TORT LITIGATION

• Bring a camera to your first meeting with the client. With her permission, ask a third party (who can testify at trial) to take photographs of any visible injury or scar. Make sure to include at least one picture of the victim's face and label the photo with her name, photographer's name, and the date.
• Ask if there are other existing photos (possibly taken by police, medical personnel, or a victim's program).
• Locate all physical evidence including torn/bloody clothing, weapons (knives, candlesticks, telephone receivers, etc.) or damaged property.
• Locate evidence of 911 calls to the police, arrest reports, protection orders, and applicable medical records.
• Check federal/state criminal records for arrest and conviction reports on the offender.
• Ask if the client suffered any physical injury/disability.
• Ask if, since the violence, the client has had any physical symptoms (headaches, stomach problems, chest pain, etc.) These are legitimate physical symptoms.

VICTIM IMPACT STATEMENT - QUESTIONS TO ASK:

• How has the violence affected her life, the lives of her children, or other family members? What impact has it had on her relationship with others?
• Has the violence changed the ways the victim relates to people at home, work, or socially?
• Has the victim (or her children) been unable to sleep or eat since the violence? Does the victim have recurring nightmares or fears about leaving her home?
• Has the victim's daily routine changed since the violence?
• Has the victim changed jobs or moved because of the violence?
• Has the victim's performance at work or school changed because of the violence?
• Has the victim sought counseling since the violence?

DETERMINING FINANCIAL DAMAGES - QUESTIONS TO ASK:

• What was the value of any property lost, stolen, or destroyed by violence? Was it insured?
• If the victim felt the need to move and did, what was the cost involved? (Include costs to break prior lease, sell home, stay in a hotel, motel, or shelter, change locks, install or maintain security systems, transfer to an unlisted phone, or reconnect utilities disconnected because of partner's action or failure to pay).
• Did the victim lose any wages, income, perks, promotions or job because of the abuse or missed time at work?
• Were there any medical, hospital, or counseling expenses because of the violence?
• Were there expenses for the victim's children around the issues of counseling, tutors, costs associated with supervised visitation, extra transportation costs around visitation, etc.?
• What legal fees, court costs, filing fees, cost of service, or finding fees were incurred? (Include costs of returning children if they were kidnapped by the perpetrator).
• Can the victim think of any other losses because of the violence?

*** If the victim has children with the abuser, study the child custody statute in your jurisdiction to see whether evidence of domestic violence is a statutory factor in determining custody of minor children.

Often when couples are involved in legal proceedings domestic violence escalates. A protection order may help in some cases. These two links may offer some alternatives or insights.

• Assessing character types, (how safe are you?)
  Assessing whether batterers will kill and signs to look for in a battering personality.

• Personalized safety plan for the abused
  A print ready page that lists steps and items to prepare in case a speedy escape is required.

For more information , or if you think

your client may need counseling, contact:

	Family Refuge Center 117 E. Washington Street P. O. Box 249 Lewisburg, WV 24901 304-645-6334 Pocahontas County dial: 799-4400 Monroe County dial: 772-5005 frc@familyrefugecenter.com
We can not guarantee your confidentiality or safety if you use the internet to contact us. Someone may be able to access or read e-mail to us or you. Please call or write if you need total secrecy

Thank you for your time.

This page has been accessed times since July 31, 2000.

This page was created Nov 30,1997
By Michael Condon
Last Update: July 31, 2000
If you have any questions or comments about this page, send e-mail.