The importance of understanding domestic abuse, trauma and the law when advising clients

A sound understanding of the law around and signs of domestic abuse and coercive control is essential not just for family solicitors, but practitioners across the profession, explains Helen Hughes.

In late 2014 I was asked to join the Scottish Women’s Rights Centre Advisory Board to provide advice and guidance on Civil Law matters.  At that point, I had been a solicitor for 27 years and had been representing clients experiencing domestic abuse since the beginning of my career.

As a newly qualified solicitor, I had seen how clients experiencing domestic abuse and coercive control presented in very different ways to other clients who were separating from their partners and that, as well as having a sound knowledge of the applicable laws, I had to understand how being in an abusive relationship was impacting on my clients and their children to ensure that I understood the challenges faced by them and that the advice I was giving was safe for them and their children.

In the pre-internet era, it was difficult to access information but, as the years went on, I was able to read research and publications which enabled me to understand that to experience domestic abuse and coercive control causes trauma, and that this trauma can impact on your client in significant ways.

When I joined the Scottish Women’s Rights Centre (SWRC) Advisory Board, I was already aware of the challenges women were facing in finding a solicitor who understood domestic abuse and the applicable law and could act for them on a Legal Aid basis.  I was often contacted by solicitors who were keen to understand the dynamics of domestic abuse better and how to navigate the various legislative provisions when seeking protective orders for their clients and representing clients in residence/contact cases.

Prior to joining the Advisory Board of the SWRC (a collaboration between Rape Crisis Scotland, the University of Strathclyde Law Clinic and JustRight Scotland), I had already provided training via the Family Law Association and other organisations on domestic abuse and the law and it was clear to me that solicitors wanted  to access training that provided them with guidance on the applicable law and also equipped them to understand and interact with their clients in a trauma informed way. I was also aware via organisations such as Women’s Aid that women experiencing domestic abuse were reporting that they were finding it difficult to obtain representation from solicitors whom they felt understood the dynamics of domestic abuse and how this impacted on them and their children.

I therefore began to work with SWRC to develop training that would provide solicitors with an understanding of domestic abuse, trauma and the law and equip them to better represent their clients.  Our first training event took place in May 2018 and was well received by those who attended.

SWRC and I then developed a two-day training course designed to educate solicitors on understanding the dynamics of domestic abuse and coercive control, interact with their clients in a trauma informed way and enable them to understand and apply the applicable law.

The two-day training course consists of Day One delivered by Scottish Women’s Aid and me when those attending receive information and guidance on understanding domestic abuse and trauma and how to interact with their clients in a trauma informed way.  Day Two is delivered by me and deals with the various legal provisions on protective orders, residence and contact and includes useful case studies where the law is explored and discussion takes place on how best to represent clients.

Style Writs are also provided to assist solicitors in acting quickly and effectively when raising court proceedings for clients experiencing domestic abuse.  Those solicitors who attend the training are also given the opportunity to appear on the SWRC Signposting Network so that women contacting SWRC can be re-assured that such solicitors have shown an interest in understanding domestic abuse by attending our training.

To date, approximately 200 solicitors have attended the training and have reported that they have enjoyed the training, and many have commented that they have changed their practices as a result of attending the training. Solicitors who appear on the Sign Posting network are also offered refresher training every two years.

On 21^st February 2025, I delivered training on understanding domestic abuse, trauma and the law to newly qualified solicitors, law students and paralegals. This training was well attended and well received by all who attended and will be run again later this year.

As a Family Law Solicitor with 38 years’ experience in representing clients who have experienced domestic abuse, I am firmly of the view that it is crucial that solicitors working in this field have a sound knowledge of the applicable law and a clear understanding of what domestic abuse and coercive control are and how these can impact on your client at every stage because of the trauma they and their children have suffered.

Solicitors advising such clients also need to be aware of the impact of vicarious trauma on them and develop practices which support them and their colleagues.  Advising clients who have experienced domestic abuse/coercive control is challenging work, but it is also a privilege to represent clients in such circumstances and assist them in navigating the legal processes to reach a safer place for them and their children.

I would urge any solicitors who are interested in accessing the training offered by SWRC to do so.  Our next two-day training course will take place on Friday 23^rd May and Friday 6^th June.  Spaces are still available and can be accessed via the following links:-        

• Day 2 – 23^rd of May: https://www.eventbrite.co.uk/e/1024726804457?aff=oddtdtcreator
• Day 1 – 6^th of June : https://www.eventbrite.co.uk/e/1024728760307?aff=oddtdtcreator

You can also access information about SWRC training on the website www.scottishwomensrightscentre.org.uk.

Helen Hughes has been a practising a Family Law solicitor since 1987, and a lawyer mediator since 2003. She is a partner in her firm Helen Hughes Family Law.