For many junior family lawyers, the first domestic abuse case is usually one of the most challenging. As a solicitor apprentice, I have found that these matters require far more than an understanding of procedure. They demand empathy, careful communication, attention to safeguarding, and an awareness that the client may be experiencing significant trauma and uncertainty.
The Domestic Abuse Act 2021 broadened the statutory definition of domestic abuse, recognising that abuse is not limited to physical violence and can include controlling or coercive behaviour, economic abuse, emotional abuse, and threatening behaviour. It does not matter whether the behaviour consists of a single incident or a course of conduct. The Act also acknowledges the impact domestic abuse can have on children as victims.
For junior lawyers approaching these matters for the first time, here are some practical tips that can help build confidence while ensuring clients receive the support they need.
Listen before you advise
When we are new to practice, there can be pressure to identify legal solutions quickly. In domestic abuse cases, however, listening is often the most important first step.
Clients may find it extremely difficult to describe their experiences. They may minimise what has happened, repeatedly apologise, or struggle to explain events chronologically. This is because trauma can affect memory and communication.
Allowing clients time and space to tell their story often provides a clearer understanding of both the legal issues and the immediate risks. It also helps build trust at a time when many clients feel vulnerable and as though they have lost control over important aspects of their lives.
Early in my career, I have sometimes felt pressure to find solutions quickly. However, these types of matters have taught me that listening carefully is often the most valuable place to start.
Understand that abuse is not always obvious
Many junior practitioners expect domestic abuse cases to involve allegations of physical violence. While this may be the case, some of the most complex matters involve patterns of controlling or coercive behaviour.
A client may describe having their finances monitored, being isolated from friends and family, being subjected to repeated intimidation, or having technology used to track their movements. These experiences can have a profound impact without leaving visible evidence.
Keeping an open mind and asking sensitive, non-leading questions can help identify issues that may otherwise be overlooked.
Prioritise safety and safeguarding
It is important to remember that family proceedings may not be a client’s only concern. For some individuals, personal safety is the immediate priority.
Junior lawyers should familiarise themselves with internal safeguarding procedures. Issues such as safe methods of communication, confidentiality of addresses, and urgent protective measures can be just as important as the substantive legal application itself.
As a junior lawyer, this has reinforced the importance of seeking guidance from more experienced colleagues whenever safeguarding concerns arise. Learning when to ask questions is just as important as knowing the answers.
Recognise the emotional impact on yourself
One aspect of domestic abuse work is the impact it can have on junior lawyers. Reading witness statements, hearing accounts of abuse, and supporting distressed clients can be emotionally demanding. It is normal to feel affected by what you hear.
Regular supervision and peer support can help maintain resilience. Speaking to colleagues about challenging cases can provide valuable perspective and reassurance.
Looking after your own wellbeing ultimately helps you provide better support to clients.
Remember that you are part of a wider support network
Family lawyers play an important role, but they are rarely the only professionals involved.
Clients may also be receiving support from domestic abuse charities, counsellors, mediators, health professionals, or the police. Understanding the broader network around the client can help ensure a more joined-up and effective approach.
For junior lawyers, it is reassuring to remember that you do not need to have all the answers yourself. Good practice often involves recognising when other expertise is needed and helping clients access appropriate support. This has been one of the most reassuring lessons for me as an apprentice.
Final tips
Domestic abuse matters can feel daunting when encountered for the first time. However, they also provide an opportunity to make a meaningful difference during some of the most difficult periods of a client’s life.
Although I am still at the beginning of my career, domestic abuse matters have already shown me the importance of compassion, careful listening, and recognising the limits of your own experience. Technical knowledge is important, but empathy and communication are equally valuable.
By approaching these cases with an open mind, seeking guidance when needed, and keeping the client’s safety and wellbeing at the centre of your practice, junior lawyers can gradually build the confidence to handle these sensitive matters effectively.
As a solicitor apprentice, one of the main things I have learned is that clients often remember how they were treated as much as the advice they received.
By Molly Walton, Solicitor Apprentice, Irwin Mitchell
Molly is a member of Irwin Mitchell’s Domestic Abuse Team of Excellence
Resolution members can find more detailed guidance in Resolution’s Good Practice Guide on Domestic Abuse, which expands on many of the practical themes discussed here, including recognising different forms of abuse, trauma-informed practice, safeguarding and working collaboratively with other professionals.
Read the Good Practice Guide on Domestic Abuse
