Incorporating Domestic Violence Legal Issues into Law School Curricula

Domestic Violence Legal Issues Should be Incorporated Throughout Law School Curricula

Domestic violence legal issues should be incorporated into law school curricula as a core component of legal education. It may be easy to understand the benefits of raising these issues in clinical programs, which train students to represent or assist victims in the community. A more subtle need, however, is to alert lawyers to the ways in which domestic violence issues crop up in seemingly unrelated fields of law. Lawyers who practice any kind of family, criminal, tort, financial (including wills, trusts and estates, and tax law) or poverty law are likely to have cases complicated by domestic violence. Understanding how to spot domestic violence issues will assist lawyers to represent clients properly. Therefore, these issues must be raised not only in specialized clinics, but also throughout the curricula.

Domestic Violence Legal Issues Should Be Raised in Core Curriculum Courses

Historically, domestic violence issues have not been raised in law school courses or addressed in mainstream legal journals. Traditional law school textbooks do not include domestic violence issues, and many law school professors do not incorporate domestic violence issues into their courses. Failure to address these issues penalizes all students. Regardless of the professional track a student chooses, it is likely that he or she will be faced with legal problems related to domestic violence as a practicing attorney. Since all students will benefit from an understanding of domestic violence issues, it is necessary to incorporate these issues into core curriculum courses.

For example, the following issues could be raised (see infra, p. 36, for details):

Civil Procedure - serving ex parte protection orders
Contracts - signing a contract under duress due to abuse
Property - dissolution of marital property
Torts - filing a civil suit based on domestic violence
Constitutional Law - due process in domestic abuse cases
Criminal Law - misdemeanor violations of protection orders

The following sections identify issues that should be raised in core curriculum courses in order to provide all lawyers with the basic knowledge they need to respond effectively when domestic violence issues surface in their practice of law. Core courses may begin by defining domestic violence generally. Professors should discuss the legal implications in their area of law after students have learned about the underlying dynamics of domestic violence.

What Is Domestic Violence?

Domestic violence is a pattern of behavior that one intimate partner or spouse exerts over another as a means of control. Domestic violence may include physical violence, coercion, threats, intimidation, isolation, and emotional, sexual or economic abuse.⁽⁴⁰⁾ Frequently, perpetrators use the children to manipulate victims: by harming or abducting the children; by threatening to harm or abduct the children; by forcing the children to participate in abuse of the victim; by using visitation as an occasion to harass or monitor victims; or by fighting protracted custody battles⁽⁴¹⁾ to punish victims. Perpetrators often invent complex rules about what victims or the children can or cannot do, and force victims to abide by these frequently changing rules.

Domestic violence is not defined solely by specific physical acts, but by a combination of psychological, social and familial factors.⁽⁴²⁾ In some families, perpetrators of domestic violence may routinely beat their spouses until they require medical attention. In other families, the physical violence may have occurred in the past; perpetrators may currently exert power and control over their partners simply by looking at them a certain way or reminding them of prior episodes. In still other families, the violence may be sporadic, but may have the effect of controlling the abused partner. Dr. Mary Ann Dutton, a leading clinical psychologist, defines domestic violence as a pattern of interaction in which one intimate partner is forced to change his or her behavior in response to the threats or abuse of the other partner.⁽⁴³⁾

To practice law effectively, students must be educated about the sociological and psychological aspects of domestic violence, as well as its legal ramifications. Without an understanding of the power and control dynamic exercised by perpetrators,⁽⁴⁴⁾ lawyers will not be able to comprehend legal developments. For instance, lawyers may not understand why they are unable to settle a case involving a relatively minor property issue; identifying a history of domestic violence between the parties, however, may clarify that the perpetrator's desire to dominate the victim is the real issue. Family and criminal lawyers must understand that power and control issues are central in domestic violence cases. Only then will they be prepared to advocate for safe legal solutions aimed at ending the violence.

Who are the Victims and Perpetrators of Domestic Violence?

Maintaining stereotypes about victims and batterers can affect a lawyer's legal strategies, a judge's court rulings, or a jury's verdict. Therefore, law students should be informed that domestic violence crosses ethnic, racial, age, national origin, religious and socioeconomic lines, and that same-sex battering occurs at approximately the same rate as opposite sex battering.⁽⁴⁵⁾ Studies have also shown that the only common traits between victims are that they are being abused by their intimate partners or spouses and that the majority of heterosexual victims are female.⁽⁴⁶⁾ Victims may be doctors, business professionals, scientists, or judges, among others. Perpetrators may be police officers, sports heroes, CEOs, or college professors. They may also be lawyers. Unlike victims, perpetrators do have at least one common trait -- the majority of perpetrators witnessed domestic violence in their families of origin and are male.⁽⁴⁷⁾

Law students should also be aware that they cannot identify victims or perpetrators by looking for a certain profile. Abusers may appear charming and articulate in court or they may be seething with rage; similarly, victims are just as likely to seem angry or aggressive as frightened or passive.⁽⁴⁸⁾ Lawyers must screen for patterns of behavior, rather than assuming that a client is the type of person that is a victim or a batterer. When lawyers identify domestic violence issues in their cases, they must then respond appropriately.

Common Facts About Domestic Violence

Lawyers have a duty to confront and challenge misperceptions about domestic violence because such stereotypes may affect the relief that they can obtain on behalf of clients. At a minimum, law students should be educated about the following myths and realities:

Myth:

Victims of domestic violence like to be beaten.

Fact:

Victims of domestic violence have historically been characterized as masochistic women who enjoy being beaten. Evidence does not support this anachronistic psychological theory. Rather, victims of domestic violence desperately want the abuse to end, and engage in various survival strategies, including calling the police or seeking help from family members, to protect themselves and their children.⁽⁴⁹⁾ Silence may also be a survival strategy in some cases. Moreover, enduring a beating to keep the batterer from attacking the children may be a coping strategy used by a victim, but does not mean that the victim enjoys it.

Myth:

Victims of domestic violence have psychological disorders.

Fact:

This characterization of battered women as mentally ill stems from the assumption that victims of domestic violence must be sick or they would not "take" the abuse. More recent theories demonstrate that battered women resist abuse in a variety of ways.⁽⁵⁰⁾ In addition, most victims of domestic violence are not mentally ill, although individuals with mental disabilities are certainly not immune from being abused by their spouses or intimate partners. Some victims of domestic violence suffer psychological effects, such as post-traumatic stress disorder or depression, as a result of being abused.⁽⁵¹⁾

Myth:

Low self-esteem causes victims to get involved in abusive relationships.

Fact:

Traditional theories presumed that individuals with adequate self-esteem would not "allow" themselves to be abused by intimate partners or spouses. In fact, studies have demonstrated that victims of domestic violence fail to share common characteristics other than being female.⁽⁵²⁾ There is little support for the theory that low self-esteem causes victims to become involved in abusive relationships, however, some victims may experience a decrease in self-esteem as a result of being abused, since perpetrators frequently degrade, humiliate, and criticize victims.

