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As a former legal practitioner in the field of domestic violence, I am writing in response to the article by Hilary Abrahams, ‘It’s safe here’ (Therapy Today, November 2008).
Legal help for abused women
As a former legal practitioner in the field of domestic violence, I am writing in response to the article by Hilary Abrahams, ‘It’s safe here’ (Therapy Today, November 2008).
The article raised excellent points, but I was disappointed there was little information given on all the positive actions that victims can take to minimise their losses by seeking appropriate legal advice from a lawyer. Ms Abrahams advises counsellors to help women to mourn ‘massive material losses’ yet it seemed she was unaware that publicly funded family lawyers are available to help women obtain a nonmolestation and occupation order, so that they and their children can return home.
The perpetrator of violence can be ordered to leave on pain of arrest. Alternatively, if she does not wish to return, the local domestic violence officer can arrange a police escort to accompany women to their home to obtain the return of their belongings. Family courts are geared to act quickly to help women regain their home and property. This must be done as early as possible, so that police and medical evidence is fresh.
Local family lawyers can be instructed and publicly funded representation arranged very quickly, including obtaining protection and a return home if that is what is wanted. Further, older children will not stay long in a refuge and there is every likelihood that they will return home to a violent parent. She could end up losing the children if the perpetrator, who is in a strong position as he retains the family home, then makes a residence order application.
A counsellor would be letting her client down if she did not give practical advice on how a woman can help herself, strengthen her position, use her energy to perhaps return home safely, and establish a status quo in the face of future actions by the perpetrator over the children.
A counsellor can be only one member of a woman’s support team, and it is vital she is humble enough to realise this, and help victims find the ready help that is available to them. I found the emphasis on counsellors doing grief work so soon disturbing, as surely the emphasis should be on empowering and enabling the client to take very practical steps to overturn the injustice of what has happened, and regain her home and property.
If these vital legal steps are not taken early, then it may be too late to obtain the valuable remedies that our family courts are waiting to give to victims.
