Using Profile Analysis for Assessing Need in Domestic Violence Courts

This study utilizes profile analysis to evaluate the social and economic justice impacts of domestic violence court processes. Data were gathered from all cases involved in a Domestic Violence Unified Family Court in one Florida county from January 1 through December 31, 2003. Findings suggest domestic violence courts are not responding equitably to victims (petitioners), which means that some petitioners may be revictimized by the system. Furthermore, in cases involving criminal behavior, the court system’s focus on criminality may not be having an impact on reducing the recurrence of domestic violence.     

Canada’s First Integrated Domestic Violence Court: Examining Family and Criminal Court Outcomes at the Toronto I.D.V.C.

This is the first quantitative study to examine Canada’s only Integrated Domestic Violence Court. The methodology used a quasi-experimental design with parallel groups with baseline equivalence. Results demonstrate that when support services are provided to victims of domestic violence during family separation, children benefit from greater involvement with both parents. There was more compliance with child support in the integrated court than the comparison group and compliance in custody and access were two variables that predicted the type of final custody orders. There were fewer judges involved in the IDVC court than comparison group; however, there were no differences in the number of court appearances between groups. The IDVC demonstrates a promising intervention to address domestic violence that involves both criminal and family law courts. Future research is needed to explore the views of children, victims and offenders about their experiences with the IDVC.     

Are Domestic Violence Courts working for indigenous peoples?

It is well established that the disproportionate imprisonment rates for indigenous peoples surpass that of non‐indigenous peoples. What is troubling is the alarming statistic that indicates that the rate of apprehension, prosecution and recidivism of indigenous women surpasses that of not only non‐indigenous peoples but also male indigenous peoples. This article proposes a court setting for domestic violence that incorporates therapeutic jurisprudence as an appropriate vehicle for the recognition of an indigenous law system as the answer to this problem. The model proposed comprises two components; a specialized Domestic Violence Court underpinned by the doctrine of therapeutic jurisprudence and the implementation of an indigenous legal system such as tikanga Maori.     

Coordinated Community Intervention for Domestic Abusers: Intervention System Involvement and Criminal Recidivism

This study examined prosecution and post-prosecution elements of a coordinated community intervention approach to male perpetrators of adult domestic violence. In a sample of 235 cases, recidivism was assessed from official criminal justice data during a 12- to 18-month period after cases were initially handled by the Baltimore, Maryland State's Attorney's Domestic Violence Unit. Court orders for domestic violence counseling were associated with significantly lower criminal recidivism for battery or violation of a civil order of protection. Lower criminal recidivism was also associated with the cumulative effects of successful prosecution, probation monitoring, receiving a court order to counseling, attending counseling intake, and completion of counseling. Individuals with greater involvement in this intervention system had lower recidivism rates, even though offenders with more extensive abuse histories experienced more intervention. Results provide qualified support for coordinated community intervention for domestic violence perpetrators.     

Why Juvenile Courts Should Address Family Violence: Promising Practices to Improve Intervention Outcomes

The prevalence of domestic violence in juvenile court cases justifies modifying our interventions to reflect this unfortunate reality. This article focuses primarily on juvenile victimization of parents and the model programs emerging in juvenile courts to address it. Part I examines family violence's prevalence in the juvenile court caseloads, despite its lack of consideration in most dispositions. Part II begins with a comparative analysis of the drug court trend and discusses the trend's applicability for specialized family violence applications in the Juvenile Court. The King County (Wash.) Juvenile Court's Step‐Up Program is introduced, which directly addresses family violence with intervention programs for youth perpetrators and abused parents, followed by the Santa Clara County (Calif.) Juvenile Court's Family Violence program, shown as a model worthy of replication. Part III details the process by which the Travis County (Texas) Juvenile Court is implementing a program similar to these models. Part IV concludes that juvenile courts must address family violence as an overt or underlying issue in many cases and must identify and address the danger to our troubled youths, whether offender or victim. I argue that the domestic violence community's treatment expertise must inform our juvenile courts' interventions with violent, often insular, families. In Travis County, we are committed to learning as much as possible about youth resilience–to identify and treat battered and battering teens to prevent the inter‐generational cycle from repeating itself while making our homes, communities, and schools safe.     

