What Is Trauma-Informed Lawyering in Family Law in BC?

Trauma-informed lawyering in British Columbia family law recognizes the deep impact trauma has on survivors and ensures that individuals escaping domestic violence are treated with compassion, dignity, and fairness. This approach seeks to correct systemic biases and improve safety within the legal process.

Trauma-informed lawyering is essential in BC family law because survivors of domestic violence continue to experience harmful treatment at the hands of front-line workers and legal professionals. It is disheartening to know and hear about many first responders and family law practitioners having not received trauma-informed training or they are just obviously not applying what they have learned. As a result, survivors often encounter judgment, stereotyping, and disbelief when they seek help. These harmful responses frequently stem from assumptions based on gender, age, race, immigration status, and socioeconomic background.

The consequences are significant. When front-line workers fail to recognize coercive control, gaslighting, or psychological abuse, they are dismissing the survivor’s experience simply because it does not fit their personal definition of abuse. Survivors have described being shut down at the very moment they reach out for help. Instead of being treated with respect and protected from harm, they are being blamed, told they are overreacting, or judged without justification.

This is especially true for racialized individuals or those with difficult childhoods, past adverse experiences or limited financial resources. These individuals are often viewed as easier targets for blame. Many professionals are still assuming that people from a “good family” or with a stable background cannot be abusers, which reinforces dangerous stereotypes and allows manipulation to go unchecked.

Another growing issue in BC family law is the tactic of abusers making pre-emptive calls to police to establish themselves as the supposed victim. Because responders may assume the caller is the harmed party, survivors face an uphill battle before the legal process even begins. Many racialized survivors expect they will not be believed—and, sadly, their experiences often confirm this fear.

This results in a situation where survivors feel they must immediately defend themselves, as though they are guilty until proven innocent. This is directly contrary to the core principles of the Canadian justice system. They are already on trial from the moment they seek help, diverting the attention from the abuser. Trauma-informed lawyering seeks to counter these injustices by ensuring survivors are properly heard, believed, and supported from the moment they enter the legal process.

What Do Family Lawyers in BC Need to Know About Trauma-Informed Practice?

Family lawyers and other first responders must understand how trauma affects memory, communication, behaviour, and participation in legal processes. Trauma literacy is essential for ethical, effective, and safe representation.

For family lawyers in BC, simply complying with the Rules of Professional Conduct is no longer enough. Modern practice requires an understanding of how trauma shapes a client’s interactions with the legal system. According to the 2025 paper Harmonizing Ethics, Empathy and Professionalism: A New Paradigm in Trauma-Informed Family Lawyering1, trauma affects how individuals recall events, communicate, respond to stress, and process complex information.

A trauma-informed lawyer recognizes that emotional, inconsistent, or fragmented communication is often a sign of trauma—not deception. Lawyers who are unaware of these dynamics may misinterpret the survivor’s instructions or misunderstand the significance of evidence. This lack of trauma literacy can cause serious harm, undermining both the lawyer’s ability to advocate effectively and the client’s ability to access justice.

Ethical family law practice involves moving beyond adversarial strategies toward approaches that preserve dignity, psychological safety, and trust. This shift means prioritizing long-term, sustainable solutions over short-term “wins.” A solution that momentarily benefits one parent but destabilizes the family or ignores the child’s lived experience ultimately undermines the best interests of the child.

Lawyers must also recognize that legal systems can unintentionally recreate power imbalances similar to those present in abusive relationships. Survivors often feel that professionals hold all the control, replicate patterns of dismissal or authority, or fail to listen meaningfully. Negative experiences with lawyers, judges, or front-line workers can retraumatize survivors and make them feel unsafe, unheard, or misunderstood.

When lawyers adopt trauma-informed practices, they improve the accuracy of evidence collection, enhance client trust, and promote meaningful access to justice for those who need it most.

What Unprofessional or Unethical Behaviours Are Seen in BC Family Law?

Family law practices—such as intimidation, manipulation, and misuse of evidence—harm survivors and damage the integrity of the legal process.

