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Compliance Monitoring in Domestic Violence Cases a Guide for Courts Center for Court Innovation 520 Eighth Avenue New York, NY 10018 P

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Compliance Monitoring in Domestic Violence Cases a Guide for Courts Center for Court Innovation 520 Eighth Avenue New York, NY 10018 P Compliance Monitoring in Domestic Violence Cases A Guide for Courts Center for Court Innovation 520 Eighth Avenue New York, NY 10018 p. 646.386.3100 f. 212.397.0985 courtinnovation.org Author Brittany Davis, LMSW Center for Court Innovation Acknowledgements This project is supported by grant 2015-TA-AX-K023 awarded by the Office on Violence Against Women, U.S. Department of Justice. The opinions, findings, conclusions, and recommendations expressed in this program are those of the authors and do not necessarily reflect the views of the U.S. Department of Justice. 2019 Compliance Monitoring in Domestic Violence Cases Table of Contents What is Compliance Monitoring? ................................................................................................................................... 2 How Does it Work?............................................................................................................................................................... 3 Best Practices for Compliance Monitoring ................................................................................................................4 Incorporate Procedural Justice ..................................................................................................................................4 Interact Meaningfully with Litigants ........................................................................................................................ 5 Use Sanctioning Matrices .............................................................................................................................................6 Allow for Individualized Sanctioning Responses ................................................................................................. 7 Dedicate Additional Time, Staff, and Resources for Monitoring ....................................................................9 Incorporate Risk-Needs-Responsivity ................................................................................................................................13 Develop and Maintain Strong Partnerships with an Array of Providers .................................................... 14 Develop Useful Progress Report Forms ................................................................................................................ 16 Utilize the Power of the Courtroom .........................................................................................................................17 Incorporate Firearm Relinquishment .......................................................................................................................17 Putting It All Together ...................................................................................................................................................... 19 Conclusion .............................................................................................................................................................................. 19 Endnotes ................................................................................................................................................................................ 20 Appendices ............................................................................................................................................................................22 A. DeKalb County Magistrate Domestic Violence Court Compliance... ....................................................22 B. Mille Lacs County Domestic Violence Court Offender Handbook, Phases 1-3 ..................................23 Phase 1 ..........................................................................................................................................................................23 Phase 2 .........................................................................................................................................................................28 Phase 3 .........................................................................................................................................................................33 C. Beltrami County Domestic Violence Court Participant Handbook .......................................................38 D. Clay County Domestic Violence Court Sanctioning Matrix (Moorehead, MN) ................................ 42 E. Kansas City Municipal Court Domestic Violence Compliance Court... ................................................ 43 F. Grand Forks Domestic Violence Court Sanctions ........................................................................................47 G. Sample Sanction Schedule, Center for Court Innovation ......................................................................... 48 H. Ada County Domestic Violence Court Flow Chart and Probation Outcomes ...................................51 I. Tucson Domestic Violence Court Review Hearing Report .........................................................................52 J. Ada County Domestic Violence Offender Intervention.. ............................................................................53 Treatment Progress Report ..................................................................................................................................53 Treatment Notes Scoring Guidex ....................................................................................................................... 54 K. Winnebago County Domestic Violence Coordinated Courts Compliance... ......................................55 L. Stearns County Domestic Violence Court Spreadsheet... ..........................................................................57 Compliance Monitoring in Domestic Violence Cases What is Compliance Monitoring? Compliance monitoring is one of the key elements Research has shown that ongoing compliance of the domestic violence court model and can help monitoring, combined with specialized probation courts increase accountability for abusive partners supervision in the community, can positively impact and safety for victims. Across the country, courts the behavior of defendants and keep them from utilize compliance calendars in both criminal and committing another crime, at least while their case civil proceedings to ensure that defendants and is pending.1 While many important stakeholders play respondents adhere to court-ordered conditions, a role in the effectiveness of compliance calendars,2 such as orders of protection, abusive partner the judge can be the most important player in intervention or other program mandates, and no helping to increase safety and accountability. Their new arrests. In the civil realm, judicial monitoring can sanctioning power and relationship with defendants also be used to make sure respondents comply with and respondents can motivate positive change and parenting plans, supervised visitation, safe exchange, deter dangerous behavior. The judge’s involvement and child support. They provide an opportunity also emphasizes that all parts of the legal system are for the court to continuously monitor defendants’ in sync.3 Further, ongoing compliance is important and respondents’ risk and take appropriate actions for victims, making them feel that the court is paying to increase victim and child safety and wellbeing. attention to their case and will learn of and take Notably, the dichotomy between victim and violations seriously.4 defendant is not always clear in domestic violence Compliance hearings send the message that: cases as some survivors engage in violent behavior as a means to resist their abusive partner. Meaningful 1. Domestic violence is a serious crime that impacts judicial monitoring of these cases can provide the families and communities at large; opportunity for victim-defendants to receive support 2. The court and community are closely watching while they take responsibility for their actions, seek defendants’ and respondents’ behavior; and safety, and choose nonviolent alternatives. 3. The court and community will hold people accountable for their actions. When used effectively, compliance hearings ensure that orders do not become meaningless and that the court can respond to violations swiftly with appropriate sanctions. 2 Compliance Monitoring in Domestic Violence Cases How Does it Work? At its core, compliance monitoring consists of ○ Hold regular compliance hearings, with a frequent court appearances before a judge, separate calendar for high-volume courts.i compliance officer, or referee to monitor defendant ○ Review progress on all conditions and mandates or respondent compliance and motivate positive and clearly reiterate the consequences for behavior change. noncompliance at each compliance hearing. ○ Respond to all violations swiftly with consistent, Judicial monitoring usually occurs post-plea or fair, and graduated sanctions, which may range post-disposition, but some jurisdictions require from a verbal reprimand, to more frequent court defendants to attend compliance hearings dates, to jail. throughout their case or as a condition of bail. ○ Utilize graduated monitoring (e.g., allowing those Below are the basic steps to compliance in compliance to appear less frequently) and monitoring: offer encouragement but not congratulations for those in compliance. ○ Conduct a detailed allocution and review all ○ To maximize the deterrent effect, require conditions and mandates with defendants and defendants and respondents to observe the respondents at disposition.
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