Sunday, July 17, 2011

Are Courts Fair To Abused Women?

Recently I went to court for a custody hearing.  The woman I saw there was typical of clients that I see that are abused, some physical, some psychological.  These women have been intimidated for years.  It takes a lot of courage and planning for them to leave the man and step out on their own, especially when children are involved.

I was shocked to see what seemed to me a grossly unfair hearing.  The man was represented by a lawyer, and the woman had no one.  The lawyer had studied law for years; he knew the legal system inside and out.  He was taking notes.  He objected when he knew that something was legally amiss.  Each parent had a chance to ask the witnesses questions, but she did not know what questions would be legally acceptable, whereas the experienced lawyer knew exactly what to focus on.  She did not know to object.  The lawyer knew exactly when to object.  As an outsider to the legal system, this struck me as grossly unfair.   

Questions came to my mind?  Where was the money coming from to pay for the lawyer?  Could it have been money better spent on the children?  Did the judge know beforehand that one would have a lawyer and the other not?  Or did the man lie about getting a lawyer?  Was it a surprise to the woman and the judge when the man showed up with a lawyer?  Should this thing be permitted?

They are just questions that come to my mind.  I do not know the outcome of the decision as I was unable to stay.  I can only hope the judge took into consideration that this woman was unable to be on the same legal par as the husband's lawyer.

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