Lawyers Manual - Unified Court System

Danger and Safety 29
however, is not always feasible. A situation may require immediate attention.
You may not have the time to wait for a consultation or your client may not
want or be able to talk to anyone else. As her lawyer, you may be her only
practical source of information.
The first step you can take — after asking her if she feels safe — is to say
that you are worried about her and that you think she may be in some danger.
You may be confirming something she fears or alerting her to something she
may not fully realize. She may deny the danger. In any case, the fact of
communicating your concerns may be helpful.
If she is living with her abuser, you can help her analyze the dangers of
staying and the dangers of leaving. 12 She may have thought through the pros
and cons fairly thoroughly, and undoubtedly she knows a great deal about
staying safe, but you can make suggestions she might not have considered.
You can ask if she has thought about what to do if an argument erupts, and you
can suggest she avoid the kitchen, the bathroom and other places where potential
weapons like knives are readily at hand or where escape would be difficult.
As long as she remains under the same roof as her abuser, she probably should
formulate plans for an emergency escape. You might suggest that she find a
safe place outside of her home for money, extra keys, a spare credit card and
documents, such as birth certificates or immigration papers. If possible, she
should identify a friend or a relative who has a home where she can take refuge.
You can help her acquaint herself with domestic violence hotlines and local
agencies. You should also discuss with her the pros and cons of calling the
police. If she thinks making the call herself will enrage her abuser and put her in
more danger, she may be able to ask a friend, neighbor or relative to call for her.
If your client is thinking about leaving, she should plan carefully, since
separating from an abuser increases the risk of violence. You can talk through
the steps she might make to ease the transition. Opening a bank account, getting
a credit card, keeping lists of important phone numbers, making copies of
documents such as birth certificates, medical records, immigration papers;
talking to friends and family about helping out with a place to stay or money;
and moving a few essentials, such as clothes for herself and her children, into
a temporary home are all the kinds of things she should consider. How to keep
her plans secret might be another topic to discuss. Carefully planning the actual
departure is always important; leaving when her abuser is not around may save
her from a difficult or violent confrontation.
After your client has left her abuser, she has another set of safety concerns.
Getting an order of protection may — or may not — be helpful, and you might