Web resource:	http://aja.ncsc.dni.us/courtrv/cr39-2/CR39-2Field.pdf
Type:	Journal Article
Title:	Screening for domestic violence: meeting the challenge of identifying domestic violence relations cases and developing strategies for those cases
Other Titles:	Court review
Authors:	Field, Julie Kunce
Keywords:	Screening;Family law
Year:	2002
Publisher:	American Judges Association
Citation:	39 (2)
Notes:	This US article outlines the need for screening for domestic violence in the court context as it could help courts make better decisions about the cases. Otherwise, the decision maker could make orders that increase the danger to the victim and children, including lethality, and reduce the resources available to the victim. In the US context, it suggests that prior to the court ordering mediation or other alternative processes, it should screen for domestic violence to ensure that the process of mediation can be effective instead of coercive or revictimising. It provides a list of what the fact-finder (the court) needs to know about domestic violence: what is domestic violence and who are the common victims; the risks and consequences of not knowing whether there is domestic violence in a relationship; checking that all system players understand domestic violence; the tools to find out whether there is domestic violence; and what can be done when the fact-finder knows that there is domestic violence in a case. Some of the other screening tools referred to include: the American Medical Association’s screening guidelines; the ABA Commission on Domestic Violence lawyer’s handbook about domestic violence for lawyers and judges; other aids such as the Kansas Legal Services screening questions for mediators which could be adapted for other court professionals; and screening questions by the Alternatives for Domestic Aggression program in Ann Arbor, Michigan. The suggestions for what can be done once the court knows there is domestic violence in a case include: court procedures that ensure the court environment is safe for disclosure; court personnel and other system players becoming educated about domestic violence; establishing points in the proceedings when the parties are given opportunities to talk about violence; instigating procedures for promoting safety and confidentiality; and determining when and what referrals will be made. It also suggests the following: the safety of children and the battered partner should be always the primary concern; not holding the women to impossible standards of parenting; drafting all orders with safety as the primary consideration (such that father’s rights or parent’s rights be secondary); recognising that keeping the mother safe can translate into keeping the children safe; and ensuring that orders be clear, specific and detailed with built-in consequences for noncompliance.
URI:	https://anrows.intersearch.com.au/anrowsjspui/handle/1/16807
Appears in Collections:	Journal Articles

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