Myth:

Victims of domestic violence never leave their abusers, or if they do, they just get involved in other abusive relationships.

Fact:

Most victims of domestic violence leave their abusers, often several times. It may take a number of attempts to permanently separate because abusers use violence, financial control, or threats about the children, to compel victims to return. Additionally, a lack of support from friends, family members, or professionals, such as court personnel, law enforcement officers, counselors, or clergy members, may cause victims to return. Since the risk of further violence often increases after victims separate from their abusers, it can be even harder for victims to leave if they cannot obtain effective legal relief. Victims who receive appropriate legal assistance at an early stage increase their chances of obtaining the protection and financial security they need to leave their abusers permanently. While some victims may become involved with other partners who later begin to abuse them, there is no evidence that the majority of victims have this experience.

Myth:

Batterers abuse their partners or spouses because of alcohol or drug abuse.

Fact:

Alcohol or substance abuse does not cause perpetrators of domestic violence to abuse their partners, though it is frequently used as an excuse. Substance abuse may increase the frequency or severity of violent episodes in some cases.⁽⁵³⁾ Because substance abuse does not cause domestic violence, requiring batterers to attend only substance abuse treatment programs will not effectively end the violence. Such programs may be useful in conjunction with other programs, such as batterer intervention programs.

Myth:

Perpetrators of domestic violence abuse their partners or spouses because they are under a lot of stress or unemployed.

Fact:

Stress or unemployment does not cause batterers to abuse their partners. Since domestic violence cuts across socioeconomic lines, domestic abuse cannot be attributed to unemployment or poverty. Similarly, advocates note that if stress caused domestic violence, batterers would assault their bosses or co-workers rather than their intimate partners. Domestic violence flourishes because society condones spouse or partner abuse, and because perpetrators learn that they can achieve what they want through the use of force, without facing serious consequences.

Myth:

Law enforcement and judicial responses, such as arresting batterers or issuing civil protection orders, are useless.

Fact:

There is a great deal of debate about the efficacy of particular actions by law enforcement or the judiciary. Research on the usefulness of mandatory arrest or civil protection orders has yielded conflicting results.⁽⁵⁴⁾ Most experts agree, however, that actions by one piece of the system are only effective when the rest of the criminal justice and civil systems are functioning,⁽⁵⁵⁾ and that improved protocols can decrease domestic violence related homicides.⁽⁵⁶⁾ Thus, law enforcement officers must make arrests, prosecutors must prosecute domestic violence cases, and courts must enforce orders and impose sanctions for criminal convictions. It is important for batterers to receive the message from the community that domestic violence will not be tolerated, and that the criminal justice and law enforcement systems will be involved until the violence ceases.

Myth:

Children are not affected when one parent abuses the other.

Fact:

Studies show that in 50-70% of cases in which a parent abuses another parent, the children are also physically abused.⁽⁵⁷⁾ Children also suffer emotional, cognitive, behavioral, and developmental impairments as a result of witnessing domestic violence in the home.⁽⁵⁸⁾ In addition, some children (especially boys) who experience domestic violence in their homes grow up to repeat the same behavioral patterns.⁽⁵⁹⁾

For example, an advocate at a shelter in North Florida reported that one abuser threatened to come to the shelter and kill the victim and anyone who stood in his way. The abuser revealed that he knew where the shelter was because he stayed there as a child when his mother ran away from his father.⁽⁶⁰⁾

Myth:

Domestic violence is irrelevant to parental fitness.

Fact:

Because children often suffer physical and emotional harm from living in violent homes, domestic violence is extremely relevant to parental fitness.⁽⁶¹⁾ A history of domestic violence can indicate that the perpetrating parent physically or emotionally abuses the child as well as the other parent. In addition, abusers frequently use the children as pawns to continue to control the other parent. Further, an abuser's focus on controlling the victim undermines the abuser's ability to parent because the primary concern is not the child. Courts should consider the effects of the abuser's behavior on the children when determining custody and visitation arrangements.

Some courts mistakenly penalize the victim in custody cases by assuming that the victim is emotionally unstable because of the violence or because the victim "let the violence happen." In most states, however, custody statutes now recognize that domestic violence is relevant to the abuser's parental fitness. Courts in most states are required to consider domestic violence as a factor in custody determinations or employ a presumption that perpetrators should not receive custody of the children.⁽⁶²⁾

All Law Students Should Be Taught to Screen for Domestic Violence

Since domestic violence arises in so many areas of practice, as a matter of professional competency, lawyers must screen for domestic violence. Screening skills are critical for students in family or criminal law clinics. Teaching students to screen for abuse can make a great difference to the future professionalism of all students, however. Presenting information about screening for domestic violence does more than introduce students to this specialized subject. It also provides a good example of interviewing techniques necessary for issue-spotting, a professional skill which few law students practice in a concrete way during the educational process. To identify victims or perpetrators, law students should be trained to ask the following types of questions:⁽⁶³⁾

Everyone argues or fights with their partner or spouse now and then. When you argue or fight at home, what happens? Do you ever change your behavior because you are afraid of the consequences of a fight?

Do you feel that your partner or spouse treats you well? Is there anything that goes on at home that makes you feel afraid?

Has your partner or spouse ever hurt or threatened you or your children? Has your partner or spouse ever put his or her hands on you against your will? Has your partner or spouse ever forced you to do something you did not want to do? Does your partner or spouse criticize you or your children often?

Has your partner or spouse ever tried to keep you from taking medication you needed or from seeking medical help? Does your partner refuse to let you sleep at night?

Has your partner or spouse ever hurt your pets or destroyed your possessions? Does your partner or spouse throw or break objects in the home or damage the home itself during arguments?

Does your partner or spouse act jealously, for example, always calling you at work or home to check up on you? Is it hard for you to maintain relationships with your friends, relatives, neighbors, or co-workers because your partner or spouse disapproves of them? Does your partner or spouse accuse you unjustly of flirting with others or having affairs? Has your partner or spouse ever tried to keep you from leaving the house?

Does your spouse or partner make it hard for you to find or keep a job or go to school?

Does your partner or spouse withhold money from you when you need it? Do you know what your family's assets are? Do you know where important documents like bank books, check books, financial statements, birth certificates, and passports for you and members of your family are kept? If you wanted to see or use any of them, would your partner or spouse make it difficult for you to do so?
Has your spouse or partner ever forced you to have sex or made you do things during sex that made you feel uncomfortable? Does your partner demand sex when you are sick, tired, or sleeping?
Has your spouse or partner ever used or threatened to use a weapon against you?

In addition to asking screening questions of all clients, lawyers should be aware of common warning signs that may indicate that a client is a victim of domestic abuse. Law students should be trained to look for the following signals:

Does the client show evidence of severe, recurring or life-threatening abuse, for example, repeated bruises or broken bones?

Does the client have to ask permission of her spouse to make decisions? Does the client's spouse or partner constantly make the client follow rules about what she and the children can or cannot do?

Does the client's partner or spouse continuously degrade or belittle the client, or accuse the client of being stupid, unattractive, a bad parent, unfaithful, or any other similar fault?

