Domestic violence courts: What are they and how should we manage them?

Juvenile and Family Court Journal

Volumn 50, Issue 2, 1999, Pages 75-86

  Karan, Amy ^a   Keilitz, Susan ^b   Denaro, Sharon ^c  

^a Domestic Violence Division   (United States)

^b National Center for State Courts   (United States)

^c NONE

Author keywords

[No Author keywords available]

Indexed keywords

EID: 0040629514     PISSN: 01617109     EISSN: None     Source Type: Journal    
DOI: 10.1111/j.1755-6988.1999.tb00801.x     Document Type: Article

References (29)

1. Ostrom, Brian J. and Neal B. Kauder (eds.). Examining the Work of State Courts, 1997: A National Perspective from the Court Statistics Project. Williamsburg, VA: National Center for State Courts (1998), p. 39.
2. Since 1996, the Conference of Chief Justices and the Conference of State Court Administrators have maintained a joint Domestic Violence Task Force to assist the state courts in developing effective policies and practices to address domestic violence.
3. Under a grant from the State Justice Institute (SJI-96-18E-B-224), the National Center for State Courts recently has developed a Family Violence Data Reporting Prototype for state courts to use in identifying, classifying, counting, and reporting family violence cases. The prototype proposes a minimum set of four categories of family violence cases: felony domestic violence, misdemeanor domestic violence, civil protection orders, and civil claims; subcategories for each of the four main categories; several disposition types; and three sentencing categories (probation, probation with incarceration, and incarceration).
4. For example, a 1997 examination of the prevalence of domestic violence in disputed child custody and visitation cases in three courts revealed that over 20% of these cases showed substantial evidence of domestic violence that was not systematically taken into account by the court. See, Keilitz, Susan, et al. Domestic Violence and Child Custody Disputes: A Resource Handbook for Judges and Court Managers. Williamsburg, VA: National Center for State Courts (1997), p. 5.
5. This survey was conducted as part of a National Center for State Courts project, "Domestic Violence Courts: Jurisdiction, Organization, Performance Goals, and Measures" funded by the National Institute of Justice (98-WT-VX-0002).
6. For instance, the California State Legislature recently passed a bill that requires the California Judicial Council to investigate the possibility of establishing domestic violence courts across the state. (See CA Bill Number AB 2700, passed August 18, 1998).
7. In January 1999, the National Center for State Courts surveyed 160 of 200 courts that had reported having some type of specialized process for domestic violence cases. This survey was conducted as part of a National Center for State Courts project, "Domestic Violence Courts: Jurisdiction, Organization, Performance Goals, and Measures" funded by the National Institute of Justice (98-WT-VX-0002). Eighty-two of these responded to the mail survey. Of these 82 courts, 50 have an intake unit for at least one type of case (37 for protection orders, 26 for misdemeanors, 16 for felonies, 10 for custody, 8 for child support, and 7 for divorce).
8. Thirty-four of 82 courts reported in a recent survey that they screen cases to coordinate case processing (see footnote 7).
9. Forty-seven of 82 courts in a recent survey reported having an automated system to facilitate case tracking and 51 have one to identify related cases (see footnote 7).
10. Sixty-five of 82 courts in a recent survey reported having some type of specialized calendar for domestic violence cases (see footnote 7).
11. Twenty-seven of 82 courts in a recent survey reported that they assign judges exclusively to domestic violence cases and an additional 39 courts reported that judges are not assigned exclusively to domestic violence cases but that the court has a domestic violence calendar (see footnote 7).
12. Sixty-nine of 82 courts in a recent survey reported that the court orders batterer treatment. Of these 69 courts, 39 have a judicial review calendar to monitor compliance with the court's orders (see footnote 7).
