The Team has released its 2015 Annual Report, noting the importance of the role of lawyers in the context of recognising and responding to domestic violence where it is disclosed by clients.
The Death Review Team found that in 40% of the cases reviewed, domestic violence abusers and/or victims were in contact with lawyers in relation to domestic violence, such as victims seeking the protection of an ADVO or a client seeking advice and/or representation for domestic violence offences.
Therefore, in many of these cases, there was an opportunity for a lawyer to provide referrals to clients around safety planning, or to recognise, name and discuss domestic violence behaviour in an appropriate way with an alleged perpetrator.
In one case that was reviewed, the victim, Sophia, had separated from her abusive partner, Jason, two months prior to the homicide. Two days before she was murdered, Sophia sought legal advice in relation to parenting arrangements. This followed a number of episodes where Jason had tried to break into Sophia’s house in the middle of the night supposedly to ‘check’ on the children’s welfare. Sophia had planned to file documents in the Family Court on the day Jason murdered her. The review found Jason had a long history of domestic violence against former partners. He was described by his former partners as being possessive, jealous, violent and controlling. His abusive behaviours included stalking, verbal and physical violence including strangulation. It was the understanding of the Team that Sophia disclosed this history of domestic violence to her lawyers, along with the information that Jason was violent to her, and controlled every aspect of their relationship, including their finances and the people Sophia could socialise with. Although there was a lack of evidence about the specific advice given to Sophia, it was the Team’s view that the case demonstrated the importance of lawyers being equipped to provide referral and safety planning information to clients where domestic violence is disclosed. The case also highlights the opportunities legal professionals may have to name and discuss the domestic violence with an alleged abuser. |
The Report states that ideally lawyers should be equipped to:
- Recognise the range of behaviours that constitute domestic violence, in other words, those behaviours designed to control, isolate and silence a victim;
- Promote victim visibility and avoid victim blaming;
- Recognise that victims of domestic violence may be at increased risk when they separate from an abuser; and to
- Refer clients where domestic violence victimization or perpetrator behaviour is identified.
Read the NSW Domestic Violence Death Review Team Annual Report here.
