Defending Victims of Domestic Abuse

As a criminal defense attorney, one of the most challenging and critical types of cases you may encounter involves defending victims of domestic abuse. These cases are often far more complex than they first appear, involving deep psychological trauma, the long-lasting impact of abusive relationships, and legal systems not fully equipped to address the nuances of intimate partner violence (IPV).

In this post, I’ll discuss some of the most important factors defense attorneys need to consider when representing victims of domestic abuse and how to approach these cases with care, empathy, and a thorough understanding of the law.

1. Documenting the History of Abuse

When representing a victim of domestic violence, establishing a clear and documented pattern of abuse is often central to their defense. This includes not only showing incidents of physical violence but also emotional, psychological, and financial abuse. Evidence such as prior police reports, medical records, witness testimonies, or protective orders can help illustrate the ongoing nature of the violence and explain why your client acted the way they did.

2. Understanding the Psychological Impact

The psychological impact of prolonged abuse is profound. Many victims experience Battered Woman Syndrome (BWS), a condition that can explain why they may not have left their abuser or why they reacted in certain ways during the confrontation. BWS and other trauma responses are essential aspects of a defense strategy, and expert testimony can be a valuable tool in educating the court about how abuse affects a victim’s mental state.

It’s critical to present your client’s mental and emotional state, not as irrational or impulsive, but as a conditioned response to the repeated trauma they have endured. This trauma-informed approach allows the court to see the reality of living in constant fear and the impact of repeated violence.

3. Self-Defense and the Castle Doctrine

In many cases, self-defense laws such as the Castle Doctrine—which gives individuals the right to protect themselves in their own homes—can be relevant. However, traditional self-defense laws were not designed with victims of intimate partner violence in mind. As Rachel Louise Snyder, author of No Visible Bruises, pointed out, these laws often assume an outside attacker, not someone with an equal right to be in the home.

It is important to argue that the threat of violence from an intimate partner is different from a sudden attack by a stranger, and that the legal framework for self-defense should take into account the ongoing nature of the threat posed by an abusive partner.

4. Imminent Threat and Continuous Violence

One common misconception is that victims must be responding to an immediate threat to claim self-defense. In cases of domestic violence, the threat is often imminent but not necessarily immediate. Abuse victims live with the constant fear of violence, even if the abuser is not attacking them at that exact moment. It’s essential to make clear that the continuous pattern of abuse creates a sense of perpetual danger, where the victim may feel there is no safe time to act except during a moment of vulnerability for the abuser.

5. Cultural and Social Context

The power dynamics in abusive relationships are often shaped by cultural and social factors. Many victims of domestic violence are economically dependent on their abusers, which can severely limit their ability to leave or take action. Social expectations, gender roles, and cultural norms may also play a role in why victims stay in abusive relationships. These contextual factors should be highlighted in court to explain why a victim felt trapped or unable to escape, even when outside observers might believe they had options.

6. Criminalization of Victims: Failure to Protect and Accomplice Liability

In some tragic cases, victims of abuse may face charges for “failure to protect” their children from harm or even for crimes their abuser forced them to commit. Laws like “failure to protect” and “accomplice liability” can unfairly punish victims who were unable to leave or resist due to the abuse they were enduring.

Defense attorneys must be prepared to argue that the victim was in no position to protect others or refuse participation in criminal activity because of the abuse. The court needs to understand how an abuser’s control over a victim can extend beyond physical violence, affecting every aspect of their behavior and decisions.

7. The Importance of Expert Testimony

One of the most effective ways to educate the court on the realities of domestic violence is through expert testimony. Domestic violence advocates, forensic psychologists, and trauma specialists can explain the cycle of abuse, the psychology of battered women, and why victims may react in ways that seem counterintuitive to the average person.

Presenting this testimony is crucial to breaking down the myths and misconceptions jurors may have about abuse victims—particularly the notion that if they didn’t leave or report the abuse, they weren’t really in danger.

8. Educating the Jury

Jurors often bring preconceived notions about domestic abuse into the courtroom. They may not understand why a victim stayed with their abuser or why they didn’t fight back in more traditional ways. As a defense attorney, it’s essential to address these myths during voir dire and throughout the trial. Frame your client’s actions as those of a person trying to survive, rather than someone reacting in a calculated or premeditated way.

9. Post-Traumatic Stress and Duress

Victims of chronic abuse often suffer from PTSD, which can affect their decision-making and responses to stress. When relevant, it’s worth exploring the impact of PTSD or arguing that your client acted under duress, forced by their abuser’s control over them. This can help explain actions that may otherwise seem disproportionate or irrational.

10. Pushing for Alternative Sentencing

In cases where guilt is established, push for alternative sentencing options. Many courts are now recognizing that incarceration is not always the best solution for abuse victims, especially when their actions were a direct result of their victimization. Alternative sentencing, such as counseling or treatment programs, may be more appropriate and just in these cases.

Conclusion

Defending victims of domestic abuse requires a nuanced understanding of both the law and the psychological complexities of abuse. As defense attorneys, we must not only argue the legal facts of the case but also tell the full story of our client’s life and experiences. Understanding the dynamics of abuse, the long-lasting impact on victims, and the limitations of traditional self-defense laws allows us to build a defense that seeks true justice for those who have been trapped in violent relationships.

By approaching these cases with empathy, thorough documentation, and expert testimony, we can ensure that the justice system sees the full picture of the abuse our clients have endured, leading to fairer outcomes and, in many cases, a second chance at life without the shadow of violence.