Case Study ::
Domestic Violence and Child
Case
Catherine: case
study in child and domestic violence
cases.
Catherine (names
have been changed)
35, wrote to us:
‘I would be interested in taking part in
your pilot. I have two cases coming up and am divorcing my
husband because of domestic violence. My life is in great turmoil
but I am trying to act as strong as I can for the lovely
children I have. Any help I can get would be gratefully
received.’
At a meeting between Catherine, communication
expert Shelagh Goldie and divorce
coach Kirsten Gronning, Shelagh focused on explaining
the court process and what potential outcomes might be.
Catherine was helped to face her potential worst outcome
(the judge orders the father can have the children to stay
overnight) and to understand that for a court to keep a
father from seeing his children is a big decision - one
where Catherine will need very good evidence to support her
case.
Shelagh asked Catherine how she will feel and how
might she behave if this happened. They agreed to talk on
the phone and put some strategies in place to help with
these fears before the hearing. It was also underlined that
regardless of the outcome, Catherine needs to feel she did
the best she could.
Two weeks before the
hearing Catherine and Kirsten spent one and a half hours on
a court familiarisation visit.
Catherine wrote:
"I now have a mental picture of
getting into the building... I know how it looks, I feel more
confident now. The lawyers are calm and polite – completely the
opposite from what I expected. I know now to keep calm and to
the point, like you told me in our first session. I can
understand that now. I feel as if I have my
dignity.”
Endless proceedings followed, and Shelagh kept up the
support calls
. Catherine remained strong despite her husband’s abusive
behaviour. Catherine
wrote:
“Thank you for your call. …I feel emotionally
and financially drained by the whole experience, but am
trying to keep positive and forward facing (and not try to
look down!!!) Thank you for all your support and for
listening and caring.”
Two months later Catherine managed to secure medical notes on
her husband which were very damning and spoke again with
Shelagh who prepared for her for the next hearing. She
focused on helping Catherine separate the facts from the emotions of the case, and
employed strategies to help Catherine present the facts of her
case.
By the time she was back in court, Catherine had gathered
sufficient credible evidence from the contact centre and social
workers to support her domestic violence allegations.
At
the end of the case she sent a text
message:
‘He was found guilty
on the threat to kill…Thank u all your help. Judge commented
on my ability to give evidence, which is down to u, so thank
u!’
A few weeks later she
wrote:
“Your service is truly valuable: it
helped me enormously during the fact finding and I was able to
put your good advice into practice. When I was in the court
room, I tried to use your coping skills and advice about how I
should speak; to ask for clarification; to repeat difficult
questions and most importantly, how to present myself by
keeping myself calm and my emotions suppressed during a highly
emotive situation.
Many people might think that it is easy
to keep calm, and eliminate their emotions but I found the
experience of the court room really tested me. To listen
to others discuss/question events that happened to me or Robert
was extremely difficult, at times I could almost feel myself
back in those situations (I guess a bit like flashbacks) and
because of the nature of the discussions I would feel quite
'battered and bruised' every time I walked out of the court
room. Luckily for me, I had good support with me at the
court and my Solicitor and Barrister ensured that conversation
about the proceedings were kept to a minimum (outside the court
room) to allow time for more light-hearted conversation.
I think that this also allowed me time to recover before going
back into court.
I can see myself using some of your advice with future CAFCASS
meetings. I really hope that the courts and lawyers see how
valuable this service is.”
Catherine’s solicitor was Sylvia Parsonage of
Parsonage and Co who wrote to us outlining her experience of
working with a client using our divorce support
service:
“Catherine had young children and the case
involved domestic abuse – she desperately needed support and
help to face the endless court hearings, and the emotional
strain she was under. The help she needed was
outside the
confines of my role as her lawyer. I could advise her on the
law, try to ensure she made the right decisions along the
way, and represent her and support her through court
proceedings. For matrimonial clients
though, this is often not enough. They need emotional
support. They often need more time
than they can
afford to pay for to ask questions of the system, to
mull over their choices and to come to terms
with what is happening to them. Shelagh and Kirsten provided
this support. Catherine often mentioned them to me when we
met. She seemed calmer, clearer in her thinking and more
informed about the real choices she had to make. She also
seemed less stressed about the “every day” issues she had to
deal with as she was contacted regularly by Shelagh and
Kirsten who helped her work through children issues, house
selling difficulties and how to cope generally. This made my
job with Catherine easier, as she did not look to me for
additional emotional support, rather she looked to me as her
lawyer which in
turn reduced her costs.
I was particularly impressed when Catherine gave
evidence and was cross examined. She stuck to her story, was
clear with her answers, unemotional and focused. Catherine
told me she had coaching from Shelagh and Kirsten about how
to handle the court experience; she had notes and exercises
to practice which would keep her focused on the facts rather
than the emotion of the case. This clearly had a very
positive effect.
The work Shelagh and Kirsten did with Catherine
saved her a significant amount of money in my fees. If I had
spent more time with her explaining the system, offering
support, or handling her tears, she would have
incurred more
costs. However it also worked for me as it saved
time on this case, allowing me to move on to the next fee
earning work.
Shelagh and Kirsten’s
work is an excellent addition to our legal service. It does
not compete, nor does it offer legal advice. It offers the
support we cannot give, which makes our work more effective,
and the client happier with the outcome, which is, after
all, what we all aim for.”
Catherine's case was
featured in the July 2008 issue of Resolution's family
law magazine The Review. Click
here to read the article called
'Preparing clients for
court'
It’s important to note that we prepare
clients for their experience in the family court and
under no circumstances do we rehearse the evidence, coach
or discuss the evidence or detail of the
case.
Why not
contact us
now and tell us how we can
help.
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