13. J. S. Goldkamp. The Role of Drug and Alcohol Abuse in Domestic Violence and Its Treatment: Dade County's Domestic Violence Court Experiment, Executive Summary. Philadelphia, PA: Crime & Justice Research Institute, June, 1996; P. Jaffe. "Impact of Domestic Violence on Children and Families in Divorce." In The National Council of Juvenile and Family Court Judges (Ed.). Custody and Visitation Decision-Making When There Are Allegations of Domestic Violence, Seminar Notebook. Reno, NV: The National Council of Juvenile and Family Court Judges, 1995; National Council of Juvenile and Family Court Judges. Courts and Communities: Confronting Violence in the Family, Conference Highlights. Reno, NV: National Council of Juvenile and Family Court Judges, 1994; and "Developments in the Law: Legal Responses to Domestic Violence." Harvard Law Review, Vol. 106, No. 7, May 1993. Twenty-seven of 82 courts reported in a recent survey that they assign all or some of both protection order cases and domestic violence misdemeanors to a specialized calendar.
14. J. S. Goldkamp. The Role of Drug and Alcohol Abuse in Domestic Violence and Its Treatment: Dade County's Domestic Violence Court Experiment, Executive Summary. Philadelphia, PA: Crime & Justice Research Institute, June, 1996; P. Jaffe. "Impact of Domestic Violence on Children and Families in Divorce." In The National Council of Juvenile and Family Court Judges (Ed.). Custody and Visitation Decision-Making When There Are Allegations of Domestic Violence, Seminar Notebook. Reno, NV: The National Council of Juvenile and Family Court Judges, 1995; National Council of Juvenile and Family Court Judges. Courts and Communities: Confronting Violence in the Family, Conference Highlights. Reno, NV: National Council of Juvenile and Family Court Judges, 1994; and "Developments in the Law: Legal Responses to Domestic Violence." Harvard Law Review, Vol. 106, No. 7, May 1993. Twenty-seven of 82 courts reported in a recent survey that they assign all or some of both protection order cases and domestic violence misdemeanors to a specialized calendar.
15. J. S. Goldkamp. The Role of Drug and Alcohol Abuse in Domestic Violence and Its Treatment: Dade County's Domestic Violence Court Experiment, Executive Summary. Philadelphia, PA: Crime & Justice Research Institute, June, 1996; P. Jaffe. "Impact of Domestic Violence on Children and Families in Divorce." In The National Council of Juvenile and Family Court Judges (Ed.). Custody and Visitation Decision-Making When There Are Allegations of Domestic Violence, Seminar Notebook. Reno, NV: The National Council of Juvenile and Family Court Judges, 1995; National Council of Juvenile and Family Court Judges. Courts and Communities: Confronting Violence in the Family, Conference Highlights. Reno, NV: National Council of Juvenile and Family Court Judges, 1994; and "Developments in the Law: Legal Responses to Domestic Violence." Harvard Law Review, Vol. 106, No. 7, May 1993. Twenty-seven of 82 courts reported in a recent survey that they assign all or some of both protection order cases and domestic violence misdemeanors to a specialized calendar.
16. J. S. Goldkamp. The Role of Drug and Alcohol Abuse in Domestic Violence and Its Treatment: Dade County's Domestic Violence Court Experiment, Executive Summary. Philadelphia, PA: Crime & Justice Research Institute, June, 1996; P. Jaffe. "Impact of Domestic Violence on Children and Families in Divorce." In The National Council of Juvenile and Family Court Judges (Ed.). Custody and Visitation Decision-Making When There Are Allegations of Domestic Violence, Seminar Notebook. Reno, NV: The National Council of Juvenile and Family Court Judges, 1995; National Council of Juvenile and Family Court Judges. Courts and Communities: Confronting Violence in the Family, Conference Highlights. Reno, NV: National Council of Juvenile and Family Court Judges, 1994; and "Developments in the Law: Legal Responses to Domestic Violence." Harvard Law Review, Vol. 106, No. 7, May 1993. Twenty-seven of 82 courts reported in a recent survey that they assign all or some of both protection order cases and domestic violence misdemeanors to a specialized calendar.
17. The District of Columbia Domestic Violence Plan. Drafted for the Superior Court of the District of Columbia, June, 1995.
18. L. Dakis. "Dade County's Domestic Violence Plan: An Integrated Approach." Trial, February 1995.
19. Catherine F. Klein and Leslye E. Orloff, "Representing a Victim of Domestic Violence," Family Advocate, Winter 1995, Vol 17, No. 3, p. 25.
20. Martha R. Mahoney, "Victimization or Oppression? Women's Lives, Violence, and Agency," The Public Nature of Private Violence: The Discovery of Abuse, edited by Martha Abertson Fineman and Roxanne Mykitiuk. New York: Routledge, 1994.
21. Florida Mortality Review Project., Center for Justice Research and Education, Lamar University, Beaumont, Texas with funding from the Florida Governor's Task Force on Domestic and Sexual Violence, Grant No. 95-WF-NX-0012, awarded by the Bureau of Justice Assistance, Office of Justice Programs, U.S. Department of Justice.
