Why survivors need lawyers
Legal advice is important.
Anyone dealing with a family law problem should have a lawyer. The issues that arise at the time of family breakdown are complex, feelings and emotions are running high and outcomes can have long-term implications for everyone, including the children.
This is especially so for women who leave abusive partners. In addition to the legal issues faced by anyone, these women face ongoing abuse, harassment and intimidation by their partners. Some abusers choose to represent themselves as a way to confront and intimidate their ex-partner. Trying to manage a family law case without legal representation can be a nightmare and can result in outcomes that do not reflect the legitimate safety concerns of the woman and her children.
Connect her to a lawyer
As much as possible, encourage women to speak with a lawyer to get the specific legal advice they need. For example, you could say:
“There are pros and cons to applying for sole decision-making for your children. I can review some of them with you, but then you should discuss them with a lawyer before you make a final decision about what you want to do. Only a lawyer can give you the legal advice you need to make the best decision possible for your situation.”
OR
“I am not a lawyer. I can tell you how the court system works and can give you some basic information about the family law issues you are dealing with, but I cannot give you legal advice. I cannot tell you what you should do. Only a lawyer can do that, so once you have some information from me, you should speak with a lawyer.”
The provincial/territorial resources include court-related services that will help you connect women to lawyers.
When a lawyer is essential
Critical times for which a lawyer’s input is essential:
- When an agreement must be signed by the woman and her abusive ex-partner, such as a separation agreement, minutes of settlement and mediation settlements
- Any agreement entered into with child protection authorities
Her legal team
Encourage the woman to think of you and her lawyer as a team. Explain your two roles to her.
“My role is to support you throughout your family law case. I can:
- give you information about family court process, basic information about family law issues
- help you with safety planning
- assist you in putting together information about the abuse you have experienced
- help you prepare for and debrief from meetings with your lawyer, and
- refer you to any other services you might need.
I am not a lawyer and I cannot give you legal advice.
Your lawyer:
- will collect detailed information about your family and situation from you
- find out what legal outcomes you want
- give you advice about what legal options are and are not available to you, and
- then handle your case.
I can help you have a productive relationship with your lawyer by:
- assisting you prepare for your appointments
- helping you do the follow up work your lawyer asks you to do
- giving you emotional support, and
- advocating for you when you ask me to.
Our roles are very different, but they complement one another so that you can get the best possible outcomes in your case.”
We’ve provided a resource to help women and workers understand the roles everyone plays when a lawyer is involved.