Lawyer Referral/Do I need a lawyer?

It is always possible for a victim of abuse to get a lawyer to represent their interests - for example, if the defendant’s lawyer tries to contact the victim, the victim’s lawyer can communicate with the defendant’s lawyer instead. (Actually, even if the victim doesn’t have a lawyer, they can refuse to talk to the defendant’s lawyer if they choose.) However, a lawyer is not needed for a criminal case.

In general, when someone is being prosecuted by the state for a crime, the parties in the case are actually the state and the defendant. Although you are victim of the crime, technically, victims are not considered a “party” to the case. The district attorney (the prosecutor) represents the state’s interests and the defense lawyer represents the defendant’s interests. In some states, however, if the victim chooses to get a lawyer, the judge may allow the victim’s lawyer to participate in the trial in some way.

In addition, if you choose to file for a civil protection order against the abuser or sue the abuser in civil court for money damages due to the abuse, this is where a lawyer would come in. We link to free legal assistance in our Finding a Lawyer page. [HYPERLINK]