Is the case being litigated in an unusually aggressive manner by the client's partner or spouse?

Does the client have difficulty making or keeping appointments because of his or her partner or spouse?

Does the client's partner or spouse insist on accompanying your client to every appointment? Does the client's partner or spouse try to speak for the client, in order to control the information the client shares?

Does the client's partner or spouse harass the client constantly, through phone calls or stalking?

Has the client's partner or spouse prevented the client from keeping a job or completing a job training program?

All Law Students Should Be Taught to Conduct Safety Planning With Victims of Domestic Violence

Safety planning is critical when representing a client who has been battered or threatened by an intimate partner. Evidence has shown that the danger of violence, including the risk of death, escalates when a domestic violence survivor attempts to leave a batterer.⁽⁶⁴⁾ Seeking legal assistance is a step towards independence which threatens a batterer's sense of control and may further endanger a survivor. For this reason, lawyers who represent clients who are planning to separate from their batterers must alert their clients to the increased likelihood of violence and help them develop safety plans.

Effective lawyering requires practitioners to serve a broad range of client needs. For example, an estate planning attorney might be required to explain certain tax ramifications to a client, or to refer a client to a tax specialist. Similarly, lawyers engaged in general practice should be prepared to offer their clients the information necessary to assure their safety, should domestic violence issues emerge. Teaching law students how to conduct basic safety planning, as well as how and when to make referrals to safety services such as hotlines or shelters, will help students develop the most comprehensive skills, tools, and resources, to fully address client needs.

It is also crucial for students with direct client contact to conduct ongoing safety planning with clients who continue to live with their batterers. Law students may need to modify their practices so that they do not inadvertently endanger clients who are victims of domestic violence. In addition, they must assist clients to develop comprehensive safety plans which include survival strategies at home, in the workplace, and in court.⁽⁶⁵⁾ The Appendix contains a comprehensive safety plan for use by attorneys and law students working with victims of intimate violence.

Criminal Law

Domestic violence issues arise frequently in the criminal law context, allowing for fascinating debates or analytical discussions. Domestic violence examples can illustrate criminal law defenses, ranging from duress and self defense (by victims) to cultural defenses asserted by perpetrators. Using the example of a battered woman who commits crimes because her abuser has threatened to kill her can serve a dual purpose, teaching students about the potential lethality of domestic violence while illustrating the concept of duress.

Domestic violence examples can also be used to discuss prosecutorial discretion or the distinction between state and federal criminal law. For example, a leading Supreme Court case on double jeopardy focuses on domestic violence. United States v. Dixon provides an excellent illustration of the constitutionality of enforcing civil protection orders through criminal contempt even if the state pursues criminal prosecution of crimes committed when the protection order was violated, as long as the contempt proceeding and the criminal prosecution require proof of additional elements.⁽⁶⁶⁾

When students in criminal law courses discuss crimes such as assault, rape, kidnapping, stalking, and murder, they should be informed that the majority of violent crimes against women are committed by persons whom they know.⁽⁶⁷⁾ Many criminal law textbooks contain examples of domestic violence cases, yet fail to address the dynamics of domestic violence or the practice implications for prosecutors, defense attorneys, or judges. Failure to discuss examples of criminal behavior between family members or intimate partners reinforces the myth that only strangers commit violent crimes, and that what happens inside the home is a family matter which should not be handled by the criminal justice system.

A criminal law course is also an excellent forum in which to discuss recent federal and state legislative initiatives designed to criminalize and combat domestic violence. For instance, a professor might discuss how the Interstate Stalking Act and the Violence Against Women Act filled the gaps left unaddressed in state criminal codes, allowing victims to seek federal relief for stalking or interstate domestic violence.

It is also important for students to learn about the impact of law enforcement and prosecutorial discretion on victims of domestic violence. Traditionally, law enforcement officers were reluctant to arrest perpetrators, and prosecutors hesitated to prosecute domestic violence cases. Students should be aware of this history, as well as recent responses of the law enforcement and criminal justice systems, such as specialized domestic violence units within police departments and prosecution offices.

When presenting information on mitigating circumstances or criminal defenses, instructors can raise domestic violence issues as examples. For instance, an expert witness who testifies about the effects of battering on a defendant who killed her abuser illustrates the usefulness of expert testimony. Similarly, the concept of self defense can be readily discussed in the context of domestic violence cases.

In addition, a significant number of criminal law professors examine whether battered women who kill their abusers should be permitted to introduce evidence of battered woman syndrome⁽⁶⁸⁾ in their cases. Any discussion of battered woman syndrome should include contrasting opinions. Some experts have suggested, for example, that the term "battered woman syndrome" pathologizes victims of domestic violence and inaccurately describes the evidence introduced.⁽⁶⁹⁾ Law review articles about the advantages or drawbacks of utilizing expert testimony on "battered woman syndrome" have substantially affected practice in the field, and demonstrate the impact of social change on the law and vice versa.

Civil Procedure

Civil procedure courses should address jurisdictional issues in family law cases, as well as in large civil cases. Domestic violence hypotheticals can illustrate a variety of civil procedure issues, since flight from domestic violence often requires tribunals in various states to exercise jurisdiction over related court proceedings. Such cases can bring to life for students the topics of notice, service, personal and subject matter jurisdiction, and full faith and credit for out of state court orders.

For instance, the following hypothetical might assist students to understand the difficult civil procedure and safety issues confronted by victims who cross state lines:

A victim of domestic violence obtains a protection order in Maryland, and then flees to California with the children when her husband continues to batter her and threaten the children. If the husband stalks the family to California, and violates the Maryland protection order by beating his wife and children, how can the Maryland protection order be enforced by California courts and law enforcement?⁽⁷⁰⁾

Through this example, students can discuss whether the husband was served properly in Maryland with the protection order, or whether his due process rights would be violated by enforcement. Additionally, students can discuss the conflicts of law matters that are raised if the victim files for custody in California while the husband remains in Maryland. This raises complex issues, such as the following:

Does the California court have appropriate subject matter and personal jurisdiction over the custody matter and the husband?
Have interstate custody jurisdictional statutes been satisfied?
What happens if the husband files for custody in Maryland?

Discussing this hypothetical could thereby familiarize students with a range of civil procedure and domestic violence issues.

Torts

Tort courses may prove to be an interesting and useful non-traditional forum in which to teach domestic violence law. This class can bring home to students the fact that knowledge of domestic violence cases can be integral to the general practice of law.

A list of the most common injuries and problems resulting from a perpetrator's actions is comparable to a table of contents in a tort law textbook: assault, battery, intentional or negligent infliction of emotional distress, marital torts, various property torts, trespass, false imprisonment, wrongful death, and economic torts, such as tortious interference with contractual relations, fraud, fraudulent transfer or concealment, and breach of fiduciary duty. Domestic violence cases have even given rise to some new torts: tortious conduct causing "battered women's syndrome"⁽⁷¹⁾; and the eponymous tort of domestic violence.⁽⁷²⁾

A particularly interesting trend in tort litigation involving domestic violence is the portrayal of domestic violence as a continuous tort, rather than a series of isolated actions. Using these cases as examples, instructors can introduce students to concepts such as the tolling of the statute of limitations. Additionally, discussing domestic violence as a continuous tort can illustrate for students the strategic significance of offering the court evidence of a continuous history of harmful actions -- rather than a series of isolated incidents -- in order to create a clearer picture of the egregious nature of such conduct. Torts classes may also raise the issue of how spousal immunity laws affect domestic abuse cases.

