Overview

Family violence cases present some of the most complex and consequential challenges in family law. Allegations of abuse are rarely isolated incidents; they often reflect patterns of coercive control, power imbalance, and trauma that profoundly affect survivors and, most critically, children. Courts across the country continue to grapple with how to respond effectively, particularly when family violence allegations intersect with custody disputes, post-divorce conflict, and concerns for child safety. Litigating Family Violence: A Practitioner's Handbookprovides practical, trauma-informed, and legally rigorous guidance for attorneys and related professionals navigating these high-stakes matters. Published by the ABA Litigation Section, this comprehensive resource equips practitioners with the tools necessary to advocate effectively while centering safety, credibility, and the best interests of children. Drawing on extensive courtroom and litigation experience, author Ashish S. Joshi addresses both the doctrinal framework and the human realities underlying family violence cases. The book offers clear strategies for presenting and challenging evidence, dispelling common misconceptions about abuse and coercive behaviors, and understanding evolving case law nationwide. It also examines the use of guardians ad litem, the role of screening and assessment tools, and considerations in both domestic and international contexts. Designed for seasoned family law litigators and attorneys new to these cases alike, this handbook serves as a practical reference and strategic guide. By centering children's voices and emphasizing dignity, safety, and sound advocacy, it supports practitioners in meeting their highest professional obligation: protecting vulnerable families through informed, effective legal representation.

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9781639057436

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Author Information

Ashish S. Joshi is a litigator, author, and educator whose work focuses on complex child custody matters, child psychological maltreatment, intimate partner violence, domestic violence, child abuse, and international child abduction. He has represented clients and served on legal teams in cases across the United States and internationally, bringing broad experience to high-stakes family law disputes. Joshi has presented and published extensively in his areas of practice. His prior book, Litigating Parental Alienation: Evaluating and Presenting an Effective Case in Court (ABA, 2021), reflects his focus on practical, litigation-centered guidance for attorneys handling complex custody cases. He has held multiple leadership roles within the American Bar Association Section of Litigation, including serving two terms as Publications and Content Officer from 2018 through 2022. He also served as Editor in Chief of Litigation, the Section’s flagship publication, and continues to contribute as a senior editor on its editorial board, as well as on the Committee on the American Judicial System.

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