Legal Abuse Syndrome 101
Recognition of the controversial syndrome within psychological fields has been more slow to develop. The concept of legal abuse syndrome was described by Karlen Dawn in 2002 as "the psychological trauma a person suffers after enduring the adversity of repeated litigation in an abusive legal system." According to his 2010 article for Psychology Today, William H. Hoffman, MFT, a psychotherapist and expert in family law for the past 20 years, says it is more specifically often experienced by the victims of family law cases. The term defines a specific set of PTSD symptoms that arise in individuals who are engulfed within highly charged, adversarial legal actions. Hoffman states that it is not uncommon for individuals and families to become traumatized during long, drawn out civil cases .
Common symptoms include:
-Emotional numbing
-Acting out
-Depression
-Low self-esteem, guilt, anxiety (anxiety regarding the future is particularly prevalent among mothers facing custody or child support issues)
-Difficulty concentrating
-Returning to the traumatic event through recurrent or intrusive thoughts
-Dissociative symptoms
-Interpersonal problems with family and friends
Legal abuse syndrome can occur at any time during the course of a legal action. Symptoms tend to increase in severity as a case continues and can ultimately lead to depression, a sense of helplessness, suicidal thoughts, and sometimes self-harm. The perception of powerlessness in these circumstances typically leads to feelings of shame and embarrassment. Victims often find themselves ruminating over their experiences; struggling to process the trauma they have faced. Treatment for victims is often focused on managing PTSD and depression; however Hoffman believes "the application of a trauma treatment approach is critical to working effectively with at-risk and traumatized clients in the family court system."
Sources of Legal Abuse Syndrome
Legal abuse syndrome is typically found in situations where individuals have had to endure inordinate amounts of exposure to litigation or to the courts. For example, a bitter divorce or child custody dispute can be enough to trigger legal abuse syndrome in one or both parties to the action. A history of prior litigation – whether successful or unsuccessful – also tends to be a factor in the development of this syndrome, as is contact with the court or its officers, and/or attorneys, judges and other court personnel, over an extended period of time. The symptoms of this syndrome, of course, are not limited to divorce or custody situations. Lawsuits of every kind produce symptoms, from the minor to the dramatic, depending on the amount and duration of the exposure to the legal system. Insurance claims, medical malpractice suits and contract disputes (both successful and unsuccessful) bring with them their fair share of courtroom exposure; it is simply a matter of degree of exposure to the legal system that causes or brings forth the symptoms of legal abuse syndrome.
Symptoms and Indicators
Symptoms common to Legal Abuse Syndrome include isolation, chronic anger/rage at family members and friends, hopelessness, fearfulness, high anxiety, paranoid mistrust, and a feeling of being overwhelmed by the legal system. Survivors often experience severe psychosomatic stress reactions, such as agoraphobia, stomach pain, fibromyalgia-like symptoms, fibroid tumors, psoriasis, and waiting room phobia. Physical symptoms can also include insomnia, shortness of breath, and rapid heartbeat. Important to note is that symptoms of Legal Abuse Syndrome can mimic those of post traumatic stress disorder (PTSD). Like survivors of horrible crimes, survivors of legal abuse feel as though their power has been stripped, and that they are trapped in a nightmare from which there is no escape. They are terrified that if they stand up for themselves it will get worse, they feel that they have no control over their situation, they feel out of sync with those around them, and are easily startled. In a nutshell, they feel their sanity and stability has been ripped away, and they no longer recognize themselves. Most importantly, doctors can often find no physical ailment behind these symptoms, even when they are expressed in acute forms. In Legal Abuse Syndrome, the cause of these symptoms can and will be traced back to the legal system, rather than a medical condition. In such cases, more often than not, proper medical treatment is either denied or dismissed as an improper diagnosis.
