Please use this identifier to cite or link to this item: https://anrows.intersearch.com.au/anrowsjspui/handle/1/20853
Record ID: 81c24112-7787-4ac2-ab16-43c507080835
Web resource: http://www.biscmi.org/jod/Plenary_3_Integrated_Domestic_Violence_Courts_whitepaper_9.10.09.pdf
Type: Conference Paper
Title: An argument for a one-judge/one-family approach to domestic violence: lessons based on New York’s model
Other Titles: 14th Annual BISC-MI Fall 2009 Conference : coordinated community responses[cut]
Authors: Aldrich, Liberty
Kluger, Judy Harris
Keywords: Legal issues;Specialist courts;Family law;Criminal justice responses
Year: 2009
Publisher: Batterer Intervention Services Coalition of Michigan, Battle Creek
Notes:  "The Reality, Research and Results Behind The Judicial Oversight Demonstration Initiative"
General Overview:Integrated Domestic Violence Courts (IDVCs) seek to streamline the legal process, by enabling a single judge to hear all civil, matrimonial and criminal matters concerning a family. This conference paper discusses the history and success of IDVCs in New York, where planning for the first specialised court of this kind began in 2001.

Discussion:The authors, Judge Kluger and Aldrich, Director of Domestic Violence Programs for the Centre for Court Innovation, discuss the process involved in establishing the first IDVC and identify some of the initial concerns that domestic violence advocates and other stakeholders had about the court. These concerns included: that putting civil and criminal cases before a single judge would lead to ‘horse trading’ and dilute the criminal process; that the court’s decisions concerning the distribution of assets could be inappropriately influenced by the criminal hearing; and that defendants might sacrifice their criminal rights during civil proceedings.

The authors use a hypothetical case study to illustrate how these concerns have been addressed. They identify four key factors that are central to the effective operation of IDVCs: planning, training, case integrity, and victim advocacy. A key benefit of the IDVC process is that it enables judges to access more information, thereby making more consistent and appropriate orders. The authors suggest that judges in IDVCs are better able to see the whole picture, resulting in greater perpetrator accountability, as well as greater consideration of the battered woman’s wishes. As a result, IDVCs may help to resolve tensions within the domestic violence movement over how much decision-making authority the victim should have within the criminal justice system.
URI: https://anrows.intersearch.com.au/anrowsjspui/handle/1/20853
Physical description: 8p
Appears in Collections:Conference Papers

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