The Role of Trauma in Family Law Cases

The vast majority of family law attorneys are well-trained in the law, can zealously represent their clients in court, and often show compassion to their clients. Yet, even the most well-intentioned family law attorney can be woefully ignorant of the role of trauma in family law cases. At O’Connor Family Law, we take a different, more in-depth approach. We understand that trauma is central to many family law cases, and that is why we have made trauma-informed decision making and client care a focus for all of our family law attorneys. This means we recognize how emotional wounds affect behavior, decision-making, and the legal process. These are the steps we have taken to become trauma-informed, and why it matters. 

What Is Trauma and How Does It Manifest In Family Law Cases?

Trauma is a psychological and emotional response to a distressing event. Some events can include abuse, loss, neglect, and violence. These events can have a lasting effect on a person’s mental and physical health, relationships, and their ability to function on a day to day basis. 

Trauma can result from a variety of events. However, it often appears in family law cases. Lawyers often meet clients during difficult times in their lives. In family law, clients often turn to attorneys during some of the most painful and destabilizing moments in their lives. Family law cases, such as divorce, custody disputes, and domestic violence, are often accompanied by trauma. These cases typically involve deeply personal issues that can disrupt a person’s sense of safety, stability, and identity. For example, the end of a marriage may bring feelings of grief, loss, and betrayal, while custody battles can heighten anxiety, fear, and uncertainty about the future. In cases of domestic violence, the trauma is often severe and long-lasting.

On top of the trauma of the event, there can be trauma from the legal process itself. Clients may have to:

• Relive traumatic events in court or during depositions. 
• Face their abuser in mediation or in hearings
• Navigate high-conflict interactions that can trigger fear, anger, dissociation, or emotional shutdown.

That’s why a trauma-informed approach isn’t just helpful- at times it can be essential. 

What Is TF-CBT Certification?

TF-CBT stands for “Trauma-Focused Cognitive Behavioral Therapy.” Many people have heard of Cognitive Behavioral Therapy (CBT). CBT is a widely used form of talk therapy that helps people identify and change negative patterns of thinking and behavior. It is based on the idea that thoughts, feelings, and actions are closely connected, so changing thoughts can influence emotions and behaviors. Trauma-focused means looking at the impact of trauma on behavior. By understanding how trauma affects behavior, one can better understand how to change it, because it becomes clear that trauma must be addressed before any behavior can be altered. 

Trauma-Focused Cognitive Behavioral Therapy (TF-CBT) is an evidence-based treatment designed to help individuals recover from trauma. Developed by Drs. Judith Cohen, Anthony Mannarino, and Esther Deblinger, TF-CBT has been rigorously tested over 30 years, with 25 randomized controlled trials showing it is highly effective in reducing trauma-related symptoms. TF-CBT successfully addresses PTSD symptoms, as well as depression, anxiety, and behavioral issues.

The course offers practical insight into how trauma shapes the way clients think, feel, and engage with the legal process. Attorneys learn to identify trauma responses such as fear, withdrawal, anger, or indecisiveness. They also understand that these responses are not necessarily barriers to representation but an invitation to connect and provide superior legal representation.

Attorney Mariel Greene, a family law attorney specializing in high-conflict litigation, employs a client-centered approach and recognizes the role of trauma in her legal advocacy. She obtained her Level 2 Certificate for Trauma-Focused CBT. This is accredited through the Association for Psychological Therapies.  

Trauma-Informed Family Law Attorneys Are Better Attorneys

Besides being more compassionate and understanding, trauma-informed family law attorneys are often more effective attorneys.

National expert in trauma-informed legal advocacy Professor Sarah Katz has done extensive research on trauma-informed lawyering. She has defined trauma-informed lawyering as an approach that centers the client’s trauma experiences, adjusting legal strategies accordingly, and emphasizes the importance of self-care for practitioners to mitigate vicarious trauma. She has identified key components of trauma-informed lawyering: recognizing signs of trauma, modifying the attorney-client relationship to foster trust and safety, and adapting litigation strategies to avoid re-traumatization. Katz argues that attorneys who are trauma-informed have greater empathy, enhance their advocacy skills, and better support clients who have experienced trauma.

How Trauma-Informed Legal Advocacy Will Help You

You’re Met with Compassion, Not Judgement 

Trauma-informed legal practice begins with a foundation of compassionate, nonjudgmental support. Clients are not blamed or dismissed for their emotional reactions; rather, their experiences are validated. We believe that this creates a safer environment in which trust can grow between the attorney and the client. 

Your Attorney Will Meet You Where You’re At

As in any relationship, trust is fostered between attorney and client through open communication. Trauma-informed attorneys will meet clients where they are emotionally. Whether a client is anxious, shut down, angry, or struggling to make decisions, trauma-informed attorneys use language and strategies that reduce stress and help clients feel heard and respected. 

You’re Better Prepared for Stressful Legal Moments

Understanding how trauma can affect memory, behavior, and emotional regulation allows attorneys to prepare clients more thoroughly for high-stress legal moments like testimony, depositions, and custody evaluations. Clients feel more confident, in control, and ready to participate in their own cases when they are prepared for these moments by trauma-informed lawyers.

You Receive Holistic Support 

We also understand that, while we provide a service to our clients, they often require assistance beyond what we, as family lawyers, can offer. Clients are connected to therapists, support groups, or other healing resources as needed because healing and stability can directly influence the course and success of a legal case.

Contact a Trauma-Informed Family Law Attorney

Because family law cases deal with some of the most vulnerable and emotionally charged moments in a person’s life, it is essential to understand that trauma is not merely a side effect of the legal process, but is central to the client’s experience. Trauma-informed family law attorneys understand that not considering the role of trauma will lead to poorer advocacy, suboptimal outcomes, and legal representation that is simply not compassionate. A trauma-informed approach ensures that clients feel heard, respected, and empowered throughout the legal process.