In diagnosing potential Legal Abuse syndrome, clinicians begin by ruling out other conditions. The recent addition of Criteria V to the Diagnostic and Statistical Manual IV [a "V-code" (and its suffixes), an optional listing of conditions that may be a focus of clinical attention even though they are not considered mental disorders per se] allowed medical providers to assign mental health care codes to legal abuse syndrome when it is indicated. After a medical provider has ruled out underlying medical conditions, clinicians can move forward to document evidence of this syndrome, given the survivor has experienced trauma and is currently experiencing distressing systems related to legal abuse. The International Library of Psychiatry, which evolved into the International Journal of Social Psychiatry, gave Legal Abuse Syndrome attention after they received many letters about legal abuse. In 1993, they published a study titled Legal Abuse Syndrome: A novel psychiatric illness. Authors and advisors to the National Center for State Courts, Chris and Mary R. A. Hildebrand, along with Susan Jacoby, reported the findings of a 1994 national survey of law enforcement employees that showed only 9 percent of respond cases had documented instances of legal or pathological abuse. An NCSL study in 1997 showed only 1 percent of domestic violence cases abusive in a pathological manner. The 2000 Violent Crime Control and Law Enforcement Act documented Legal Abuse Syndrome as a cause of victimization affecting many women across dozens of states, including Illinois. Early detection of LAS and the ability to diagnose can literally make the difference between life and death for victims. Maladaptive coping responses to the disempowerment, betrayal and isolation of Legal Abuse Survivor Syndrome are associated with self-harming and suicidal behavior. In fact, the most common cause of death among women who have escaped domestic violence is suicide. The combination of betrayal and creating a sense of mental incapacity which is inherent in legal abuse situations leaves victims with little control in their lives. Without intervention, suicides among victims of legal abuse are a grave concern, and most likely avoidable.
Emotional Toll
One of the most pervasive impacts of Legal Abuse Syndrome is on mental health. Anxiety and depression are common symptoms. In part, these symptoms come from a lack of control over one’s life. Many people think that once they get into a lawsuit it will not end until a verdict is rendered or a settlement is reached. In that period of time, whether it be short or long, the people involved may feel like they have lost control of their lives. Those are tough feelings for anyone to deal with.
Mental health is also impacted because people begin to feel out of control. This sometimes causes people to fly off the handle at their lawyers and judges.
Sometimes the legal abuse causes a person or family to suffer financially. People that suffer financial problems are usually depressed.
Sadly, people develop post traumatic stress disorder (PTSD) from going through a lawsuit. PTSD is characterized by symptoms of hyperarousal, avoidance and numbing, intrusive memories and survivor guilt. PTSD is a debilitating condition. The problem is that it takes a long time for someone to receive a diagnosis of PTSD. First, they must become aware that they are experiencing psychiatric symptoms. Then they must find mental healthcare professionals to assess them. Because most mental health care professionals know very little about the legal system, this is often very difficult to do. Then, once someone has a diagnosis, it can take years to receive the mental health treatment that they need.
Legal and Social Ramifications
Legal Abuse Syndrome impacts not just upon individuals, but also upon their rights and upon their relationships with society as a whole. Much of this lies in the fact that Legal Abuse Syndrome is considered to be "a medically unexplained condition" by those who treat it, increasingly including courts and other professionals in the fields of law and sociology. Their denigration, and consequent criminalisation, of Legal Abuse Syndrome as a means of protecting those guilty of perpetrating, or otherwise supporting, domestic abuse and other forms of misconduct, by way of an add-on "personality disorder" which excusing or mitigating of the harm caused, stigmatizes survivors of Legal Abuse Syndrome, and thereby cuts them off from society itself.
Although Criminal Injuries Compensation Authority (CICA) have made some reparation for the contextually biased way in which they have treated survivors of Legal Abuse Syndrome in the past, stating that "any criminal conduct will result in the loss of rights to claim compensation", this does not remove the stigma attached to survivors of Legal Abuse Syndrome, their relationship with others, and the involvement of the abusers, most commonly men, with those same people, that they would have been prevented from having, as a result of their Legal Abuse Syndrome. Indeed, CICA’s reparation may go to reinforce the survivor’s belief that he or she had chosen to participate in such relationships, and that therefore responsibility for what happened rests neither with the abuser or with the circumstances.
