Representing offenders of domestic violence who are also the victims

Understanding the vicious cycle:

I am often asked why do I represent people that commit family violence?

My answer is, it’s a vicious cycle: victims of family violence often develop behaviours and trauma that unconsciously drive them to do the same.

Doesn’t everyone deserve to have a voice and a second chance at life? How can you break the cycle of violence if there’s no one there to shine a light on your behaviour, protect you, and redevelop your sense of self-worth?

Case Studies: (NB content warning)…

One of my female clients was a victim of domestic violence. Her partner, through his emotional abuse, convinced her she wasn’t worthy of living and too unattractive to ever be loved.

She developed anorexia, was self-harming, and a drug addiction (to numb her pain). Her drug use, learned behaviour and trauma caused her to be violent towards her family. Another female client was so fearful of her life: her partner would physically assault her for any ‘mistake’ she made, resulting in serious injuries including head injuries.

She developed dissociation and psychosis from her trauma and in this latter state, killed her partner. The Court accepted she was not criminally responsible due to her defence of mental impairment.

Victims of domestic violence may sometimes resort to violence themselves for a variety of complex reasons:

1. Self-defence: In many cases, those who have experienced domestic violence may use violence as a means of protecting themselves from further harm. This can be a survival instinct in response to ongoing abuse.

2. Learned behaviour: Victims of domestic violence may internalise the abusive behavior they have experienced and may replicate it in their own relationships as a way of coping with trauma.

3. Psychological impact: Victims of domestic violence often experience trauma, anxiety, depression, psychosis, eating disorders and other mental health issues that can contribute to their use of violence as a coping mechanism.

4. Lack of support: those who have experienced domestic violence may feel isolated and unsupported, leading them to use violence as a way to empower or protect themselves.

5. Cultural or societal norms: Some may have been socialised to believe that violence is an acceptable way to resolve conflicts or assert dominance in relationships.

It is important to recognise that victims of domestic violence who use violence themselves may be experiencing complex and intersecting forms of trauma and may need support, understanding, and access to resources to address their underlying issues and break the cycle of violent crimes. 

Article by Lauren Cassimatis – Principal lawyer

Meet Lauren Cassimatis

Principal Lawyer, Director & Founder | Accredited Criminal Law Specialist Lauren is one of Victoria’s leading criminal lawyers and a Law Institute of Victoria Accredited Specialist in Criminal Law.

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