Organization Offers Expert Witnesses for Cases
Involving Domestic Violence
HELENA- Montana attorneys representing victims of domestic violence can now access an effective - and affordable - tool when building their cases: Expert Witnesses in Domestic Violence. Responding to concerns raised by lawyers, judges, advocates, and victims, the Montana Coalition Against Domestic and Sexual Violence (Montana Coalition) has started a program that will provide a pool of experienced advocates trained in courtroom procedure. Their services will be free-of-charge for attorneys working pro bono on behalf of an abused client.
The Montana Coalition and its membership, which includes the Montana Legal Services Association (MLSA), hope that making expert witnesses available will address a long-time need in family law cases.
"Even though domestic violence is so prevalent in our society, no one wants to acknowledge its existence," said Beth Satre, public policy specialist for the Montana Coalition. "As a result, judges can have a hard time separating fact from manipulation. Domestic abuse is criminal behavior, but batterers try to shift the blame to their victims, and they can be awfully persuasive."
Montana's Rule of Evidence #702 allows testimony by experts, "If scientific, technical, or other specialized knowledge will assist the trier of fact to understand the evidence or to determine a fact in issue." Amy Hall, managing attorney for MLSA's Domestic Violence Unit believes that many judges will welcome this new resource.
"Judges are required to be knowledgeable in so many areas of the law," notes Hall. "I think they will appreciate a witness whose testimony can help them better understand the cycle of abuse, how damaging emotional and psychological abuse can be for both the victim and any children in the relationship, and how few options victims feel they have."
Using advocates as witnesses is not unprecedented in Montana courts. Attorneys have often brought a local advocate to the stand.
"Many advocates have specialized expertise in the dynamics of domestic violence and understand the many ways batterers - behavior can affect their victims, " said Satre. "They have a wealth of knowledge: they've been working in the field for years, they've attended countless trainings, and have, in turn, provided trainings at the local and state level."
The four advocates who are currently part of the Montana Coalition's expert witness pool have one additional qualification: they have received training specific to legal proceedings. Offered by the South West Center for Law and Policy, based in Tucson, Arizona, this training instructs advocates how to present their knowledge to the court and establish their credentials so that a court will qualify their testimony.
Using expert witnesses in domestic violence cases will allow attorneys to bring educational testimony into a court proceeding without the opening the door to privileged communications between a victim and her advocate.
Call the Montana Coalition at 888-404-7794 for more information or to contact an expert witness.
This article was submitted to the Montana State Bar Association for publication in their March 2004 issue of The Montana Lawyer