Although many practitioners in BC family law strive to uphold professionalism, the field is unfortunately known for instances of unprofessional and unethical behaviour. Family law is emotionally charged, and some lawyers resort to aggressive strategies that harm not only the opposing side but also their own clients and the children involved.

A common issue is incivility, such as lawyers yelling in courthouse hallways to intimidate or assert dominance. Self-represented litigants are especially vulnerable to bullying, as they often lack the procedural knowledge to defend themselves. Some lawyers engage in deliberate delay tactics designed to drain the other party’s financial and emotional resources. Others use procedural gamesmanship, such as sending excessive or strategically timed correspondence, then later complaining in court that they received no response.

Survivors of domestic violence frequently experience gaslighting from the opposing side during litigation, which mirrors the abuse they endured in their relationship. This tactic is profoundly damaging. Misrepresentation of facts, selective use of reports, and cherry-picking expert opinions to secure a technical advantage—without regard for the safety of children—are also widely reported concerns.

Such conduct undermines the integrity of the family justice system and retraumatizes survivors. Trauma-informed lawyering rejects these tactics and promotes ethical advocacy grounded in fairness, respect, and child safety.

How Can BC Family Lawyers Take Action and Support Trauma-Informed Justice?

A trauma-informed approach requires early screening, thoughtful strategy, cultural awareness, an understanding of coercive control, and a commitment to the best interests of children.

Family lawyers can create real change by adopting a consistent trauma-informed approach from the first consultation to the final resolution. The first step is early screening. Lawyers should assess for domestic violence, coercive control, and trauma as soon as they meet the client. Early screening ensures appropriate safety planning, evidence gathering, and communication strategies.

Lawyers should also help clients understand how trauma-related evidence is legally relevant. Many survivors do not realize that their emotional responses, memory gaps, or trauma symptoms may form part of a larger pattern that demonstrates harm. Explaining this context empowers clients and improves their ability to participate meaningfully in the process.

Another important component is avoiding adversarial tactics that escalate conflict or retraumatize survivors and children. Every legal strategy—whether related to parenting plans, relocation issues, dispute resolution, or litigation—should reflect the child’s lived experience and prioritize safety above all.

Recognizing coercive control is vital. Coercive control is often subtle and non-physical, appearing in financial restrictions, threats, monitoring behaviours, or manipulative communication. Lawyers must understand its legal implications and treat it as a significant form of family violence.

Cultural and intersectional awareness is equally essential. Survivors from marginalized communities often face additional barriers, from systemic racism to language challenges to cultural stereotypes. Lawyers must approach each case with humility and cultural sensitivity, ensuring that no client is dismissed or misunderstood because of their background.

Trauma-informed competence includes understanding trauma’s effects on memory, presentation, communication, and consent. Lawyers must uphold honesty and professionalism while also acknowledging the realities of trauma. Above all, they must place the best interests of children at the centre of every decision.

Commitment to professional training is crucial. Courses on family violence, trauma, and coercive control should be part of every family lawyer’s ongoing education. With proper knowledge and intention, lawyers can help reshape BC’s family justice system into one that truly protects survivors.

FAQ: Trauma-Informed Lawyering in BC Family Law

What does trauma-informed lawyering mean in BC?
It means legal professionals understand how trauma affects behaviour, memory, and communication, and they adapt their practice to reduce harm and increase safety.

Does a trauma-informed approach favour one parent?
No. It supports fairness, safety, and accuracy, and ensures the court sees the full context of family violence when assessing the best interests of the children.

How does trauma affect evidence in family law cases?
Trauma can cause fragmented memory, emotional presentation, or inconsistent recall. These are trauma responses—not indicators of dishonesty.

Why is knowledge of coercive control important in BC family law?
Coercive control is recognized as a serious form of family violence that significantly impacts parenting, safety, and decision-making.

How can I find a trauma-informed lawyer in BC?
Ask prospective lawyers about their training, screening practices, and approach to handling family violence and trauma in litigation.

If you have questions about your family law matter, reach out for a consult - Contact Us.

 1 Harmonizing Ethics, Empathy and Professionalism: A New Paradigm in Trauma-Informed Family Lawyering, 2025 CanLIIDocs 2522