DIFFERENTIATION AMONG TYPES OF INTIMATE PARTNER VIOLENCE: RESEARCH UPDATE AND IMPLICATIONS FOR INTERVENTIONS

A growing body of empirical research has demonstrated that intimate partner violence is not a unitary phenomenon and that types of domestic violence can be differentiated with respect to partner dynamics, context, and consequences. Four patterns of violence are described: Coercive Controlling Violence, Violent Resistance, Situational Couple Violence, and Separation‐Instigated Violence. The controversial matter of gender symmetry and asymmetry in intimate partner violence is discussed in terms of sampling differences and methodological limitations. Implications of differentiation among types of domestic violence include the need for improved screening measures and procedures in civil, family, and criminal court and the possibility of better decision making, appropriate sanctions, and more effective treatment programs tailored to the characteristics of different types of partner violence. In family court, reliable differentiation should provide the basis for determining what safeguards are necessary and what types of parenting plans are appropriate to ensure healthy outcomes for children and parent–child relationships.     

Mental and physical health symptoms of family court intimate partner violence petitioners

This paper explores the impact of intimate partner violence on victim health and proposes interdisciplinary coordination between legal and mental health services as a means to assist victims. Data was collected from 95 female petitioners at an upstate New York Domestic Violence Intensive Intervention Court (DVIIC). Study participants completed surveys on physical health, mental health, and social functioning. Survey results demonstrated decreased mental health and social functioning as well as a strong willingness to utilize court-based mental health services if offered. Findings from this study support court-based settings as appropriate sites for addressing mental health needs through collaborative efforts between legal and mental health professionals.     

The Impact of Specialized Domestic Violence Units on Case Processing

This study involves an evaluation of an innovative approach to the handling of domestic violence (DV) cases in the city of Cleveland, Ohio that includes (1) a DV Project composed of specially trained police detectives, prosecutors and victim advocates for investigating and prosecuting domestic violence cases involving adult female victims who are married to, cohabitating with, or have a child with the defendant; and (2) a Dedicated Domestic Violence Docket that involves two Municipal Court judges hearing all of the domestic violence cases that are handled by the DV Project. We collected data on six months of domestic violence cases occurring in the latter half of 2008 (N?=?1388), by linking records from the Cleveland Police Department, the Prosecutor’s Office, and the Municipal Court. We found that very few victims in police districts lacking the DV Project follow up with a prosecutor to pursue the case further, indicting that specialized DV units in police departments can have a significant impact on the number of DV cases that move forward through the criminal justice system. DV Project cases were slightly less likely to result in charges issued by prosecutors (OR?=?.499) but more likely to result in dismissals (OR?=?2.545) and referrals to DV treatment programs (χ²?=?3.88).     

Domestic Violence and Risk Factors among Korean Immigrant Women in the United States

Domestic Violence is a serious problem among Korean immigrant women in the United States. However, little is known about the incidence of domestic violence as well as risk factors predicting violence experienced in intimate relationships. The purpose of this study is to describe domestic violence among Korean immigrant women, including type and frequency of violence and predictive factors of domestic violence experienced by Korean immigrant women. One hundred and thirty-six Korean women completed questionnaires developed in this study. Results indicate that domestic violence is a major family problem for Korean immigrant women. Implications are discussed in terms of the need of social services for Korean immigrant women.     

Domestic violence case processing: a matter of local legal culture

As one enters a courthouse, its culture is communicated to its listening visitors. The manner in which the security guards speak; the length of time victims are kept waiting; the amount of bail a defendant is assessed; communicate messages to those who are paying attention. Domestic violence cases have long suffered from lenient treatment and dismissals in our criminal courts. This paper examines a unique explanation for this problem: the court’s local legal culture. The elements of two courts’ local legal culture that most profoundly impacted their processing of domestic violence cases are examined. Over a six month period, 23 in depth interviews were conducted with court workgroup members in two courts, one with a specialized domestic violence session and one without. Court room observations were used to supplement these interviews. The results were insightful and telling about how a court’s culture can, at times, be more influential on case processing than the law itself.     