22. For example, a 1994 survey identified 23 active statewide coordinating councils, Bailey, C. (1995). "Statewide Family Violence Coordinating Councils." Courts and Communities: Confronting Violence in the Family. Vol. 1, No. 2. At the 1993 Conference, Courts and Communities: Confronting Violence in the Family, coordinated community responses and statewide coordinating councils were elements of 35 of the 51 developed state action plans developed. (Courts and Communities: Confronting Violence in the Family, Conference Highlights. Reno, NV: National Council of Juvenile and Family Court Judges.) See also, Hart, B. J. (March 31, 1995). Coordinated Community Approaches to Domestic Violence. Paper presented at the Strategic Planning Workshop on Violence Against Women. Washington, DC. (1992). Edwards, L. P. "Reducing Family Violence: The Role of the Family Violence Council," Juvenile & Family Court Journal, Vol. 43, No. 3. National Council of Juvenile and Family Court Judges. (1992). Family Violence: State-of-the-Art Court Programs. Reno, NV: National Council of Juvenile and Family Court Judges. Herrell, S. & Hofford, M. (1990). Family Violence: Improving Court Practice. Family Violence Project. Reno, NV: National Council of Juvenile and Family Court Judges.
23. For example, a 1994 survey identified 23 active statewide coordinating councils, Bailey, C. (1995). "Statewide Family Violence Coordinating Councils." Courts and Communities: Confronting Violence in the Family. Vol. 1, No. 2. At the 1993 Conference, Courts and Communities: Confronting Violence in the Family, coordinated community responses and statewide coordinating councils were elements of 35 of the 51 developed state action plans developed. (Courts and Communities: Confronting Violence in the Family, Conference Highlights. Reno, NV: National Council of Juvenile and Family Court Judges.) See also, Hart, B. J. (March 31, 1995). Coordinated Community Approaches to Domestic Violence. Paper presented at the Strategic Planning Workshop on Violence Against Women. Washington, DC. (1992). Edwards, L. P. "Reducing Family Violence: The Role of the Family Violence Council," Juvenile & Family Court Journal, Vol. 43, No. 3. National Council of Juvenile and Family Court Judges. (1992). Family Violence: State-of-the-Art Court Programs. Reno, NV: National Council of Juvenile and Family Court Judges. Herrell, S. & Hofford, M. (1990). Family Violence: Improving Court Practice. Family Violence Project. Reno, NV: National Council of Juvenile and Family Court Judges.
24. For example, a 1994 survey identified 23 active statewide coordinating councils, Bailey, C. (1995). "Statewide Family Violence Coordinating Councils." Courts and Communities: Confronting Violence in the Family. Vol. 1, No. 2. At the 1993 Conference, Courts and Communities: Confronting Violence in the Family, coordinated community responses and statewide coordinating councils were elements of 35 of the 51 developed state action plans developed. (Courts and Communities: Confronting Violence in the Family, Conference Highlights. Reno, NV: National Council of Juvenile and Family Court Judges.) See also, Hart, B. J. (March 31, 1995). Coordinated Community Approaches to Domestic Violence. Paper presented at the Strategic Planning Workshop on Violence Against Women. Washington, DC. (1992). Edwards, L. P. "Reducing Family Violence: The Role of the Family Violence Council," Juvenile & Family Court Journal, Vol. 43, No. 3. National Council of Juvenile and Family Court Judges. (1992). Family Violence: State-of-the-Art Court Programs. Reno, NV: National Council of Juvenile and Family Court Judges. Herrell, S. & Hofford, M. (1990). Family Violence: Improving Court Practice. Family Violence Project. Reno, NV: National Council of Juvenile and Family Court Judges.
25. For example, a 1994 survey identified 23 active statewide coordinating councils, Bailey, C. (1995). "Statewide Family Violence Coordinating Councils." Courts and Communities: Confronting Violence in the Family. Vol. 1, No. 2. At the 1993 Conference, Courts and Communities: Confronting Violence in the Family, coordinated community responses and statewide coordinating councils were elements of 35 of the 51 developed state action plans developed. (Courts and Communities: Confronting Violence in the Family, Conference Highlights. Reno, NV: National Council of Juvenile and Family Court Judges.) See also, Hart, B. J. (March 31, 1995). Coordinated Community Approaches to Domestic Violence. Paper presented at the Strategic Planning Workshop on Violence Against Women. Washington, DC. (1992). Edwards, L. P. "Reducing Family Violence: The Role of the Family Violence Council," Juvenile & Family Court Journal, Vol. 43, No. 3. National Council of Juvenile and Family Court Judges. (1992). Family Violence: State-of-the-Art Court Programs. Reno, NV: National Council of Juvenile and Family Court Judges. Herrell, S. & Hofford, M. (1990). Family Violence: Improving Court Practice. Family Violence Project. Reno, NV: National Council of Juvenile and Family Court Judges.
