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Domestic Violence Courts: Components and Considerations

NCJ Number
188898
Journal
Journal of the Center for Families, Children and the Courts Volume: 2 Dated: 2000 Pages: 23-36
Author(s)
Julia Weber J.D.
Date Published
2000
Length
14 pages
Annotation
Domestic violence courts are one of the more recent judicial innovations aimed at addressing cases that come before criminal, juvenile, and family law courts throughout California and nationally; this article expands on issues raised in a recent descriptive study of California's courts and considers various tensions that arise as notions of safety and accountability intersect with legal concepts.
Abstract
In May 2000, the Judicial Council of California released a legislatively mandated descriptive study of the State's domestic violence courts. Although the study revealed certain common practices among domestic violence courts, it also showed that this is an emerging field that has yet to produce a particular model of court practice or procedure. The California study determined that at the time of the report the State had 39 domestic violence courts in 51 of its 58 counties. Those establishing domestic violence courts are encouraged to consider a number of issues related to various aspects of court process and procedure. Ideally, a successful, coordinated community effort sends the message that victims will be protected and that battering is dangerous and must be stopped. Because courts can offer legal remedies that can enhance safety (restraining orders and parenting plans) and increase accountability (contempt charges, arrest, prosecution), they are vitally important; however, to be most effective, courts must have batterer intervention programs, probation departments, shelters, counseling services for victims, and supervised visitation programs. In considering how notions of safety and accountability might most effectively be integrated into specialty courts, it is useful to address each component of domestic violence courts: case assignment, screening, intake, service provision, and monitoring. Each of these aspects of domestic violence courts is discussed in this article. 1 table and 50 notes