“Keeping Dfsv Safety at the Centre in Legal Advocacy”: the Important Role of Lawyers in Achieving Safe Outcomes in the Family Law System
Tracks
Ballroom 3
| Tuesday, November 28, 2023 |
| 2:15 PM - 2:45 PM |
Overview
Angela Lynch, QSAN Inc & Pip Davis, Women's Legal Service NSW
Speaker
Ms Angela Lynch
Executive Officer of the Queensland Sexual Assault Network (QSAN)Secretariat
QSAN
“Keeping Dfsv Safety at the Centre in Legal Advocacy”: the Important Role of Lawyers in Achieving Safe Outcomes in the Family Law System
Abstract
The importance of the family law legal system in delivering just and safe outcomes to victims-survivors and their children is critical, especially when 80% of matters in the Family Court involve DFV. The NSW Law & Justice Foundation research found that most common legal problem faced by victim-survivors of domestic & family violence was family law, with victim-survivors being 16 times more likely (than those who are not victims of DFSV) to have a family law dispute with their ex-partner.
When the legal system fails to properly identify and respond to DFSV:
• the power of the perpetrator is condoned.
• the perpetrator’s violent actions and behaviour are vindicated (and he can be further empowered);
• the child and adult victim can be subject to ongoing abuse and violence; and
• more broadly, powerful messages are sent to the community about accepting and normalising violence.
Though domestic and family violence risk assessment is not a primary role for lawyers, lawyers must know and understand these principles and be able to identify and respond, especially to high risk factors, to understand trauma presentations and impacts and perpetrator tactics. Many lawyers are engaging with victim-survivors (and perpetrators) at separation, the most dangerous time and therefore upskilling lawyers is highly relevant to achieving safer client outcomes.
The presenters will speak to the unique position of lawyers in the service system response in providing safer outcomes. They will speak to a training course they developed and have delivered covering DFV risk screening, risk assessment, risk management and its importance in training lawyers to think practically about safety and translate their knowledge into legal advocacy, to achieve safer decisions for victim-survivors and their children.
The presentation promotes an integrated response to DFSV and the need for lawyers and DFSV and community workers to collaborate and work together in the interests of client safety
When the legal system fails to properly identify and respond to DFSV:
• the power of the perpetrator is condoned.
• the perpetrator’s violent actions and behaviour are vindicated (and he can be further empowered);
• the child and adult victim can be subject to ongoing abuse and violence; and
• more broadly, powerful messages are sent to the community about accepting and normalising violence.
Though domestic and family violence risk assessment is not a primary role for lawyers, lawyers must know and understand these principles and be able to identify and respond, especially to high risk factors, to understand trauma presentations and impacts and perpetrator tactics. Many lawyers are engaging with victim-survivors (and perpetrators) at separation, the most dangerous time and therefore upskilling lawyers is highly relevant to achieving safer client outcomes.
The presenters will speak to the unique position of lawyers in the service system response in providing safer outcomes. They will speak to a training course they developed and have delivered covering DFV risk screening, risk assessment, risk management and its importance in training lawyers to think practically about safety and translate their knowledge into legal advocacy, to achieve safer decisions for victim-survivors and their children.
The presentation promotes an integrated response to DFSV and the need for lawyers and DFSV and community workers to collaborate and work together in the interests of client safety
Biography
Angela Lynch is a lawyer and the Secretariat for QSAN which is the peak body for the 23 specialist sexual violence specialist services in Queensland and is also the Advocacy Manager for Full Stop Australia, a nationally focussed sexual violence and DFV service. She has extensive experience in working in the area of DFSV responses, policy and law reform, including 27 years at Women’s Legal Service QLD, with 5 years as CEO. She is a member of the Queensland Sexual Violence Prevention Council and of the NWSA family and sexual violence working group.
Pip Davis is the principal solicitor at Women’s Legal Service NSW and has substantial experience in working with victim-survivors of DFSV. She has worked in community legal centres for 20 years, the last 9 years at WLSNSW. Pip is a member of the NSW Law Society Family Law Issues Committee and the Greater Sydney Family Law Pathways Network and she is a member of the NSW DFV and Sexual Assault Council.
