NCJ Number
163233
Date Published
1996
Length
6 pages
Annotation
Because the court system is plagued by many problems in handling domestic violence cases, consideration is paid to statutory provisions for dealing with domestic violence, changes that have been made in laws to benefit battered women, and circumstances under which women can obtain restraining or protective court orders against abusive partners.
Abstract
Problems faced by courts in dealing with domestic violence cases include the following: (1) judges, trial court administrators, case managers, and intake officers who tend to minimize dangers encountered by abused women and who discourage women from following through with criminal or civil complaints; (2) overloaded dockets and overworked judges in large cities that result in the court's inability to schedule hearings and trial dates in a timely manner; (3) lack of specialized training in domestic violence for court personnel; (4) abused women who fail to call the police or go to court because they believe the criminal justice system will not protect them; and (5) lack of counseling programs to which the court can refer both batterers and victims. Court powers and organizational structures and the availability and commitment of judges to protect the legal rights of battered women vary by State. Further, judicial intervention on behalf of battered wives is a recent phenomenon. Judges need specialized training to understand the dynamics and effects of domestic violence and the court-mandated treatment needs of abusers. The court response to domestic violence is discussed in terms of the role of county and city probation departments in optimizing the delivery of services to batterers and their victims, the provision of legal services to battered women by law students, and the prosecution of domestic violence cases. The importance of protecting the legal rights of battered women is emphasized. 9 references