Teaching domestic violence as a tort law issue will ultimately help victims. Many victims of domestic violence end up financially devastated. This may result from the abuser's control of the family's finances or exhaustion of the family resources through continuous or protracted litigation. Many victims are unable to obtain compensation for their financial losses through protection order, divorce or criminal proceedings. For some victims, the only legal avenue available to obtain compensation or reach assets unjustly held by the abuser is a tort action.

Civil suits may provide victims with financial remedies for the wrongful acts of their abusers, potentially covering lost wages, pain and suffering, medical and psychological treatment costs, and expenses for relocation and protection. An added benefit of teaching domestic violence as a part of tort law is changing lawyers' perceptions that domestic violence cases are financial drains on the regular practice of law. Instead, law students may learn that domestic violence cases can be as realistic a part of practice as any other type of tort case.

Property

Even traditional property law issues apply to domestic violence cases. Abusers quite commonly take or destroy victims' property as a further means of controlling and manipulating their intimate partners. For example, an abuser may take and sell the victim's jewelry or break windows or doors in the victim's home to threaten her or control her life. The abuser may destroy a cherished object or family heirloom to punish the victim or trespass on her property in order to stalk or harass her. The abuser may even smash the victim's car or slash the victim's tires to prevent the victim from going to work or seeking help. A victim may find the best legal recourse by undertaking court action to obtain compensation or injunctive relief for interference with property interests, conversion, trespass to chattels, replevin, or destruction of property.

Knowledge of other kinds of property law can ultimately serve victims of domestic violence well. For example, a real property lawyer can offer pro bono assistance to domestic violence shelters by providing legal representation in real estate transactions. A lawyer can also help shelter programs seeking changes in land use or zoning laws in order to create a domestic violence program. Shelters may also require assistance with financing, property taxes, property insurance, and maintenance and upkeep matters. Real property lawyers also have a role to play in helping shelter programs prepare and submit applications for short and long term financing, housing subsidies, or grants to private sector, public sector and quasi-public sector lenders, including charitable foundations.⁽⁷³⁾

Property also becomes a critical issue in domestic relations cases. Historically, property laws have put women at a disadvantage in dissolution proceedings. Property courses should examine this historical bias, as well as the current impact of domestic violence on the use, disposition, and division of marital property. An inclusive course will review statutory provisions, such as protection order statutes, which cover the use and possession of property. In addition, professors should discuss how the dynamics of domestic violence affect property distribution. For example, a victims' fear of physical retribution may affect her negotiating stance⁽⁷⁴⁾ with regard to property.

Contracts

A creative contracts instructor can introduce the issue of domestic violence in hypotheticals. For instance, an abusive spouse may use threats or violence to force the victim to sign contracts unwillingly. This scenario raises the issue of whether contracts signed under duress are enforceable.

An example of a pre-nuptial agreement signed by a victim and an abuser might illustrate to students both the concepts of signing contracts under duress and the use of financial coercion by perpetrators of domestic violence. To be valid, the prenuptial agreement must have been entered into knowingly and voluntarily. If the abuser, however, coerced the victim into signing the prenuptial agreement by threats of violence or actual battering, a court may invalidate the agreement.⁽⁷⁵⁾ Evidence of premarital domestic violence might also show a lack of substantive fairness in provisions made for the prospective spouse.⁽⁷⁶⁾

Constitutional Law

As domestic violence crimes and remedies increasingly become federalized, constitutional law courses can address domestic violence legal issues. The VAWA provides an interesting example of federal versus state powers, including the role of the Commerce Clause and the Equal Protection Clause in enacting federal statutes. For instance, the civil rights remedy for gender-motivated violence, enacted recently under the VAWA, has been declared constitutional by several district court judges and unconstitutional by another.⁽⁷⁷⁾ The Connecticut District Court upheld the civil rights remedy, finding that violence against women substantially affected interstate commerce; the Virginia District Court, in contrast, found that the link between gender-based violence and interstate commerce was too tenuous to satisfy the Supreme Court's standard in U.S. v. Lopez.⁽⁷⁸⁾

Legal and religious responses to domestic violence can also reach constitutional proportions. Advocates have begun to report cases in which perpetrators, required by court order to stay away from victims, have been counseled by their pastors to come to services as a sign of repentance or rehabilitation even though the victims regularly attend services. Advocates report that perpetrators have sought to vacate the court orders or avoid sanctions for violating the orders by claiming that their First Amendment religious rights have been unconstitutionally abridged.

Professional Responsibility and Ethics

Domestic violence examples are ripe for discussion in a Professional Responsibility or Ethics course. For instance, representing an alleged batterer illustrates the difficulties in providing zealous representation, raising the following questions: What obligation does counsel have when the client wants to vacate a civil protection order? What obligation does the attorney have to independently authenticate the facts that the client suggests? What should an attorney do when he or she believes that an abusive client wants to seek custody of children? How should counsel respond if the client threatens to harm the opposing party or children? Examining these questions can provide a rich and valuable inquiry by students and faculty.

Representing victims of domestic violence also raises professional responsibility questions, particularly relating to the safety of the victim and the children. For instance, an attorney may believe that the children are in danger if the victim returns to an abusive relationship, yet attorney-client privilege precludes the attorney from disclosing this information. A lawyer may also have to weigh safety concerns when giving legal advice; for instance, a lawyer may advise a client to file charges or testify in criminal court, yet the client may fear that she will be killed by her abuser if she goes forward with the case. An attorney can best serve a client by providing the client with the range of legal options, outlining the potential outcomes, and pursuing the client's choice of action.

Domestic violence also raises competency and malpractice issues. Lawyers who commit domestic violence against their partners are increasingly facing disciplinary sanctions from the bar.⁽⁷⁹⁾ In addition, lawyers who become aware of underlying domestic violence issues in their cases have an ethical, moral, and fiduciary duty to address their clients' safety concerns. Attorneys must assess perpetrator lethality and help clients develop comprehensive safety plans. Failure to do so could not only constitute malpractice, but could also endanger a client's life.

Attorneys who represent victims and fail to address the violence have not represented their clients competently. In addition to jeopardizing their clients' physical well-being, attorneys may be liable if they failed to raise relevant statutory exemptions. For example, family lawyers who do not raise domestic violence issues in custody proceedings may be neglecting statutory provisions requiring courts to consider domestic violence as a factor in custody determinations. If this omission results in a custody decision in favor of an abuser, the victim's lawyer has failed to represent the victim competently. Examining these types of issues can help law students understand the real life consequences of ethical or professional violations by lawyers.

