Specialist Domestic/Family Violence Courts Within the Australian Context

• NCJ Number: 213268
• Author(s): Julie Stewart
• Date Published: 2005
• Length: 40 pages
• Sale Source: Australian Domestic and Family Violence Clearinghouse
• Publication Format: Document
• Publication Type: Report (Study/Research)
• Language: English
• Country: Australia
• Note: Australian Domestic & Family Violence Clearinghouse, Issues Paper 10.

Annotation

After a review of the literature that has informed the development of specialized domestic violence courts, this paper describes the development of such courts in Australia.

Abstract

Reflective of a trend toward the development of specialty courts that deal with a particular type of offender and cases that require interventions tailored to their characteristics, domestic violence courts have emerged. Their objectives are to improve domestic violence victims' experiences of the legal system and to mandate and monitor the treatment of offenders. The creation of a special court that deals only with domestic violence cases recognizes the multiple and complex problems associated with such cases. They require the coordination of many agencies in providing a range of culturally appropriate services to victims and their children, in addition to an appropriate criminal justice response. There are many models of specialist domestic violence courts with a range of variations. Their common goal is to improve police response to domestic violence in order to bring the case before the courts and increase prosecution rates and guilty please. They also share a stated focus on the safety and interests of victims. The key to their successful operation is the development of research-based negotiated protocols and procedures, including processes for court case tracking and case management hearings. Effectiveness is apparently improved when specialist magistrates and specialist prosecutors are assigned to the courts. Victim advocates and court support services are also important in ensuring that victims' needs are met. There is some evidence that in Australia a trend toward "therapeutic jurisprudence," which emphasizes the use of court resources for the treatment of specific types of offenders, may derail an emphasis on victim services in domestic violence courts. This must be prevented, along with any softening of the legal response to perpetrators of domestic violence. 3 notes and 109 references