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Viewpoints on the Trial Court's Response to Domestic Violence

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Viewpoints on the Trial Court's Response to Domestic Violence PROGRESS AND CHALLENGES: VIEWPOINTS ON THE TRIAL COURT’S RESPONSE TO DOMESTIC VIOLENCE REPORT OF THE DOMESTIC VIOLENCE COURT ASSESSMENT PROJECT ADMINISTRATIVE OFFICE OF THE TRIAL COURT AUGUST 2003 This project was supported by Grant 2002-WFBX-0024 awarded by the Violence Against Women Grants Office, Office of Justice Programs, U.S. Department of Justice to the Massachusetts Executive Office of Public Safety Programs Division and subgranted to the Administrative Office of the Trial Court. Points of view in this document are those of the author and assessment participants and do not necessarily represent the official position or policies of the U.S. Department of Justice or the Massachusetts Executive Office of Public Safety Programs Division. TABLE OF CONTENTS INTRODUCTION...........................................................................................................................i BACKGROUND.............................................................................................................................i HIGHLIGHTS OF KEY ISSUES: A CONTINUUM.........................................................................vii I. ISSUES WHICH ARISE AT THE FILING OF A 209A COMPLAINT ........................1 A. FORMS ..............................................................1 B. JUDICIAL RESPONSE SYSTEM ORDERS ....................................5 C. ROLE OF ADVOCATES .................................................8 D. PRIVACY ............................................................9 E. COUNTER STAFF ....................................................11 F. OTHER RESOURCES ..................................................13 G. RELATIONSHIP BETWEEN DISTRICT AND PROBATE AND FAMILY COURTS - FILING ............................................................14 H. ISSUES FOR LINGUISTIC MINORITIES ....................................14 II. ISSUES WHICH ARISE IN 209A HEARINGS ......................................15 A. ROLE OF ADVOCATES ................................................15 B. PRIVACY ...........................................................19 C. SECURITY IN THE COURT HOUSE .......................................21 D. DELAYS AT COURT ..................................................24 E. RETURN OF SERVICE .................................................26 F. INFORMATION AVAILABLE TO COURT (DATA COLLECTION SYSTEMS, ETC.) .... 27 G. DEMEANOR OF COURT STAFF ..........................................29 H. PRO SE LITIGANTS ..................................................31 I. CONDUCT OF THE HEARINGS ...........................................32 J. RULINGS ON COMPLAINTS .............................................33 K. DISTRICT COURT “REFERRALS” TO PROBATE AND FAMILY COURT ........... 37 L. CUSTODY/VISITATION ................................................39 M. FINANCIAL ISSUES ..................................................41 1. CHILD SUPPORT ...............................................41 2. SPOUSAL SUPPORT .............................................44 3. DAMAGES ....................................................44 4. ATTORNEYS’ FEES .............................................45 N. SERVICES/PROGRAMS/REFERRALS FOR DEFENDANTS ......................46 O. VACATING ORDERS ..................................................47 P. ISSUES FOR LINGUISTIC MINORITIES ....................................48 III. ISSUES WHICH ARISE IN PROBATE AND FAMILY COURT DOMESTIC RELATIONS CASES WHICH INVOLVE DOMESTIC VIOLENCE ....................................51 A. FORMS ............................................................51 B. ROLE OF ADVOCATES ................................................52 C. PRO SE LITIGANTS ...................................................53 D. PROBATION OFFICERS (PREVIOUSLY KNOWN AS FAMILY SERVICE OFFICERS) .....................55 E. JUDICIAL DEMEANOR AND CONDUCT OF THE HEARINGS ....................58 F. INDIVIDUAL CALENDAR SESSION .......................................59 G. AMENDING DISTRICT COURT ORDERS ..................................59 H. GUARDIANS AD LITEM ...............................................62 I. COURT CLINICS .....................................................65 J. CUSTODY ...........................................................66 K. VISITATION ........................................................71 L. PARENTING COORDINATORS ...........................................75 M. FINANCIAL ISSUES ..................................................76 1. CHILD SUPPORT/SPOUSAL SUPPORT ...............................76 2. ATTORNEYS’ FEES .............................................76 N. ISSUES FOR LINGUISTIC MINORITIES ....................................77 IV. VIOLATIONS OF RESTRAINING ORDERS/OTHER CRIMINAL MATTERS .............. 