Legal Research and Writing

Legal Research and Writing courses can educate students about domestic violence and provide them with the opportunity to assist victims. Instructors may utilize domestic violence fact patterns to familiarize students with the dynamics of domestic violence and the legal remedies available. In addition, students can research legal issues and prepare memoranda, motions, and briefs that can be used by attorneys who are working on actual cases. A legal research and writing seminar could develop a relationship with a local domestic violence shelter or program; students could then conduct legal research and draft memoranda on topics requested by the programs. Many students will learn more about legal research methods and produce better products when they are working on issues that affect real people.

Domestic violence issues are ripe for legal research and writing not only in first-year courses, but also in more advanced courses on legislative process. Across the country, states are developing domestic violence legislation at a rapid rate on topics including custody, insurance discrimination, mandatory reporting, and criminal law standards, among others. Students in legislative process courses could conduct legal research and help draft cutting edge legislation with local advocacy groups.

Trial Advocacy and Moot Court

Law students look forward eagerly to participating in trial advocacy courses and moot court competitions. Because many law students do not have the opportunity to enroll in clinical programs, trial advocacy courses or moot court gives students a chance to gain "courtroom experience" prior to graduation. Instructors can utilize domestic violence hypotheticals in both of these types of programs.

Trial advocacy classes teach courtroom skills such as examining witnesses, introducing evidence, and developing case theories and strategies. A domestic violence scenario can offer many creative opportunities for practice and discussion. For example, an instructor may wish to examine the relative merits of different kinds of testimony and corroborative evidence, and teach students to balance these to achieve a successful presentation of a case. In domestic violence cases, complex issues often arise regarding the credibility of witnesses (e.g., the victim testifies that the abuser has committed acts of domestic violence and the abuser then testifies that all of the acts alleged are actually the victim's fault). Students can use this kind of scenario to experiment with examination styles that enhance, destroy, or rehabilitate the testimony of the witnesses. A domestic violence hypothetical can also address the issue of what to do if a primary witness, such as the victim, recants her testimony out of fear that the abuser might harm her if she testifies. Students can learn to protect the victim's safety first, and then use corroborative evidence to present the case in such situations.

In moot court competitions, instructors often look for legal issues which are complex enough to engage law students' interest and creativity, but are also relevant to contemporary issues. Domestic violence fact patterns, which are generally both compelling and complicated, can be useful in this regard. For example, a common reason for appeal in domestic violence custody cases is whether the court complied with statutory requirements regarding the weighing of evidence of domestic violence. Another topic which might yield interesting results would be the constitutionality of a federal law creating a lifetime prohibition for domestic violence misdemeanants against possessing or purchasing a firearm. By utilizing these kinds of hypotheticals when teaching students about the realities of litigation experience, instructors can offer training on domestic violence issues, and can illustrate general principles of trial practice.

Teaching Domestic Violence Legal Issues in Law School Upper-Level Courses

Teaching domestic violence legal issues in upper-level courses provides students with an opportunity to learn about the complexity of domestic violence issues and how they relate to other legal issues, in intellectually challenging and participatory forums. A growing number of law schools offer seminar courses which focus specifically on domestic violence law.⁽⁸⁰⁾ In addition, domestic violence issues are being incorporated into upper-level seminars addressing family law, criminal law, evidence, and professional responsibility, to prepare students to practice competently in these areas of law.

Domestic Violence Upper-Level Courses

Domestic violence seminar courses⁽⁸¹⁾ familiarize students with a range of legal issues because domestic violence has an impact on such varied fields of law. Law school professors teaching upper level seminars may emphasize certain facets of domestic violence law, such as sanctions in the criminal justice system, or the effect of family violence on custody law, depending on their academic interests or areas of individual expertise. The majority of these courses, however, address a range of legal topics, and integrate sociological theories about battering into the course materials.

A typical domestic violence seminar might begin with an overview of domestic abuse and the response of the legal system. Starting with a discussion of the historical underpinnings of recently enacted domestic violence laws, instructors may discuss the dearth of legal remedies available to victims prior to the latter half of this century. A review of legal history, including the dependent legal status of women, the traditional prohibition against women owning property, and cultural beliefs that women should submit to men, provides an excellent illustration of how social change can lead to major legal evolutions. The seminar might then examine recent remedies in the civil legal system, such as civil protection orders or long-term domestic relations orders. Conflicts of law and jurisdictional issues may be raised by considering interstate child custody cases in which victims have fled from domestic violence.

Again, in discussing the historical evolution of the law, instructors may show students how criminal responses to domestic violence were unavailable to women in part because of cultural attitudes about the insignificance of violence against women. Law students can study new interdisciplinary trends in legal responses, including criminal law issues, such as the prosecution of domestic violence crimes in state and federal courts. Upper level courses may address recent enactments in federal law, such as the VAWA or firearms legislation prohibiting perpetrators from possessing weapons. This material can provide an excellent opportunity for discussing how legislative responsibilities shift between state and federal levels. A number of upper level courses discuss cases in which battered women kill their abusers, including the application of criminal defenses, differing state responses, a trend toward convictions or acquittals, and the use of gubernatorial pardons.

Domestic violence seminars may also address the economic consequences of domestic violence. For instance, law students may learn of the potential for recovery under tort law for acts of domestic violence. Students may also discuss the effects of recent changes in welfare law on victims of abuse. A growing understanding of the impact of domestic violence on the workplace may lead law school professors to incorporate aspects of employment law into domestic violence seminars.

Most courses also include cross-cultural or multidisciplinary information about domestic violence, such as psychological theories about battering, the effects of family violence on victims from various communities,⁽⁸²⁾ or the need for differing responses based on the cultural or linguistic issues in particular cases. Law students may be exposed to immigration law by considering the provisions for battered immigrant spouses enacted under the VAWA. Other seminars might focus on the impact of family violence on children, or the response of Child Protective Services to battered women.

Students exposed to these issues can learn that lawyering may require creative approaches to legal and social issues that go beyond application of "black-letter law." A growing number of upper level courses use domestic violence issues to teach students about lawyering for social change. Such courses often emphasize the need for multidisciplinary responses to family violence by the health, law enforcement, prosecution, and judicial professions, among others. Professors may choose to invite guest speakers to the seminar, enriching the students' exposure to community leaders. For example, a prosecutor from a domestic violence unit may be able to communicate to students the unusual challenges that arise in prosecuting domestic violence cases. The prosecutor might discuss methods of introducing evidence in domestic violence cases, such as the requirements for an excited utterance hearsay exception. Students are likely to comprehend the tensions in domestic violence cases and the practical implications of the hearsay rule when taught by practitioners from the field.