法院在防治家庭暴力中的作用实证研究——以重庆市某区人民法院审理涉及家庭暴力案件情况为对象

通过实证调研,其结果显示家庭暴力的发生率仍然较高,并且当事人呈现出性别、年龄、职业等方面的特点。人民法院在涉家庭暴力案件的审理过程中,既有家庭暴力认定、举证责任分配、人身安全保护裁定送达、调解方法上的有益经验,也面临着防治家庭暴力立法及反家庭暴力联动机制不完善、人身安全保护裁定的局限性、取证难等一些困境。建议我国尽快制定一部统一的"家庭暴力防治法",在加强防治家庭暴力宣传的同时,明确规范各相关部门的职责与责任,加强各部门之间的联动协作。     

What happens when a reform works? The need to study unanticipated consequences of mandatory processing of domestic violence

One of the primary facets of the sociology of law is concerned with the relationships between formal rules and regulations having the force of governmental social control and the values, norms and practices of those who enforce them (or not). This “law in action” perspective enables research to test out the differential impact on legal decisions of both formal and informal aspects of social control (Hawkins, 1992). One of the limitations of recent work on domestic violence is that it focuses too narrowly on one or two negative sanctions, e.g., arrest or restraining orders, to the exclusion of the other options and the mix of formal and informal decisions in the criminal justice system as a whole (Reiss, 1974). This research attempts through a close analysis of the workings of the Quincy, Massachusetts criminal justice system in response to domestic violence, to identify the consequences, unanticipated and anticipated, of decisions made in several domains (public, police, prosecutors, and courts) of the criminal justice system. This study uses in-depth interviews with batterers, victims and criminal justice agency and related personnel as well as agency policies, training materials and records to examine possible unintended consequences of aggressive intervention in cases of domestic violence. This study will explore the impact of the Quincy Domestic Violence Program, considered to be a national model, on the lives of victims and offenders who are treated by the court. We have selected the District Court at Quincy, Massachusetts as our research site. It has a well deserved national reputation treating abusers systematically from the initial intake by arresting officers through close supervision in probation.     

A Judicial‐Mental Health Partnership to Heal Young Children in Juvenile Court

In this article, we describe the background and issues to be addressed related to dependent children in juvenile court. In an important effort to systematically examine developmental functioning and treatment needs in maltreated and violence‐exposed young children, the Prevention and Evaluation of Early Neglect and Trauma (PREVENT) initiative of the Dependency Court Intervention Program for Family Violence, a national demonstration project in the Miami‐Dade Juvenile Court, developed a program to evaluate all infants, toddlers, and preschoolers who are adjudicated dependent by the court. The goal of the intervention is to raise awareness of the needs of infants and toddlers in juvenile court and to work toward healing the child. The PREVENT program involved the evolution of a judicial‐mental health partnership designed to assist the court in making more informed decisions about the best interest of the child by adding scientific knowledge about development, prevention, intervention, evaluation, and treatment. The outcome of the partnership and multidisciplinary approach is illustrated through presenting a case vignette of a mother and baby showing the challenges and strengths of intervention. Finally, we consider overall outcomes of the intervention and directions for the future.     

The Right to be Free from Domestic Violence in Macau

Domestic violence is a problem which historically has not received adequate attention in Macau. At the outset, it explains why the right to be free from domestic violence matters in Macau. I contend that the treatment of domestic violence is a human rights issue under international human rights law, focusing on the shift in the conceptualization of domestic violence from a private matter into a human rights issue. I denounce domestic violence as human rights violation. The second part depicts the draft law on Combating of Domestic Violence Act and analyzes the possible effects of Combating of Domestic Violence Act that can occur. Then, I intend to highlight the absence of attention to the positive duties of states—not negative duties to restrain from acting (such as a duty not to infringe upon the right to be free from domestic violence), but positive, affirmative duties to protect women.     

