Lawyers Manual - Unified Court System

150 Judy Reichler
Safety in the Courtroom
Few people — even in the court — realize the risks a victim of domestic
violence takes when she seeks child support. Because your client may be
attempting, for the first time, to take control over an area over which her partner
has always had control, you must always prepare for the worst.
Inform the court personnel, especially the security officer, so they will be
alert and can let the judge or support magistrate know there is a possible
problem. Arrange for the parties to wait separately, if possible. In the courtroom,
be sure they are seated far away from each other — with as many obstacles
between them as possible. Make certain the security officer keeps an eye on
them during the hearing. Don’t hesitate to ask for a recess if it looks like the
abuser is getting restless or has a mood change.
Leaving the courthouse can create an opportunity for additional danger, if it
is not handled properly. While it is tempting to ask to have the abuser escorted
out while you and your client remain safely in the arms of the court, this is a
mistake. Always ask to have your client escorted from the courthouse first. If
possible, ask the officer to delay the abuser (maybe to go over papers) while
your client leaves the courtroom. It is important that your client leave first, not
the other way around. The reason is this: if he leaves the building first, he can
wait for her and stalk her. If she leaves the building first, she can be long gone
before he comes out.
Integrated Domestic Violence (IDV) Courts
Integrated domestic violence courts are available in several counties. These
courts are designed to handle multiple related cases pertaining to a single family,
where the underlying issue is domestic violence. Typically, a case in an IDV
court will involve a criminal matter, such as violation and misdemeanor family
offense cases and violations of orders of protection, and a family court case,
such as family offenses or custody and visitation disputes. As the model is
developing, support proceedings will be included, and the support portion of the
case will be heard by support magistrates.
If your case is being handled by an IDV court, the support case will be
flagged as involving domestic violence, and the support magistrate will be
specially trained to deal with the safety and control issues that will be present
in your case.