77 A. CONCURRENT 209A HEARING/ARRAIGNMENT ............................77 B. BAIL ..............................................................78 C. WARRANTS/SHOW CAUSE HEARINGS ...................................80 D. PROSECUTION ......................................................80 E. SENTENCING ........................................................82 F. PROBATION OFFICERS ................................................90 G. PROBATION VIOLATIONS .............................................90 H. NOTICE OF RELEASE .................................................91 I. VICTIM WITNESS FEES ................................................92 J. REFERRALS TO DISTRICT ATTORNEYS ...................................93 K. CIVIL CONTEMPT, DISTRICT COURT ....................................93 V. SYSTEM WIDE AND GENERAL ISSUES ..........................................94 A. TRAINING ..........................................................94 B. GUIDELINES FOR JUDICIAL PRACTICE ...................................96 C. DOMESTIC VIOLENCE ROUNDTABLES ...................................97 D. UNDERSTANDING THE COURT PROCESS ..................................98 E. AREAS FOR FURTHER STUDY ..........................................99 1. JUVENILE COURT ..............................................99 2. ELDER ABUSE ................................................100 3. HOUSING COURT .............................................100 4. DORCHESTER DISTRICT COURT .................................100 APPENDIX DOMESTIC VIOLENCE COURT ASSESSMENT PROJECT ADVISORY COMMITTEE MEMBERS................................................................................1 LIST OF FOCUS GROUPS, INTERVIEWS, AND OTHER CONTACTS..................................2 BASIC FOCUS GROUP GUIDE..........................................................................................5 SURVEYS..........................................................................................................................9 GENERALLY DISTRIBUTED SURVEY.............................................................................10 SURVEY DISTRIBUTED TO DEFENDANTS......................................................................12 JUDICIAL INSTITUTE PROGRAMS.................................................................................14 FORMS...........................................................................................................................16 INTRODUCTION Following is the report of the Domestic Violence Court Assessment Project. Approximately 500 people gave the court feedback on their experiences in the court, addressing both where court personnel and procedures for handling cases of domestic violence work well and where they need improvement. The general format of the report follows the court process from the moment an individual comes to court to seek protection, through hearings on complaints for protection from abuse, domestic relations actions and criminal cases. It is a detailed account, in many cases addressing the nuts and bolts of the workings of the court. BACKGROUND Over the past fifteen years, the Trial Court of Massachusetts has made a serious commitment to effectively address the many complex and sensitive issues which arise in cases which involve domestic violence. Beginning with the Massachusetts Gender Bias Study, a number of policy recommendations have been proposed and acted upon. These have included extensive training programs on domestic violence for judges and court personnel, the expansion of the Judicial Response System which provides litigants access to judges for emergency orders during nighttime, holiday, and weekend hours, creation of a Statewide Registry of Civil Restraining Orders, the publication of the Court Assessment Project Final Report & Design, Recommendations for Victim/Witness Waiting Areas, and the issuance of the Guidelines for Judicial Practice: Abuse Prevention Proceedings. DOMESTIC VIOLENCE COURT ASSESSMENT PROJECT. Every year the federal government provides funding to the states under the Violence Against Women Act (V.A.W.A.). Known as Services-Training-Officers-Prosecutors Grants (S.T.O.P) and apportioned among law enforcement, prosecutors and victim services providers, these funds are intended to improve the response of the justice system to cases of violence against women. Beginning in 2001, V.A.W.A. mandates that a small portion of these funds be dedicated to programs benefitting the state trial courts. Thus in 2001, the Administrative Office of the Trial Court proposed and received a S.T.O.P. grant to establish the PROGRESS AND CHALLENGES: VIEWPOINTS ON THE TRIAL COURT’S RESPONSE TO DOMESTIC VIOLENCE i Domestic Violence Court Assessment Project to conduct a comprehensive statewide assessment of how the
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