Law school professors teaching domestic violence courses often attempt to integrate theory with practice by linking students to local community organizations or the national battered women's movement. Some professors survey practitioners in the field to collect research topics for their students, providing students with the opportunity to work with national experts and draft research papers with practical implications. Students in upper-level courses have the opportunity to improve their legal scholarship and develop seminal academic papers on domestic violence legal issues. In other seminars, students and professors may view the course as a potential "think tank" for the future.⁽⁸³⁾

While domestic violence courses can provide law students with a grounding in domestic violence law and related legal topics, such courses can also be used to explore broader theoretical frameworks. A leading domestic violence expert summarizes the possibilities as follows:

"Battering raises fundamental intellectual and political issues about feminist theory and practice, about law as an instrument of social change, and about the development and role of legal remedies. Battering also presents important jurisprudential issues, such as the interrelationship between law and social science. It is not only an important subject in and of itself because of the impact it has on society in general, but also because it is a lens for looking at central issues concerning the transformative possibilities and limits of the law."⁽⁸⁴⁾

Upper Level Courses in Which Domestic Violence Issues are a Central Component

Since a goal of legal education is to prepare students to practice law competently upon passing the bar, domestic violence issues should be integrated into upper-level courses. While domestic violence issues could be raised in virtually every course, it is vital to incorporate domestic violence issues into family law, criminal law, and evidence courses. Without the inclusion of domestic violence issues in such courses, students will be ill equipped to practice in these fields upon graduation.

Family Law Courses

Family law attorneys recognize that domestic violence issues permeate the practice of family law.⁽⁸⁵⁾

Family law statutes may carve out domestic violence exceptions in custody, visitation, or mediation statutes, for example. Domestic violence also affects the clients' needs for spousal support or for use and possession of property. Family law practitioners must be trained to screen for domestic violence and to conduct safety planning with clients, since family law cases can be volatile and dangerous when one party has abused the other party.

Criminal Law Seminars

Similarly, criminal law seminars should address criminal issues involving domestic violence. To emphasize the pervasiveness of domestic violence issues in criminal cases, law students should be informed that, according to the U.S. Department of Justice, in 29% of cases in which a lone offender committed violence against a woman, the perpetrator was the victim's husband, ex-husband, boyfriend, or ex-boyfriend.⁽⁸⁶⁾ Criminal law seminars may examine how domestic violence affects criminal law defenses, such as duress or self defense. Criminal law professors might also discuss the impact of domestic violence on prosecution or defense strategies. Students should be introduced to concepts such as vertical prosecution, no-drop prosecution, and the use of expert testimony on the common effects of battering.⁽⁸⁷⁾

Evidence Seminars

Evidence courses draw a large number of law students who intend to practice criminal law and who will therefore handle domestic violence cases as practitioners. As a result, evidence courses should address domestic violence issues, which can provide particularly apt examples for seminar discussions. For instance, a number of hearsay exceptions, such as the excited utterance or the present sense impression exceptions, could arise in domestic violence cases. Domestic violence cases can teach law students to introduce police reports or medical records, to qualify domestic violence experts, or to impeach witnesses. Raising these examples in evidence seminars serves the dual purpose of teaching students the rules of evidence and preparing students to handle domestic violence cases.

All Upper Level Courses Can Maintain Links to the Community

Professors offering established domestic violence courses suggest that law students and victims benefit from courses that encourage students to develop and maintain links to victim services organizations. Not only do law students learn firsthand how the law affects individual cases, but they can also create connections with practitioners in the field. This may serve students well upon graduation, in the form of job leads, references, or mentoring relationships. Victims may receive better services if law students contribute their research efforts to issues identified by domestic violence coalitions or shelters. Victims also reap the future benefits of a generation of lawyers well-trained on domestic violence matters.

Upper-level seminar courses establish links to the community in a variety of ways. Under instructor supervision, law students may conduct research or draft legislation for use by community task forces developing new ways to address domestic violence locally. Guest speakers may be invited to speak at the seminars, or students may perform legislative or legal research for local or regional advocacy groups. Some of the most active seminar courses provide an in-class component on domestic violence or public interest law, and permit students to receive credit for externships in the community. Law students may participate in domestic violence prosecution units, legal aid organizations, or victim advocacy programs, among others.

Upper-Level Courses May Serve As A Prerequisite to Clinical Programs

In some law schools, students may be required to participate in domestic violence law seminars as a prerequisite to participating in domestic violence clinical programs. This requirement may allow students to absorb information about domestic violence legal issues more fully, without the additional pressure of representing clients in court, often for the first time. Students would have the opportunity to fully assimilate legal and psychological information about domestic violence before being required to implement it. In the clinical program, students can then focus on improving their lawyering and procedural skills, and using domestic violence law to obtain legal relief for clients.

All Courses Should Address the Impact of Domestic Violence on Diverse Communities

Most legal responses to domestic violence are designed to help a particular "type" of victim: a woman who has passively endured the abuse; who is willing and grateful for any assistance offered; and who shares the beliefs, values, and background of the lawyer or judge handling her case. Legal professionals may fail to offer appropriate assistance to victims who do not fit this profile, particularly if they have difficulty overcoming linguistic or cultural barriers. Victims from diverse communities, who may already be reluctant seek help from courts or law enforcement, may be even more discouraged if culturally appropriate services are unavailable. The most recent changes in law, while effective in improving many aspects of legal remedies offered to victims, sometimes fail to consider the ways in which cultural or linguistic issues complicate domestic violence cases.

At the most basic level, law students should learn about the impact of domestic violence on diverse communities because misunderstandings can endanger the victim or result in discriminatory treatment of victims or abusers. The most important message to convey to students is that domestic violence affects individuals from all races, religions, ethnicities, age groups, sexual orientations, and socioeconomic levels.⁽⁸⁸⁾ Law students who understand cultural and linguistic differences in domestic violence cases can enhance their own professionalism. Providing education about the cross-cultural effects of domestic violence will help create more qualified lawyers, and may make the system more accessible to victims from diverse backgrounds.

Battered Immigrant Spouses

Cultural factors may inhibit victims from accessing local legal services or domestic violence programs. Battered immigrant women confront barriers in seeking legal assistance that non-immigrant victims do not face, including language or cultural barriers, or fears of the legal system or deportation.⁽⁸⁹⁾ Law students should be aware that perpetrators often threaten to deport their immigrant spouses or partners. While the VAWA provides protection to battered immigrant spouses by reducing the ability of perpetrators to control their spouses' immigration status, some victims may not be aware of their legal rights, and other victims may be unable to utilize the VAWA provisions.⁽⁹⁰⁾

Battered immigrants may also be afraid that the legal system will not help them, based on experiences with repressive or non-responsive legal systems in their countries of origin. Lawyers for battered immigrants may need to discuss the American legal system with their clients,⁽⁹¹⁾ and explain what relief is available for victims of domestic violence. To effectively use these legal remedies, lawyers must ensure that interpreters are available for their clients during interviews and court appearances.

