Waikato Law Review 4(1) 1996 : 1-57

This article presents the findings and conclusions of research that explored the interactions of women survivors of domestic violence with their lawyers, and the recommendations to lawyers as a result of these interactions. The study involved in-depth qualitative interviews with 15 non-Māori women who had been subjected to domestic violence, and interviews with lawyers who represent survivors of domestic violence. Firstly, the author briefly summarises the context of women's experiences: the legal process involved in obtaining non-violence and non-molestation orders, the histories of abuse that preceded the women's applications for these orders, the gender bias in the legal system and among lawyers, and the importance of safety to the women. The research findings, specifically related to legal representation are then presented, including initial meetings with lawyers, counselling and mediation, and other specific aspects of client representation. Finally, the author discusses the importance of support for women during the process of representation, and of training for lawyers in the dynamics of domestic violence. An important caveat to consider is that the research was conducted while the Domestic Protection Act (1982) was in force. Therefore, in some instances the findings will be specific to practice and procedure under that Act. Some of these practices and procedures have changed under the Domestic Violence Act (1995), and where appropriate, the article makes note of these changes and of the likely impact on the findings that are presented.