Author: Peggy J. Patty, Director of Illinois Coalition Against Domestic Violence Legal Institute
Last updated: July 2007

Statistics have shown that a victim is the most vulnerable when they attempt to leave their batterer and/or seek legal assistance.  It is imperative that you are alerted to the increased likelihood of violence during this period.

There are emergency shelters available that provide both shelter and expertise in safety planning.  For a domestic violence program nearest you, call the National Domestic Violence Hotline at 1-800-799-SAFE (7233), or click on the link below for a list of Illinois shelters, organized by county.

Illinois Coalition Against Domestic Violence, Domestic Violence Programs

If you or the client are in immediate danger, dial 911.

Attorneys should be aware that their clients may require assistance in developing a safety plan and should assist in developing a survival plan for at home, at the workplace, and in court.

Attorney Contact with the Victim/Client

It is imperative that your client’s contact with you remains confidential and secretive. Attorneys should determine from the client whether or not it is safe to call them at home. Even if you determine it is safe, all of the following necessary precautions should be taken when calling: 

• You should ask to speak only to the client when calling;
• You should not leave messages with anyone or leave messages on an answering machine unless you know it or that person to be absolutely safe;
• Whenever you call you should always ask the client if it is safe to talk and whether they need help. Develop some sort of system whereby the client can signal you that the batterer is present so that the call can be terminated without causing suspicion;
• If available in your area, you should block identification of your phone number when calling. In this way, the batterer cannot determine who has called into the home by using "caller ID." In Illinois this can be done by dialing “*67” before you dial the client’s number;
• The client’s address should not appear on any court documents, unless their address is already known.   Batterers often track down their victim through third party information;
• Help your client develop an excuse to be gone for when they have an appointment with you;  
• Advise your client to keep their children in the dark, as well, in order to prevent the batterer from discovering their activities;
• Keep your client informed of all legal developments especially when the batterer is about to be served or when a hearing has been scheduled. They may have greater risk surrounding them at these time periods.

Safety in Court

Exercise the following safety precautions in the courtroom:

• You should arrive at the courthouse before the client whenever possible and meet the client as she arrives. If that is not possible, you should direct your client to wait near a security guard or a bailiff until your arrival;
• Advise your client to keep their distance from the batterer at the courthouse. Try and make sure you position yourself between the client and the batterer. Batterers often exercise control and can be very threatening to their victim simply by using body language. Whenever possible keep your client out of their sight;
• Advise your client to not speak to the batterer; 
• Make your client aware that it is not uncommon for the batterer to assault or physically abuse members of their family in court. Try and ensure that your client’s friends and family take similar precautions. It is also not uncommon for the batterer's family members to assault or physically abuse the victim and their family members in court. Again, exercise caution and take the necessary steps to ensure their safety; 
• When leaving the courthouse, make certain your client is escorted. Do not leave them alone!

Other Safety Concerns

Attorneys should assess the batterer's lethality (chances of killing someone). Your client has an increased risk of being severely assaulted or killed by the batterer if the batterer:

• Possesses weapons
• Uses drugs or alcohol
• Has a history of violence and/or violent crimes
• Has a history of violating court orders/probation/conditional discharge/etc.
• Has made threats
• Has ever used a weapon
• Has a history of strangling the victim
• Has made threats, displayed a weapon, or engaged in physical abuse in the presence of others.  
• If the client is afraid the batterer may hurt or kill them.

After you and your client asses the safety risks and concerns, you can recommend some actions to your client as well. If necessary, your client may be able to stay at a shelter. For a domestic violence program nearest you, call the National Domestic Violence Hotline at 1-800-799-SAFE (7233), or click on the link below for a list of Illinois shelters, organized by county.

Illinois Coalition Against Domestic Violence, Domestic Violence Programs

Shelters also have a wealth of information on safety planning and can be a useful referral. 

An attorney should also assess other legal issues such as determining whether existing court orders may affect a custody case. And you should assess whether your client should "disappear" completely. If it is necessary for your client and their children to attain anonymity, you can assist them in changing their names and social security numbers. The local Social Security office is now mandated to help domestic violence victims collect documentation that can help victims change their Social Security number if their safety is jeopardized. Your local domestic violence agency can also be of assistance as well.

Safety Options for the Client

Safety at Home

The following are safety precautions for the client at home:

• Clients should, if possible, change their locks, add dead bolts, and obtain an apartment that is not on the first floor; 
• If a client and their attorney believe that the safety risk is high, new living arrangements including emergency shelter should be examined;
• Sharp objects and weapons should be removed from sight; 
• A telephone should be kept in a room that locks from the inside (like a bedroom); 
• If possible, a cellular phone should be obtained and kept on the client at all times with emergency phone numbers pre-programmed. Every cell phone, regardless of service, is able to call 911. Emergency cell phones can often be obtained from your local domestic violence program. 
• The client should obtain an unlisted telephone number and be selective about revealing it. In cases where a phone number must be revealed, or is already known, caller ID is a good way for a victim to screen out potentially distressing calls. It also provides excellent evidence in the event that criminal or civil contempt charges are filed; 
• Help the client plan an escape route from the home;
• Have them inform the children to not let the batterer into the home if they are not to be there; 
• If an Order of Protection has been obtained, a copy should be provided to the children's school or daycare facility. The Circuit Clerk can be ordered to send notice to the schools and/or daycare providers;
• The client can pack a bag and store it in a hidden place or with a relative/friend. Included in the bag should be a change of clothing for the client and their children, cash, court documents, identification (Social Security cards, driver's license, etc.), birth certificates, school and medical records, required medications, credit cards, checkbooks, insurance papers, bank books, telephone/address books, car/house keys, car title, mortgage information, marriage license, and/or divorce papers;
• Neighbors can be alerted to the possibility of an incident. A photograph of the batterer and a description of his vehicle can be provided to them with instructions to call the police if necessary;
• The client can develop signals with neighbors to call the police such as banging on the floor or wall, or flashing a front porch light. This however should not be the only line of defense for a client; 
• Suggest that they have a friend or relative contact them daily at a pre-designated time;
• If possible, they should try to trade vehicles with a friend or relative. Quite often batterers locate their victim by identifying their car;
• A client should alter your routes to and from work or school so the batterer is less likely to locate them.

Safety at the Workplace

The following are safety precautions for the client at work:

• The client should provide a picture of the batterer and a description of his vehicle to management and co-workers with instructions to call the police if necessary;
• If there is an Order of Protection, a copy should be given to the Human Resources Department;
• The employer can be asked to screen phone calls;
• Escorts can and should be provided in and out of the place of employment, particularly if the parking area does not have controlled access.

Safety Checklist

Precautions the Client Should Exercise:

• Plan an escape route from your home;
• Change locks on the doors at home and add dead bolts;
• Develop a safety plan;
• Keep a bag packed and hidden;
• Give your employer a copy of the Order of Protection along with a description of the batterer and his car;
• Inform your neighbors and give them a description of the batterer and his car;
• Alter your routes to and from work and school;
• Trade your car with a friend or relative.

Precautions the Attorney Should Exercise:

• Assess your client's danger. Do not be afraid to in terms of worst case scenarios;
• Use caution when contacting the victim by phone or mail;
• If you detect your client is in danger, call the police;
• Protect your client's confidential information;
• Keep your client informed of all legal developments;
• Assist your client in fleeing if necessary;
• Arrive at the courthouse ahead of your client and meet her;
• Keep the batterer away from your client in court;
• Take necessary precautions with the batterer's family members;
• Escort your client to her car when leaving the courthouse;
• Refer your client to appropriate resources based on your threat assessment.