"Custody and Visitation: Considerations for Every Attorney Retained by a Survivor of Domestic Violence"

by Caitlin Glass, Tamara Kuennen, and Sharon Lpez - 030153

Abstract Number: 030153

September 2003

The March/April 2003 edition of Clearinghouse Review featured this article to provide suggestions and guidance for attorneys representing domestic violence survivors. Safety, autonomy, and restoration for the client are the ultimate goals of domestic violence work, according to the authors. These ideas were derived from the works of Barbara J. Hart, author of "Arrest: What's the Big Deal?" (1997.)* Safety includes physical, emotional, and financial safety. Autonomy is the ability to organize one's life. Restoration is placing the survivor back in the position in which she would have been had the abuse not occurred, namely her community, her faith, and her hope.

Drawing upon both family law and domestic violence law, the article illustrates the challenges and competing goals an effective attorney must recognize. The authors offer useful tips concerning the successful representation of domestic violence survivors in child custody and visitation litigation including the following topics:

• Education and training for domestic violence attorneys
• Preparing survivors for litigations
• Custody works plans
• Safely contacting clients
• Litigation
• Knowing the audience and judge
• Developing a case theory
• Direct examination of the client
• Evidence
• Cross-examination of the batterer
• Witnesses
• Rebuttal
• Drafting the pleadings
• The petition
• Withholding addresses
• Provisions of the order
• Tips for Different types of orders
• Compliance with the Parental Kidnapping Prevention Act
• Implementing the order
• Safety planning
• Partnering with the city attorney and law enforcement
• Contempt

The purpose for any attorney representing a domestic violence survivor in a custody and visitation case is to pursue the fundamental principles of safety, autonomy, and restoration, according to the authors. Attorneys need not be afraid to litigate or take steps that may be discouraged by the bench or bar provided they educate themselves, think innovatively, structure strategic partnerships, and always take the violence seriously. Access the article below as a PDF document.

Contact Information:

Caitlin Glass
Staff Attorney
Legal Aid Services of Oregon
700 SW Taylor, Suite 300
Portland, OR 97205
Phone: (505) 224-4086
caitlin.glass@lasoregon.org

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