Family court is often the site of some of the most emotionally charged and difficult moments in people’s lives. Divorce, custody battles, domestic violence, child protection issues—these are not just legal problems, but human ones. For many individuals involved in family court proceedings, these experiences are layered on top of histories of trauma.
For many, by the time you have reached the family court there has been so much trauma in your life that the process seems almost too much to take. The family court is not a particularly trauma informed institution: to the contrary, it can often be dismissive of trauma and its impact on decision making and on the client participating in the process. It also can be quite dismissive of the trauma that children may be undergoing because of the circumstances surrounding a divorce or custody battle, or even the process themselves where their voices are often silent
What Is Trauma-Informed Care?
A trauma-informed approach recognizes the widespread impact of trauma and understands potential paths for recovery. It acknowledges the signs and symptoms of trauma in clients, families, staff, and others involved in the system. Importantly, it integrates knowledge about trauma into policies, procedures, and practices to avoid re-traumatization.
The Substance Abuse and Mental Health Services Administration (SAMHSA) outlines six key principles of a trauma-informed approach:
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Safety
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Trustworthiness and transparency
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Peer support
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Collaboration and mutuality
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Empowerment, voice, and choice
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Cultural, historical, and gender awareness
Unfortunately, as an attorney I am often charged with the unfortunate task of explaining to a client that although I understand their trauma, the family court is not equipped to address it in a trauma informed way, and that they are likely to encounter structures built into the institution that are breeding ground for re-traumatization. What I CAN do as an attorney is work to try to approach cases where a client or their children are experiencing trauma in a trauma informed way and try to help them navigate. What I often cannot do is retrain the system to be sensitive to their needs, which is frustrating for them and for me as a professional who wants to see the best outcomes for clients and their children.
What I will do to approach family cases where trauma is a factor: Attempt to empower my clients with information and options wherever possible, consider needs of children for self-efficacy, try to create a safe and nonjudgmental space, consider cultural/gender/sexual orientation factors that may impact the way trauma is experienced, and work together with clients to try to create positive outcomes.
I also will be honest with you about how the family court is likely to approach trauma and the facts/law around the case. I am not a lawyer who will try to re-traumatize you or extend trauma to churn a bill: the goal is to find a solution that is the least restrictive and harm-inducing.
If you need a lawyer who can approach your case understanding trauma and it’s implications, call for a free consult 856-227-7888.