Type:	Journal Article
Title:	Questions about family court domestic violence screening and assessment
Other Titles:	Family court review
Authors:	Frederick, Loretta
Keywords:	Legal issues;Risk assessment;Screening;Family law
Year:	2008
Publisher:	Association of Family and Conciliation Courts
Citation:	46 (3), July 2008
Notes:	General Overview:This North American article discusses the value of screening family court cases for domestic violence. The context to the article is the rising number of cases involving domestic violence within the court system, at a time of declining resources. The author identifies three key issues that need to be considered when designing and implementing screening processes: the definition of domestic violence used; the administration of the screening; and its impact on court processes and outcomes. Discussion:The first issue that needs to be resolved when implementing a triage process is how domestic violence will be defined. Screening may seek to detect: behaviours which fall under a legal definition of domestic violence; the context of the violence (including its purpose, meaning and effect); the risk of violence; and the existence of fear. A second consideration is how the screening process will be administered, including: whether it will be ongoing; what sources of information will inform the process (for example, the disputing parties, court files); and who will administer it (for example, court personnel, domestic violence advocates). The final set of questions to be considered when implementing screening relate to its impact on court processes and outcomes, such as: what level of evidence should trigger a positive screening result; how information obtained from the screening process should be used by the court; and what impact a positive screening result should have on the victims’ access to the courts and legal remedies. Ultimately, the author emphasises that the primary objective of screening should be to increase the safety of the victim and their children, including through risk assessment, safety planning and referrals.
URI:	https://anrows.intersearch.com.au/anrowsjspui/handle/1/16464
ISSN:	1531-2445
Appears in Collections:	Journal Articles

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