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Enhancing Court Responses to Domestic Violence

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Enhancing Court Responses to Domestic Violence Domestic Violence Courts Rebecca Thomforde Hauser Associate Director, Gender and Family Justice Center for Court Innovation 1 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. 2 Overview • What is the Center for Court Innovation? • Putting Domestic Violence Courts in Context • Key Principles of Domestic Violence Court Models CENTER FOR COURT INNOVATION 3 What is the Center for Court Innovation? 4 Grounding DV Courts in DV Framework Intimate partner violence Patterns of coercive control “On average, 20 people per minute are victims of physical violence by an intimate partner in the United States.” (CDC, 2011) More than 1 in 3 women (35.6%) in the United States have experienced rape, physical violence, and/or stalking by an intimate partner in their lifetime. 85% of victims are women. CENTER FOR COURT INNOVATION 5 Putting DV Into Context Offender’s INTENT in his/her use of violence (especially coercion, intimidation) HISTORY of prior offenses MEANING of the violence to the victim EFFECT of act on the victim, children ◦ Lethality and risk of further violence ◦ Risk of coercion, threats, or intimidation of the victim and/or children CENTER FOR COURT INNOVATION 6 Comparing Court Models Veterans Domestic Treatment Violence Court Courts CENTER FOR COURT INNOVATION 7 Veterans Treatment Courts: History and Goals Began in upstate New York in 2008 Hybrid drug-mental health courts; treatment model; working with the offender Goal is to treat the underlying conditions that led to offending behavior Traditionally misdemeanor offenses, but now many felony models too Each one is unique; reflects the needs of the community CENTER FOR COURT INNOVATION 8 Veterans Treatment Courts: Model Overview • Early identification • Dedicated Judge(s), separate docket/calendar • Representative from the VA • Pre and Post plea with treatment plan • Linkage to services • Accountability to treatment plan; use of case coordinator • Veteran mentors • Support of other veteran participants • Procedural Fairness CENTER FOR COURT INNOVATION 9 Domestic Violence Movement • Mandatory Arrest • Violence Against Women Act (VAWA) • Office on Violence Against Women (OVW) • Funding for Services • Individualized state laws CENTER FOR COURT INNOVATION 10 Court Reform Movement • Improving results (not just process) • Examining impact of court decisions on litigants • Creating specialized courts CENTER FOR COURT INNOVATION 11 Domestic Violence Courts Today There are now more than 300 domestic violence courts in the United States CENTER FOR COURT INNOVATION 12 Court Models at a Glance Overview of Domestic Violence Court models CENTER FOR COURT INNOVATION 13 Domestic Violence Court Models: Civil Domestic Violence Court • Dedicated docket • Connecting litigants to services • Coordinating protective orders with criminal cases • Communication with supervised visitation and exchange programs CENTER FOR COURT INNOVATION 14 Domestic Violence Court Models: Criminal Domestic Violence Court • Dedicated docket • Connecting litigants to services • Dedicated victim advocate on-site • Compliance monitoring through compliance review calendars CENTER FOR COURT INNOVATION 15 Domestic Violence Court Models: Integrated Domestic Violence Court • One judge, one family • Consistent handling of all matters, regardless of case type • Concentration of social services • Honoring case integrity CENTER FOR COURT INNOVATION 16 Judicial Response UNDERSTANDING THE ROLE OF COURTS IN RESPONDING TO DOMESTIC VIOLENCE CENTER FOR COURT INNOVATION 17 18 19 Key Principles Victim Safety • Safe facilities • Victim advocates • Family Justice Centers • Civil legal services (Civil DV Courts) CENTER FOR COURT INNOVATION 20 Key Principles Offender Accountability Compliance monitoring ◦ Resource coordinators ◦ Compliance review dockets Increased communication Collaborating with community service providers CENTER FOR COURT INNOVATION 21 Key Principles Judicial and Court Staff Training Dedicated court stakeholders Training on: ◦ Operational matters ◦ Domestic violence dynamics ◦ Impact of domestic violence on children CENTER FOR COURT INNOVATION 22 Key Principles Community Partner Involvement Mental Domestic Health and Victim Violence Substance Services Court Abuse TreatmentAbusive Veterans Partner Attorneys Affairs Office Intervention Program Law Probation Enforcement CENTER FOR COURT INNOVATION 23 Key Principles & Best Practices: Comparing the Models DRUG COURTS DV COURTS ► Promote public safety while ► Promote victim safety and protecting due process community safety while ► Programs ensure access to a protecting