Toby Kleinman and Daniel Pollack
Women sometimes raise the issue of domestic violence during the pendency of a legal matter. (For ease of writing, and because most victims of domestic abuse are women, this article identifies the victim of abuse as “she, “wife,” or similar terms. Similarly, because most batterers are men, masculine pronouns are used.) It may be discussed when issues of child custody or visitation get raised or when the victim of domestic violence gets accused of being inappropriately protective of a child. It may surface, too, when the client changes attorneys. Sometimes, women mention violence early on in litigation and the attorney dismisses it or suggests not raising it in court. Men who commit domestic violence may be intelligent, polite, calm and cool in public yet still be violent at home. Believing that the person seen in court with a likable demeanor is a violent man is counter intuitive. So, what should an attorney do?
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