CONCILIATION COURT - CRISIS INTERVENTION IN DOMESTIC VIOLENCE

• NCJ Number: 51893
• Journal: CRIME PREVENTION REVIEW Volume: 6 Issue: 1 Dated: (OCTOBER 1978) Pages: 19-27
• Author(s): M BLOOM
• Date Published: 1978
• Length: 9 pages
• Corporate Author: California Office of the Attorney General Crime Prevention Unit
• Sale Source: National Institute of Justice/
• Language: English
• Country: United States of America

Annotation

THE INITIATION OF A DOMESTIC VIOLENCE PROGRAM IN 1977 BY THE SAN DIEGO COUNTY CONCILIATION COURT IN CALIFORNIA TO PROVIDE PROTECTION AND COUNSELING TO VICTIMS OF DOMESTIC VIOLENCE IN THE FAMILY IS EXAMINED.

Abstract

IN MANY FAMILIES WHERE DOMESTIC VIOLENCE HAS OCCURRED, AN EXAMINATION OF THE DYNAMICS OF RELATIONSHIPS AND INDIVIDUAL PARTIES SHOWS THAT THERE ARE SERIOUS EMOTIONAL PROBLEMS WITHIN THE FAMILY UNIT AND THAT VIOLENCE IS MERELY A SYMPTOM OF THESE EMOTIONAL PROBLEMS. UNTIL THE PROGRAM'S ESTABLISHMENT, THERE WERE TWO LEGAL REMEDIES AVAILABLE TO BATTERED WIVES: FILING A CRIMINAL COMPLAINT; AND FILING FOR DISSOLUTION, SEPARATION, OR NULLITY OF THE MARRIAGE. THE CONCILIATION COURT IS THE ONLY COUNSELING SERVICE THAT PROVIDES MARRIAGE AND FAMILY COUNSELING IN THE STATE WITH THE AUTHORITY TO INSIST UPON THE APPEARANCE OF A RELUCTANT SPOUSE. THE CALIFORNIA CODE OF CIVIL PROCEDURES STATES THAT SPOUSES MAY PETITION TO INVOKE THE JURISDICTION OF THE CONCILIATION COURT TO PRESERVE THE MARRIAGE BY EFFECTING A RECONCILIATION BETWEEN THE PARTIES OR FOR AMICABLE SETTLEMENT OF CONTROVERSY BETWEEN SPOUSES SO AS TO AVOID FURTHER LITIGATION. THE CONCILIATION COURT EXISTS TO ASSIST PARTIES IN OBJECTIVELY EVALUATING THEIR SITUATION, IDENTIFYING THEIR PROBLEMS, AND DOING SOMETHING ABOUT THE PROBLEMS WITH PROFESSIONAL HELP. A VICTIM OF DOMESTIC VIOLENCE MAY CONTACT THE CONCILIATION COURT BY TELEPHONE AND ARRANGE FOR A PRELIMINARY INTERVIEW. THE COURT IS NOT STAFFED TO CONDUCT ONGOING COUNSELING, AND IT INITIALLY SEES PARTIES ONE OR TWO TIMES AND THEN REFERS THEM TO A COMMUNITY AGENCY. AFTER REFERRAL, A FOLLOWUP CONFERENCE IS SCHEDULED IN THE CONCILIATION COURT TO BE HELD APPROXIMATELY 2 MONTHS AFTER REFERRAL. IN ALL CASES, EMPHASIS IS PLACED ON THE EFFECTS OF THE MARITAL SITUATION ON CHILDREN. OTHER REMEDIES AVAILABLE TO VICTIMS OF DOMESTIC VIOLENCE UNDER THE CALIFORNIA CODE OF CIVIL PROCEDURE ARE EXAMINED. A SAMPLE PETITION TO THE CONCILIATION COURT, A SAMPLE TEMPORARY RESTRAINING ORDER, AND A FORM LETTER SENT TO PARTIES ORDERED TO APPEAR BEFORE THE CONCILIATION COURT ARE INCLUDED.