000 03785nab a2200349Ia 4500
999 _c2824
_d2824
001 113643
005 20250625151228.0
008 110331s2005 eng
040 _aWSS
_dAFV
100 _aStewart, Julie
_92155
245 _aSpecialist domestic/family violence courts within the Australian context
_cStewart, Julie
260 _bAustralian Domestic and Family Violence Clearinghouse
_c2005
300 _a40 p. ; computer file : PDF format (300Kb)
365 _a00
_b0
500 _aADFVC issues paper, 2005, no. 10
500 _aHosted on this website with permision (18/5/2016).
520 _aThis Australian paper outlines the theoretical and other issues identified in the literature which have informed the establishment of domestic violence courts, and describes the development of domestic violence courts in Australia. The author stresses that the genesis of specialist domestic violence courts is based in observance of the rights, needs and interests of victims of domestic violence to be safe and free of further violence, intimidation and harassment. The origin of specialist domestic violence courts is described and put in the context of the numerous inadequacies (described in the paper) of mainstream criminal justice processes for dealing with domestic violence with the interests and safety of victims as the central focus. The various models of specialist domestic violence courts are described. These have in common a stated focus on the safety and interests of victims, and the goals of improving the police response to domestic violence in order to bring matters before the courts and to increase prosecution rates and guilty pleas. The research shows that the benefits of specialist domestic violence courts are in the strength of the process of integrating service and legal responses to domestic violence. The author concludes that there would be great value in the establishment of appropriately resourced specialist domestic violence courts. The key to the successful operation of specialist domestic violence courts is the development of carefully researched and negotiated protocols and procedures, including processes for court case tracking and case management hearings. There are also major challenges in upgrading police practice in domestic violence cases to significantly higher quality of intervention and investigation, and in sustaining these major changes over time. External independent evaluation of the program is critical. The author also identifies a risk that the movement to set up specialist domestic violence courts might be derailed by the doctrine of 'therapeutic jurisprudence', with its focus on the well-being and healing of offenders. It is noted that there is scant research on recidivism by domestic violence offenders and what prevents domestic violence, with the benefits of prevention of reoffending yet to be measured; however, the cost of domestic violence to Australia in 2002- 2003 was
_8.1 billion. The author notes that caution needs to be taken in the development and implementation of specialist domestic violence courts in Australia to avoid any perception of a softening of the legal response to perpetrators of domestic violence.
522 _aau
650 2 7 _2FVC
_aDOMESTIC VIOLENCE
_9203
650 2 7 _aFAMILY LAW
_9244
650 2 0 _aFAMILY VIOLENCE COURTS
_910827
650 2 7 _2FVC
_aINTERVENTION
_9326
650 2 7 _2FVC
_aJUSTICE
_9333
650 2 7 _aINTIMATE PARTNER VIOLENCE
_9431
650 2 7 _aOFFENDERS
_9413
650 2 4 _aVICTIMS OF DOMESTIC VIOLENCE
_9624
651 4 _aAUSTRALIA
_92597
773 0 3 _tADFVC issues paper, 2005, no. 10
830 _aADFVC issues paper
_95514
856 _uhttps://files.vine.org.nz/koha-files/3530_Issuespaper_10.pdf
942 _2ddc
_cBRIEFING