Taking Up a Domestic Violence Case – Practical Considerations

Domestic violence (“DV”) cases come with their own unique challenges — not just in terms of the law, but also in handling vulnerable clients, coordinating with multiple agencies and managing the emotional weight these cases often carry.  From a practitioner’s point of view, DV work is not just about court work — it’s about how to act, when to act, with the usual court applications and originating processes, and with the less usual police work (for civil lawyers), coordinating with different agencies.

This article does not intend to teach DV laws, but to offer a more practical and hands-on perspective for lawyers who are considering taking on the often messy DV cases for survivors.

Before diving into any DV case, conduct a brief self-assessment.  Besides being legally equipped to handle the matter, which means reading up on the statutes and cases, are you mentally and emotionally prepared?  DV cases can be intense and emotionally draining; they can hit close to home or unexpectedly trigger difficult personal memories.

Do you have the capacity to collaborate and communicate with agencies such as the police, hospital, doctors, medical and mental health specialists, social workers and Jabatan Kebajikan Masyarakat (“JKM”)?  If you’re not in a position to take it on, don’t.  In these situations, the medical maxim “Do no harm” is worth keeping in mind.

DV clients come in many forms — those who suffer from immediate danger, where recent physical assault or threat just occurred; those who recount past violence or recurring incidents, who may have left the alleged perpetrator and do not face current threat; or those who are unaware of the abuse they have experienced, usually non-physical violence such as psychological abuse, emotional injury, threats, intimidation, gaslighting etc.
Before meeting the client, consider the following concerns:

If you are unsure, err on the side of caution.  Research shows that DV survivors face the highest risk of violence when attempting to leave an abusive relationship.  Remind the client about safety precautions, ensure that the very act of coming to see you does not expose the client, you, or your team to greater danger (eg, being tracked or followed).

You’re a lawyer, not a mental health professional or shelter provider.  Be clear about the aspects of the case you can assist with — typically protection orders, injunctions, divorce or custody proceedings and coordinating with other agencies. 

Check if the client has a support system.  If not, help connect them with non-governmental organisations (“NGOs”) or crisis centres.  Most NGOs have websites with DV information available with emergency contact numbers.  Keep a list of reliable referrals handy.

This comes hand in hand with understanding DV-related laws.  Under the Domestic Violence Act 1994 (“DVA”), “domestic violence” goes beyond physical violence.  Be familiar with the DV definitions under Section 2 of the DVA, its scope of application to only legally recognised family relationships, where cohabitees and unmarried partners fall outside its protection but former spouses, de facto spouses and certain other family members are within its scope.

Do note that the DVA must be read together with the Penal Code or any other written law relating to DV offences.  This means an abusive act defined by the DVA must correspond with an offence under the Penal Code, such as causing hurt, criminal intimidation, wrongful restraint or confinement, or offences under other written laws such as the Child Act 2001, Sexual Offence Against Children Act 2017 and Communications and Multimedia Act 1998.

If safe, hold the meeting in person.  Create a quiet, private, non-threatening environment.  Clients may arrive accompanied by family or friends.  Before proceeding, check if they feel comfortable speaking openly in their presence. 

It is often easier to handle the meeting by first explaining your role, the aim of the consultation and how you may assist.  Do not judge!  It is common for DV survivors to feel trapped in an abusive relationship and unable to find the strength to escape.  They may lack financial means, fear retaliation, worry about the safety of their children, parents or others close to them, fear the loss of income or social stigma.  Sometimes, the client simply has no confidence in themselves and feels powerless against their perpetrators. 

Be empathetic.  Understand that it takes a great deal for clients to even consider leaving an abusive relationship, let alone build up the courage to consult you.  Acknowledgement and empowerment go a long way in helping you build rapport and trust, as disclosure may not happen immediately. 

Be patient, even if clients initially deny experiencing DV.  Some DV survivors have become so accustomed to abuse or have normalised abusive behaviours over time.  Ask open-ended, non-judgemental questions.  Allow the client time to reflect and recall.  Always reassure the client that your office is a safe space and that their information is absolutely confidential.  Remember — this is not the usual question-and-answer session that lawyers are used to.

If the client reports physical violence or a risk of immediate danger, encourage the client to lodge a police report.  Police reports serve not only as a trigger for criminal investigation, but also as essential documentary evidence for an interim protection order application under DVA.  If the client is hesitant, assess the reasons together and assist where you can.  However, remember that lawyers are only there to advise, and we cannot save anyone who is not ready to be saved.  Leave the door open, and do not pressure.
 

In situations where medical treatment is needed, consider going to a hospital with a One-Stop Crisis Centre[1] (“OSCC”) or whether the case would trigger Suspected Child Abuse and Neglect[2] (“SCAN”) investigations.  These policies coordinate medical, legal and welfare responses in cases of domestic violence and child abuse.  If you continue to act for the survivor, be prepared for numerous follow-up calls and coordination with the police and these agencies.

DV work can be consuming.  It is often challenging to maintain professional boundaries while being empathetic.  Stay alert to signs of vicarious trauma or burnout in yourself and your team.  Regular debriefing, peer support or even therapy can be helpful.

This article barely scratches the surface of what it takes to navigate domestic violence cases.  Lawyers who take on DV work must recognise the crucial role they play — not just in providing legal remedies, but in empowering survivors, protecting children and helping to prevent further harm.

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