26. For example, a 1994 survey identified 23 active statewide coordinating councils, Bailey, C. (1995). "Statewide Family Violence Coordinating Councils." Courts and Communities: Confronting Violence in the Family. Vol. 1, No. 2. At the 1993 Conference, Courts and Communities: Confronting Violence in the Family, coordinated community responses and statewide coordinating councils were elements of 35 of the 51 developed state action plans developed. (Courts and Communities: Confronting Violence in the Family, Conference Highlights. Reno, NV: National Council of Juvenile and Family Court Judges.) See also, Hart, B. J. (March 31, 1995). Coordinated Community Approaches to Domestic Violence. Paper presented at the Strategic Planning Workshop on Violence Against Women. Washington, DC. (1992). Edwards, L. P. "Reducing Family Violence: The Role of the Family Violence Council," Juvenile & Family Court Journal, Vol. 43, No. 3. National Council of Juvenile and Family Court Judges. (1992). Family Violence: State-of-the-Art Court Programs. Reno, NV: National Council of Juvenile and Family Court Judges. Herrell, S. & Hofford, M. (1990). Family Violence: Improving Court Practice. Family Violence Project. Reno, NV: National Council of Juvenile and Family Court Judges.
27. For example, a 1994 survey identified 23 active statewide coordinating councils, Bailey, C. (1995). "Statewide Family Violence Coordinating Councils." Courts and Communities: Confronting Violence in the Family. Vol. 1, No. 2. At the 1993 Conference, Courts and Communities: Confronting Violence in the Family, coordinated community responses and statewide coordinating councils were elements of 35 of the 51 developed state action plans developed. (Courts and Communities: Confronting Violence in the Family, Conference Highlights. Reno, NV: National Council of Juvenile and Family Court Judges.) See also, Hart, B. J. (March 31, 1995). Coordinated Community Approaches to Domestic Violence. Paper presented at the Strategic Planning Workshop on Violence Against Women. Washington, DC. (1992). Edwards, L. P. "Reducing Family Violence: The Role of the Family Violence Council," Juvenile & Family Court Journal, Vol. 43, No. 3. National Council of Juvenile and Family Court Judges. (1992). Family Violence: State-of-the-Art Court Programs. Reno, NV: National Council of Juvenile and Family Court Judges. Herrell, S. & Hofford, M. (1990). Family Violence: Improving Court Practice. Family Violence Project. Reno, NV: National Council of Juvenile and Family Court Judges.
28. For example, a 1994 survey identified 23 active statewide coordinating councils, Bailey, C. (1995). "Statewide Family Violence Coordinating Councils." Courts and Communities: Confronting Violence in the Family. Vol. 1, No. 2. At the 1993 Conference, Courts and Communities: Confronting Violence in the Family, coordinated community responses and statewide coordinating councils were elements of 35 of the 51 developed state action plans developed. (Courts and Communities: Confronting Violence in the Family, Conference Highlights. Reno, NV: National Council of Juvenile and Family Court Judges.) See also, Hart, B. J. (March 31, 1995). Coordinated Community Approaches to Domestic Violence. Paper presented at the Strategic Planning Workshop on Violence Against Women. Washington, DC. (1992). Edwards, L. P. "Reducing Family Violence: The Role of the Family Violence Council," Juvenile & Family Court Journal, Vol. 43, No. 3. National Council of Juvenile and Family Court Judges. (1992). Family Violence: State-of-the-Art Court Programs. Reno, NV: National Council of Juvenile and Family Court Judges. Herrell, S. & Hofford, M. (1990). Family Violence: Improving Court Practice. Family Violence Project. Reno, NV: National Council of Juvenile and Family Court Judges.
29. Billie Lee Dunford-Jackson, Loretta Frederick, Barbara Hart, and Meredith Hofford, "Unified Family Courts: How Will They Serve Victims of Domestic Violence?," Family Law Quarterly, Volume 32, Number 1, Spring, 1998.