Serving Victims From Racial or Ethnic Minority Groups

Law students should be aware that victims from some racial or ethnic minority groups may have additional barriers in obtaining legal relief to end family violence. For example, victims may experience racism when they seek services from providers who characterize Latino men⁽⁹²⁾ or African-American men as violent, or women of color as more prone to victimization or immune from it. The history of institutional and individual racism against members of the African-American community may lead many victims to avoid the police and the courts because they are part of a system that has historically discriminated against African-Americans.⁽⁹³⁾ Women of color who are victims of domestic violence may also suffer from the intersection of the effects of racism and sex discrimination.⁽⁹⁴⁾

Latina or Asian victims, or victims from other minority groups, may hesitate to seek help if domestic violence programs do not provide culturally or linguistically appropriate services.⁽⁹⁵⁾ Even if victims do not confront overt stereotypes from service providers, it may be difficult for them to obtain useful services. For example, victims from particular communities may have dietary needs that are unmet by most domestic violence shelters⁽⁹⁶⁾ or may speak languages other than English. In some communities, domestic violence programs have proved to be more effective when culturally tailored to the population they serve. For example, some batterer intervention programs teach batterers that spouse abuse is not inherent in Native American culture, but rather developed from outside influences.⁽⁹⁷⁾ Law students serving Native American clients need to understand not only the cultural values which shape concepts of justice for various tribes, but also how tribal laws and courts intersect with state responses to domestic violence.⁽⁹⁸⁾

Even when appropriate services are available, victims may face pressure from within their own communities to endure the violence or deal with it privately because of allegiance to the community. Women of color may hesitate to contact law enforcement to arrest their batterers because of a pattern of police brutality against members of the community.⁽⁹⁹⁾ Similarly, victims may be reluctant to involve the criminal justice system, which has historically perpetuated discrimination. To effectively advocate on behalf of victims, lawyers must understand the role of these cultural and historical factors, and work with victims to develop safe and acceptable solutions to end the violence.

Victims of Same-Sex Battering

Victims of same-sex battering confront a range of challenges when seeking legal relief in domestic violence cases. Perpetrators of same-sex violence may threaten to reveal the victim's sexual orientation to the victim's family members or employer to prevent the victim from seeking help. Such threats may be effective in keeping victims silent for fear of losing their jobs, facing discrimination, or altering their family or personal relationships.

Victims who seek outside assistance may confront anti-gay or lesbian discrimination by a range of service providers. Law enforcement officers may fail to arrest perpetrators of domestic violence, claiming that they could not determine who was the perpetrator and who was the victim, or they may arrest both parties. Statutory protections may be limited to opposite-sex couples, or courts may be unwilling to intervene in cases involving same-sex violence. Supportive services, such as counseling or shelter for victims or perpetrators of intimate violence, may not be tailored to lesbian or gay individuals.

In addition to facing difficulties in obtaining services, same-sex victims may face pressures from within the gay or lesbian community to keep the violence a secret.⁽¹⁰⁰⁾ Well-meaning friends or acquaintances may be afraid that disclosing same-sex intimate violence will fuel homophobia or stereotypes about gay or lesbian relationships. Without legal assistance, however, victims of same-sex violence may be unable to escape from the violence. It is therefore critical for lawyers to be aware of the obstacles that gay or lesbian victims confront when seeking assistance from law enforcement, the judiciary, or service providers.

Victims From Religious Communities

Victims who are closely involved with religious communities may believe that their religious tenets conflict with legal principles or rights. For example, victims or their family members may have religious beliefs that emphasize the sanctity of the family and prohibit or discourage divorce. In some cases, religious tenets may require wives to obtain their husbands' permission for divorce, giving perpetrators an additional means of control.⁽¹⁰¹⁾ The moral or emotional turmoil this creates for victims means that lawyers may have to resort to creative responses to avoid forcing victims to choose between deeply held spiritual beliefs and traditional legal remedies.

Victims who disclose the violence to community leaders may not receive support from their religious communities. They often report that when they sought help from religious leaders to end the family violence, they were told it was their duty to make the marriage work. When the religious community offers a solution completely at odds with that offered by the legal system, lawyers and judges should be prepared to consider solutions which provide victims with the greatest safety and support.

Some victims who live in insular religious communities may be afraid to reveal the family violence to service providers outside of their community. They may fear that if they seek outside assistance, members of their community will ostracize them or support the perpetrator, particularly if the religion emphasizes the rights of men to rule their families. Lawyers should be aware of the barriers and complications that victims from religious communities face when they seek legal relief.

Serving Victims with Disabilities and Victims of Elder Abuse

Law students should also recognize the obstacles that victims of elder abuse or victims with disabilities confront when seeking legal assistance. Individuals from these populations can be particularly vulnerable to abuse by intimate partners or spouses if they are physically unable to seek help. Victims of elder abuse may also be abused by persons who are not their intimate partners or spouses, such as their adult children or care-givers. Battered older persons or victims with disabilities may find it extremely difficult to separate from their abusers if their abusers are their sole caretakers.

Perpetrators of abuse exercise additional forms of control over victims from these populations. For instance, abusers may over-medicate or under-medicate disabled victims⁽¹⁰²⁾ or refuse to buy food for elderly spouses. Lawyers should be aware that these factors may complicate domestic violence cases.

In addition, when disabled victims seek assistance, they may find that appropriate services are unavailable. Shelters may not be equipped to physically accommodate victims with disabilities. Domestic violence programs or legal services organizations may not have access to interpreters for deaf victims. Courts may not understand that a disabled or elderly victim's survival requires strict enforcement of financial support orders. Lawyers who are trained to recognize these issues will be better able to serve clients who are victims of domestic violence.

Clinical Programs Can Provide Direct Services to Victims of Domestic Violence

Clinical programs across the country have begun to address domestic violence legal issues in innovative and comprehensive ways. Several domestic violence clinical programs have been created as a result of student interest or advocacy.⁽¹⁰³⁾ Some law schools have established domestic violence clinics in which students represent battered clients in civil or criminal cases. Other law schools have general clinics which simply address domestic violence issues when they arise. Regardless of their structure, clinical programs which train students to represent victims provide needed services to community members while enhancing student skills.

Clinical Programs Assist Victims to Obtain Protection Orders

The majority of domestic violence clinical programs train students to represent clients in protection order hearings. Protection order statutes in every state, tribe, and territory permit victims of domestic violence to seek immediate relief from the courts. Depending on the state or tribal law, courts may be authorized to order perpetrators to refrain from abusing or contacting victims, as well as ordering other relief. For example, most courts may include short-term orders pertaining to custody, visitation, use and possession of property, and financial relief. Protection order cases thus provide students with the opportunity to litigate cases from beginning to end, while enriching their understanding of domestic relations, evidence, criminal, and property law.

Protection order clinics teach students a range of substantive and procedural legal skills. Students generally attend classes taught by supervising attorneys for several hours a week; classes may focus on substantive legal issues, trial practice skills, or specific challenges arising in individual cases. Students also spend an average of 15-20 hours a week preparing their cases, meeting with clients, witnesses, and supervising attorneys, and representing clients in court. Protection order clinics generally train students to develop lawyering skills in the following areas: interviewing clients, investigating cases, writing motions, preparing witnesses (including expert witnesses) for trial, advising clients, negotiating with opposing parties or counsel, and conducting trials in court.

