Content warning: this post includes descriptions of violence

LAO began developing its Domestic Violence Strategy by looking at our services through the lens of a client who has experienced or is experiencing domestic violence.

This is one in a series of posts exploring the legal needs of domestic violence clients.

More and more, people are representing themselves in court because they can’t afford to hire a lawyer. Statistics provided by the Attorney General’s office show that about half of the people who appear in Ontario’s family courts don’t have a lawyer at the beginning of their court proceeding.

Now, imagine you’re someone who’s either experiencing or has experienced domestic violence. You can’t afford a lawyer and you’ll have to face your abuser. Unlike in criminal court, there’s no possibility of having a lawyer appointed to cross-question you. You could end up looking into the eyes of your own abuser, under cross-examination if he chooses to represent himself.

Sara’s story

Let’s look at the example of Sara*, who was in an abusive relationship and had two children with her ex-partner.

Jack threatened to commit suicide and then attacked her with a knife. When Sara fled to her parents’ place, Jack then began to stalk her and applied for custody of their two children.

Jack would routinely wait for Sara outside of court, and because he was representing himself, he was allowed to interrogate her in court and further intimidate her.

Sara has been stuck in court proceedings for a year.

The big picture

A recent study by Rachel Birnbaum and Nicholas Bala found that one-third of self-represented women in family court have reported domestic violence issues. 132 participants surveyed had this to say about not having a lawyer:

• 34 per cent of self-represented women said that domestic violence victims don’t get adequate protection from the family justice system
• 34 per cent of self-represented women were also concerned about the lack of protection for victims of family violence, compared to only 20 per cent of women with legal representation
• 37 per cent of self-represented men don’t think that those who are accused of domestic violence get fair treatment in family court

What LAO is doing

Clearly, the cost of retaining a lawyer is too much for many women. At LAO, we’ve been exploring ways to start chipping away at this huge problem.

In May 2015, we made it easier for people experiencing domestic violence to get help from a family lawyer by expanding the financial eligibility guidelines.

This summer and into the fall, we’ll be meeting with domestic violence survivors, partners in the Violence against Women community and other legal or community service providers to develop a strategy to expand and improve legal aid services.

If you want to add something to this discussion, we strongly encourage you to reach out to us at dvs@lao.on.ca.

Together, we can work on solutions that ensure LAO’s services and programs reflect the needs of those who are experiencing domestic abuse.

*Not their real names. All personal examples in this post are based on composites of client experiences. LAO prioritizes client confidentiality, and only publishes client names and experiences when the client has provided consent, in writing.