopt a ‘trauma informed’ approach to practice. Trauma informed lawyers:
1. Know how to undertake risk screening and encourage victim-survivors to disclose in a safe and supported environment the violence they experienced;
2. Take an empathetic approach to practice and understand victim-survivors’ experiences so as not to dismiss their feelings;
3. Know how to identify coercive control tactics to ensure they are not used by the perpetrator in the court room setting;
4. Understand the complexities of family violence and the wide variety of forms it takes;
5. Have a good knowledge and understanding of courtroom processes so they can work with the courts, social workers and support workers to try and reduce harm, as opposed to unknowingly continuing the harm themselves.
Therefore, if you experienced family and domestic violence during your relationship, it is important to choose a solicitor who has a strong understanding of the complexities of family violence to ensure that they can help you navigate family law processes and proceedings whilst minimising further harm to you.