due process continuum of substance ► Use of programs as treatment dependency and mental as well as monitoring tool for health treatment offenders ► Compliance monitored by ► Compliance reviews are used substance abuse testing; as accountability tool, relapse is part of the process including immediate ► Forging partnerships among response to protection order courts and community-based violations organization enhances ► Coordinated community program effectiveness response, especially with victim advocacy agencies to serve needs of victims CENTER FOR COURT INNOVATION 24 Enhancing Court Responses in Both Models How can each model improve their response to veterans and their families? COLLATERAL INFORMATION! Veterans Treatment Courts DV Courts Checking registry for Ask about veteran status! (“Have past/current protection orders you ever served in the U.S. Armed and domestic incident reports Forces?”) Including IPV behaviors as part Routine screening and risk of assessments assessment Training Training CENTER FOR COURT INNOVATION 25 Key Considerations in DV Cases: DV Risk & Lethality Factors History of violent behavior Attitudes that support/condone (+ escalation) abuse Past OPs or OP violations Lethality factors: Use of a weapon in a DV incident Strangulation Threats of homicide or suicide Sexual violence Presence of children during DV Extreme jealousy incident Access to firearms Drug and/or alcohol abuse Unemployment Destruction of property Victim has children who are not Violence toward pets the abuser's Controlling of victim's daily Violence during pregnancy activities and contacts with others Mental health issues/personality 26 disorders CENTER FOR COURT INNOVATION Victim Safety Considerations in DV Cases ◦ Relationships with local domestic violence advocates ◦ Training in risk and lethality assessments ◦ Ability to consistently exchange information with other courts involving the same family ◦ Inconsistent orders ◦ Prior orders of protection ◦ History of abuse ◦ Training on coercion and manipulation: common patterns of violence and attempted reconciliation often involve empty promises to seek treatment and rehabilitate ◦ Access to other victim-centered supportive services/FJCs CENTER FOR COURT INNOVATION 27 Key Considerations: Barriers for Victims Barriers to leaving Physical or logistical challenges Children Continuing danger & fear Relationship with the batterer Loss of benefits from partner’s service Effects of trauma Responsibilities as a Economic issues caretaker External & cultural Guilt pressures Isolation from sources of 28 support CENTER FOR COURT INNOVATION Key Considerations: Substance Abuse and IPV Substance abuse does not cause domestic violence, however there is some correlation. 25%-50% of men who commit acts of domestic violence also have substance abuse problems. [Gondolf, 1995; Leonard and Jacob, 1987; Kantor and Straus, 1987; Coleman and Straus, 1983; Hamilton and Collins, 1981; Pernanen, 1976] Often, victims and perpetrators blame the substance abuse for the violence; may mask patterns of coercive control. CENTER FOR COURT INNOVATION 29 Key Consideration: Collaborating with Victim Advocates Victims should be contacted by DV advocates. Get to know your local DV service agency and make a plan (also DV/IDV court resource coordinators). ◦ Have a contact for referrals ◦ DV service agency can figure out appropriate protocol for victim contact ◦ Understand advocate’s confidentiality obligations CENTER FOR COURT INNOVATION 30 DV Court Research DV Courts and Victim Safety: ◦ Service Linkages: More victims linked to victim advocates and services (Harrell et al. 2007; Henning & Kesges 1999; Newmark et al. 2001) ◦ Victim Satisfaction: Victims in DV Court settings exhibit more positive perceptions of court process (Eckberg and Podkopacz 2002; Gover et al. 2003; Hotaling and Buzawa 2003; Newmark et al. 2001; Smith 2001) ◦ Effect of “Integrated” Domestic Violence Courts: A specialized court approach to family or matrimonial cases may have particularly beneficial effects on the victim experience and feeling “heard” (Cissner et al. 2011; Picard-Fritsche 2011; Picard-Fritsche et al. 2011) CENTER FOR COURT INNOVATION 31 DV Court Research DV Courts and Offenders: ◦ Case Processing: Reduced time to disposition in 4 of 4 misdemeanor DV courts; no effect in 1 felony level DV court (Angene 2000; Davis et al. 2001; Eckberg and Podkpacz 2002; Peterson 2004; or Newmark et al. 2001 for felony DV court study) ◦ Conviction Rate: Increase in 7 of 9 DV courts (Increased convictions: Davis et al. 2001; Eckberg and Podkopacz 2002; Miller 1999, Goldkamp et al. 1996; Quann 2006; Harrell et al. 2007; Newmark et al. 2007; No effect: Angene 2000; Peterson 2004) ◦ Recidivism:
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