Psychopathology in women arrested for domestic violence

This study examined the prevalence of psychopathology among women arrested for violence and whether the experience of intimate partner violence (IPV) was associated with Axis I psychopathology. Women who were arrested for domestic violence perpetration and court referred to violence intervention programs (N= 103) completed measures of IPV victimization, perpetration, and psychopathology. Results revealed high rates of posttraumatic stress disorder (PTSD), depression, generalized anxiety disorder (GAD), panic disorder, substance use disorders, borderline personality disorder, and antisocial personality disorder. Violence victimization was significantly associated with symptoms of psychopathology. Logistic regression analyses showed that sexual and psychological abuse by partners were associated with the presence of PTSD, depression, and GAD diagnoses. Results highlight the potential importance of the role of violence victimization in psychopathology. Results suggest that Axis I and Axis II psychopathology should routinely be assessed as part of violence intervention programs for women and that intervention programs could be improved by offering adjunct or integrated mental health treatment.     

Family Court Enhancement Project: Improving Access to Justice

In 2013, Minnesota's Fourth Judicial District was one of four courts in the country selected by the U.S. Department of Justice, Office on Violence Against Women to receive a Family Court Enhancement Project (FCEP) grant, a multiyear demonstration initiative designed to build the capacity of court systems and partner stakeholders to improve child custody decision making in cases involving domestic violence. The FCEP enabled the project sites to explore, implement, and assess new and innovative court and noncourt procedures and practices. This article is an exploration of the outcomes of this project.     

The Need for a Holistic Approach to Specialized Domestic Violence Court Programming: Evaluating Offender Rehabilitation Needs and Recidivism

This quasi‐experimental historical outcome study is based on the Domestic Violence Repeat Offender Program (DVROP) housed within the Bernalillo County Metropolitan Court in Albuquerque, New Mexico. The treatment group includes data for 100 male domestic violence offenders collected between July 1, 2004 and November 30, 2006. A strictly matched group of 100 males who were technically eligible but who were not served by the DVROP made up the comparison. Using NCIC data as an outcome measure, the results of the study show that DVROP participants are significantly less likely to receive subsequent charges for domestic violence, other violent offenses, or any other criminal offense. The study draws conclusions about the extensive collateral needs of the offender population and draws attention to the need for a holistic approach to special offender populations.     

Enhancing judicial skills in domestic violence cases: the development,implementation, and preliminary evaluation of a model US programme

ABSTRACT

The overwhelming number and complexity of domestic violence cases in criminal and family courts has resulted in the development of education programmes to assist judges. There is limited research on judicial education in this area. This paper reviews one such initiative entitled ‘Enhancing Judicial Skills in Domestic Violence Cases’ (EJS) that has been developed and implemented over the last 20 years by the National Judicial Institute on Domestic Violence, a partnership of the US Department of Justice Office on Violence Against Women, National Council of Juvenile and Family Court Judges and Futures Without Violence. We present findings of a preliminary evaluation of the programme based on the self-reports of 480 judges who had taken the four-day workshop between 2006 and 2010. Overall, judges reported the programme to be engaging and effective. At a six-month follow‐up, most of the judges identified specific benefits and behavior changes in the areas of access to justice, judicial leadership, victim safety, and abuser accountability as a result of participating in the programme. Critical issues in judicial education are highlighted based on the authors’ experiences in the development and implementation of this programme.     

Specialized Domestic Violence Courts

Abstract

The multimethod study assesses the perceptions of specialized domestic violence courts' processes with victims' experiences as the central focus. Perceptions of the traditional courts and specialized domestic violence courts are compared among victims, courtroom police, attorneys, judges and victim advocates. Domestic violence education among attorneys, judges, and victim advocates is also compared. Despite the intended improvements with the specialized court model, victims report similar problems in both court models. Safety and victims support among respondents is mixed. Professionals from the specialized court receive no more domestic violence education than those from the general court. Victims' and courtroom police recommendations are presented.     

反思·借鉴·重构——关于完善我国家庭暴力概念的思考

根据最高人民法院的司法解释,家庭暴力是指行为人以殴打、捆绑、残害、强行限制人身自由或者其他手段,给其家庭成员的身体、精神等方面造成一定伤害后果的行为。这在一定程度上解决了新婚姻法颁布后所遇到的司法实践难题,具有十分重要的积极意义。然而,基于家庭暴力的普遍性和复杂性,该解释仍显不足,司法实践中困惑犹存。因此,有必要重新界定家庭暴力概念,完善相关理论,以利于司法实践中正确认定家庭暴力和有效处理相关纠纷。