Family lawyers cross-examining victims of intimate partner violence (“IPV”) gets little attention in legal ethics literature. To be sure, there is a considerable debate and body of scholarship focused on the conduct of lawyers acting in criminal sexual assault cases, much of which can be analogized to IPV. However, in the family law context there are usually multiple issues to be determined, including the well-being of a third party (i.e.: a child). There are serious problems in family law with abusive spouses self-representing to gain access to their former partner and directly questioning them about the abuse. But my concern in this post is with the lawyers, those who perpetuate myths about women and victims of IPV in response to a claim of family violence. Some lawyers may rely on myths and stereotypes to undermine the victim’s credibility, most often in parenting disputes. This can be seen in allegations that the victim is lying to gain a perceived advantage in the family law case and in counter-claims of alienation (see here and here). In this post I consider the myth that women who stay in abusive relationships are either irrational or lying about the abuse, and I consider possible options for preventing family lawyers from perpetuating myths.
Deanne Sowter (Tue,) studied this question.