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COVID's Effects on Family Law and What Practitioners can do to More Effectively Represent Victims of Family Violence

Posted on: Mar 18, 2022

Difficult times exacerbate family tensions. Victims of domestic abuse are even more vulnerable when the family is stressed by COVID and associated quarantines, isolation, difficulty finding child care, and financial hardship. Access to the court has been hampered by all of those factors. The family law docket in Orleans Parish has experienced a record number of domestic abuse filings since March of 2020. Family law practitioners report an ever increasing percentage of clients who seek expedited protection from family violence.

As practitioners, what can we do to more effectively represent victims of family violence? My own experience has taught me (sometimes the hard way) the necessity of staying abreast of changes in the law that affect domestic abuse litigation. Know what the Code of Evidence allows you to introduce into evidence concerning previous abusive behavior. Know how to navigate the LPOR forms. Know how to obtain police reports. Know how to obtain and use medical records. And, know that representing victims of domestic abuse can be challenging, exhausting and rewarding, all at the same time.

Most importantly, use emergency motions and petitions for ex parte relief wisely. Safeguard your integrity. Judges understandably sign many emergency orders out of an abundance of caution when abuse is alleged. But, the transfer of the custody of a child without a hearing is an extreme remedy which should be sought responsibly in appropriate circumstances. Frivolous filings clog the courts’ dockets, making it harder for real abuse victims to be heard. Experienced family lawyers should know how and when to seek ex parte relief concerning custody of a child. Just as importantly, they should know when not to.

About the Author...

Cindy Williams
Cindy Williams, APLC
Family Law Committee Chair