As well as reinforcing the survivor’s stigma, and their sense of isolation from society, the imposition of participation in these relationships that the survivor consciously or sub-consciously has little or no memory of due to his or her Legal Abuse Syndrome, may have been intended by the abuser, in order to create and then exploit a power imbalance with the survivor, which both forbids and punishes their challenge to the the relationship, leading to:
Further , these "oppressive and unjust" relationships "perpetuate the inequality women experience and establish a pattern of control over the victim so extreme that their participation once it, is seemingly automatic". Finally, writing of both the effects and the causes of domestic violence and abuse, Koss writes that the "reality [is] that many people who are battered become emotionally and physically weakened through the experience of abuse, especially if they have low self-esteem or other mental health problems, if they were abused as children, if they are socially isolated, or if they are economically vulnerable. These factors make victims of domestic violence unable to file charges, stay in school or work consistently, pursue academic goals, move away from the abusive partner, seek help and support from family, friends, co-workers, and professionals, or to leave the abuse, or to effectively manage the problems resulting from the abuse. The victims, consequently, experience multiple stressors beyond the abuse, such as economic strain, poor mental and physical health, and social isolation.",
As a result of their Legal Abuse Syndrome, survivors are thus vulnerable to control and exploitation by their abusers not only in relation to participation in the relationship itself, but also in relation to bad court orders which exacerbate the vulnerability, lead to more Legal Abuse Syndrome, and are then themselves used to maintain, and continue, the abuse. This then leads on to a secondary trauma in the shape of the survivor’s sense of social ostracization and stigma, leaving them isolated and vulnerable.
While this is being increasingly rectified by the recent removal of the requirement that survivors both report an abuser for a criminal acknowledgement in order to qualify for CICA support, this does not mean that the legal and social defence offered by CICA for survivors of Legal Abuse Syndrome is sufficient or adequate, as the survivor is still unable or unwilling to file charges for the abuse suffered, and is therefore a victim of the abusers continued emotional manipulation and oppression, even when none or only minor physical abuse occurred.
Coping Mechanisms and Healing
Recovery from Legal Abuse Syndrome is possible, but it’s important to understand that the steps to recovery will take time. What you may think is a setback may not be so. It’s important to find ways to cope and recover in order to protect yourselves from the symptoms of Legal Abuse Syndrome for a prolonged period of time. A combination of legal expertise, therapeutic treatment, and support groups can go a long way towards helping individuals who are suffering from Legal Abuse Syndrome. However, not all legal or therapeutic professionals may be familiar with LAS or the best methods to help victims recover. It’s often best to seek counsel who have experience treating those who have been abused by the legal system or specifically those who have had experience dealing with Legal Abuse Syndrome. While Legal Abuse Syndrome may be similar to PTSD in some ways, the cause of the PTSD is different and therefore the recovery process also requires a different treatment. A therapist or counselor with experience in child abuse, battered women’s issues, and PTSD might be one of your best sources of recovery. Be aware, however, that if you were abused by a court-appointed psychiatrist, therapist, guardian ad litem, evaluator or similar person, it could cause your abuse to escalate and therefore have even more traumatizing effects on you. It’s sometimes best to start your recovery with a different therapist and then consider approaching the other therapist later. With a joint history and networking, you may find that you’re able to successfully help one another move towards complete recovery. Another possible avenue for recovery is a support group. Your local battered women’s shelter may offer groups for abuse survivors or you may find a support group with a reputation for helping those suffering from trauma. Check online and with your area’s mental health organization to find a support group that might benefit you. Finally, keep in mind that Legal Abuse Syndrome is as much about your personal healing as it is about the legal battle you faced. In addition to the aforementioned strategies, be sure to allow yourself time to heal. You should not be expected to move on until you’ve had a chance to process what happened to you. Take as long as is needed to recover both legally and emotionally.
The Role of Legal Practitioners
It is primarily the responsibility of legal professionals (whether attorneys, paralegals, judges, or clerks) to avoid contributing to the symptoms of legal abuse syndrome. This requires constant vigilance against the types of behaviors that induce LS, including the use of the legal system to engage in tactics of intimidation and harassment, and the willful confusion of court rules and procedures. It is not enough to simply avoid abusive practices, but steps must also be taken to prevent the creation or brushing aside of inconveniences which can sometimes have a serious impact on a party. Lawyers, for example, need to provide their client with all necessary legal documents in a timely manner once they’ve been received . This does not mean causing greater expenses or putting undue stress on the client, however there are very practical reasons why lawyers should not simply brush off these documents or, worse, fail to inform the client that such documents have been received. Unfortunately, some lawyers will opportunistically take advantage of their client’s distress in order to garner greater relative wealth for themselves. This is not only a basic breach of trust, but can sometimes be a breach of ethical standards set by the state barristers’ association. The underlying point, however, is that lawyers are understandably trusted advocates, and they should take care whenever their advocacy becomes a potential source of plaintiff- or defendant-legal abuse syndrome.