Clinical Programs May Represent Clients in Family Law Cases

Victims of domestic violence often require legal representation in custody or divorce cases to resolve custody, visitation, paternity and support, or property issues. If victims are unrepresented in domestic relations cases, they may not obtain the tightly crafted court orders they need to reduce the likelihood of further violence. In addition, since perpetrators often shift their control tactics to custody litigation, victims may desperately need to be represented in these litigious cases.

Any family law clinic should screen for domestic violence cases. Students representing victims should develop safety plans with clients, and provide referrals for other services related to the abuse. Ideally, students can assist clients in obtaining protection orders if such relief is necessary, prior to representing them in domestic relations hearings.

Clinical Programs May Represent Victims of Domestic Violence or Perpetrators in Criminal Cases

Law school criminal practice clinics are likely to represent victims or perpetrators of domestic violence simply because domestic violence crimes constitute a large proportion of misdemeanors in almost every jurisdiction. A growing number of criminal law clinics, however, focus deliberately on domestic violence issues. Some jurisdictions permit students to interview victims and try cases under the supervision of licensed attorneys. Students may prosecute domestic violence cases by working in local State's Attorney's offices.

Law students in criminal defense clinics may also represent victims or perpetrators of domestic violence. Often perpetrators retaliate against victims who file criminal charges by filing false criminal charges against the victims. Students in criminal defense or domestic violence clinics may defend victims who face such charges.⁽¹⁰⁴⁾ Students in the Domestic Violence Advocacy Project at the George Washington University Law School, for example, have worked with the Public Defender Service in the District of Columbia and in Alexandria, Virginia. In criminal defense clinics, law students may also represent victims charged with killing their abusers. These cases may require students to research advanced criminal law theories on self defense, or to prepare expert witnesses to testify about the effects of battering. Other clinical programs undertake clemency projects in which students advocate for reduced sentences for victims imprisoned for killing their abusers.

Criminal law clinics which provide representation to perpetrators have a responsibility to educate law students about the dynamics of domestic violence. Without this knowledge, students may inadvertently collude with batterers, assisting them to deny responsibility for their violence and to continue to perpetrate it. Lawyers should instead advise perpetrators about the long-term consequences of their criminal acts. Students who are trained on the psychological and legal issues surrounding family violence can assist perpetrators to take steps to end the violence, promoting their long-term interests.⁽¹⁰⁵⁾

Clinical Programs May Represent Victims in Other Civil Cases Related to the Abuse

Victims of domestic violence frequently face a range of legal problems arising from the abuse. In addition to criminal and family law matters, victims may be on the verge of eviction as a result of landlord-tenant or housing problems arising from the violence.⁽¹⁰⁶⁾ Victims may also be on the brink of destitution because their batterers have deprived them of financial resources by controlling their income or terminating their public assistance.⁽¹⁰⁷⁾ As a result, victims may need representation in bankruptcy, tax, child support, or public benefits cases. A victim's legal needs may be as extensive as the perpetrator's abusive tactics; for instance, battered immigrants may need representation in immigration law matters if their abusers have interfered with their immigration status or threatened to deport them.

Clinical programs provide an ideal means to represent victims in a range of legal cases while exposing law students to varied areas of substantive law. Students in domestic violence clinical programs can consult supervising attorneys in other law school clinics, such as poverty law, landlord-tenant, or bankruptcy clinics, to assist with interwoven legal issues. Law school clinical programs with general practice clinics, rather than specific domestic violence clinics, may be able to represent victims in a range of legal cases.⁽¹⁰⁸⁾

Clinical Programs Should Be Tailored to Serve the Needs of the Community

Law school clinical programs should be tailored to serve the needs of the community. In particular, domestic violence clinics should address the special needs of victims from underserved populations, including victims from rural, migrant, immigrant, or urban populations. For example, victims in rural areas may be completely cut off from legal services or domestic violence shelters if such services do not exist in their communities. Yet domestic violence may be exacerbated in small communities if perpetrators are familiar with or related to members of law enforcement or the judiciary. Law school clinical programs may be able to employ innovative strategies to serve the needs of victims in the community.

Similarly, law schools located in inner cities should address the needs of urban populations. Clinical professors can incorporate issues of race, ethnicity, or the culture of the community into their programs. Law students may need to seek clients or to conduct legal workshops in non-legal settings, such as community-based organizations, health clinics, social services agencies, or religious institutions, to truly provide community members with access to legal services.

Clinical Programs Should Be Linked to Existing Community Services

Law school clinical programs will better serve clients if they are linked to existing community services. Victims of domestic violence will be able to obtain the non-legal services they need, such as health care, counseling, financial assistance, or social services, if these agencies have close ties with law school clinical programs. Law students will also gain a more comprehensive perspective on client representation by maintaining connections with service providers. In addition, students in some clinical programs are placed in community agencies with an on-site supervising attorney, giving students a realistic picture of actual practice.

Clinical programs frequently obtain client referrals from community based agencies, such as domestic violence shelters, overburdened legal services organizations, or health care providers. A growing number of law school clinics have begun to offer legal advocacy to victims identified through community organizations, such as hospitals. Such coordination permits victims to obtain quality legal services without tremendous expenditures of time and money. Clinical programs can also obtain appropriate client referrals in this manner.

Co-Curricular Programs

Co-curricular programs can provide direct services to victims of domestic violence on campus and in the community. Such programs promote awareness and understanding of domestic violence issues within the law school community. Both the law school administration and students should be involved in developing these programs.

Law schools must be equipped to address domestic violence within their own communities. Law students, faculty, and staff are just as likely as other members of society to be victims or perpetrators of domestic violence. Law schools should therefore institute employment and student life policies that are responsive to the needs of victims. For instance, students who experience violence in their relationships should be able to obtain legal advice and counseling services without affecting their ability to participate in the law school's academic program. Law schools may also need to implement policies to avoid liability for workplace violence that erupts as a result of domestic violence.⁽¹⁰⁹⁾

Student or school sponsored programs can educate the law school community -- and perhaps the entire university -- about domestic violence. A lecture series might include guest speakers who are domestic violence survivors or attorneys. Such programs may help students gain a genuine understanding of victim experiences and legal remedies.

The following steps can also integrate domestic violence legal issues into co-curricular activities:

Focus an issue of the law review on domestic violence

Discuss the law school intervention efforts in school publications

Use a domestic violence case in the moot court competition argument

Offer self-defense classes

Provide training on safety planning

Offer programs specifically geared toward steps men can take to end domestic violence

Student groups, such as student bar associations, law fraternities, criminal law, women's law, juvenile justice, and public interest law associations, equal justice foundations, and National Lawyer's Guild sections, can work collaboratively to sponsor programs on domestic violence that address overlapping areas of concern. This may broaden support for the activities. Programs should also be developed with diverse student groups so that they provide inclusive information about domestic violence and the relief available.

Student advocacy groups in a number of law schools provide direct services and information to victims of domestic violence. For instance, students have created hotlines and court accompaniment programs to provide information and support to pro se clients. Students have also drafted domestic violence legislation, initiated clemency programs for victims imprisoned for killing their abusers, and participated in fundraising or volunteer efforts for local shelters.

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This document was last updated on March 19, 2007