Domestic Violence Expertise for Complex Litigation
Domestic violence and coercive control can shape every stage of litigation, affecting a client’s safety, decision-making, communication, finances, parenting, and ability to participate effectively in the legal process. These dynamics are not always apparent from isolated incidents or the written court record, particularly when the abuse is primarily nonphysical or continues after separation.
Victims’ Safe Harbor Foundation provides team-based domestic violence consulting to attorneys handling family law and other matters involving coercive control, post-separation abuse, abusive litigation, child abuse, and related safety concerns. Our team helps outside counsel recognize relevant patterns, understand how abuse dynamics may affect the client and the litigation, and integrate that knowledge into case preparation and strategy.
VSHF’s Domestic Violence Expert Consulting service gives attorneys access to the team’s trauma-informed, interdisciplinary knowledge without adding VSHF as counsel of record or retaining a testifying expert. The scope may be tailored to a specific issue, stage of litigation, or body of records and will be defined in writing before work begins.
How VSHF Can Support Counsel
Case Analysis and Education
Our team helps counsel identify patterns of domestic violence, coercive control, post-separation abuse, and abusive litigation; place isolated events within the broader history of the relationship; and understand how trauma and survival responses may affect a client’s conduct and presentation.
Litigation Strategy and Support
VSHF can review selected records, identify issues for further development, locate relevant research, and help counsel consider case theory, discovery, deposition preparation, client communication, parenting and safety provisions, and other litigation concerns through a domestic violence-informed lens, with an expertise in coercive control.
VSHF Team Consulting May Include
- Identifying patterns of domestic violence, coercive control, post-separation abuse, and abusive litigation
- Reviewing pleadings, court orders, communications, discovery, chronologies, and other case records
- Helping counsel understand conduct that may reflect trauma, protective responses, survival strategies, or the effects of coercive control
- Identifying conduct that may be mischaracterized as inconsistent, uncooperative, or resistant when considered without the broader history of abuse
- Assisting with case theory/strategy, issue identification, discovery planning, deposition preparation, and the development of direct- or cross-examination questions
- Reviewing parenting proposals, safety provisions, and other requested relief through a domestic violence-informed lens
- Identifying relevant social-science research, professional literature, and educational resources
- Consulting on trauma-informed client communication, preparation, and presentation
- Explaining how litigation itself may be used to maintain power and control, including patterns associated with Judicial Terrorism®
- Helping counsel determine whether an additional expert, evaluation, or specialized professional may be appropriate
Additional Option: Expert Witness Services
VSHF also offers the option of expert witness services through Dr. Donna King, Esq. Attorneys who believe expert analysis or testimony may be helpful may contact VSHF to learn more about the service, current availability, and whether it may be appropriate for the matter.
Expert witness services are separate from VSHF’s team consulting and require a separate conflict check, scope review, and written agreement. Depending on the engagement, the service may include expert analysis, a written report, deposition, or hearing or trial testimony concerning subjects within Dr. King’s education, training, research, and experience.
Engagement and Fees
Each consulting engagement begins with an inquiry from counsel, a conflict check, and a preliminary review of the subject matter, requested assistance, relevant deadlines, and expected volume of records. VSHF will then determine whether the matter is an appropriate fit for the team’s consulting service.
The scope, rate, required retainer or advance payment, and billing terms for consulting will be established in a written agreement before work begins. Consulting with VSHF does not create an attorney-client relationship between VSHF and the retaining attorney’s client unless VSHF separately agrees to provide legal representation in writing.
