Professional Documents
Culture Documents
Specialized Domestic Violence Courts
Specialized Domestic Violence Courts
To cite this article: Martha L. Coulter Dr. P.H., MSW , Abigail Alexander & Victoria
Harrison (2007) Specialized Domestic Violence Courts, Women & Criminal Justice,
16:3, 91-106, DOI: 10.1300/J012v16n03_05
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Specialized Domestic Violence Courts:
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specialized drug courts’ focus moves away from the punitive orienta-
tion of the legal process to a more therapeutic focus through interven-
tion, drug treatment and restoration (Turner et al, 2002; Belenko, 2002;
Goldkamp, White & Robinson, 2001). While results from drug courts
vary, many report a reduction in recidivism rates, drug abuse, judicial
and probation caseloads as well as a reduction in cost (Turner et al.,
2002; Goldkamp, White & Robinson, 2001). On the basis of the special-
ized drug court model, specialized domestic violence courts builds from
two legal philosophies of restorative justice and therapeutic jurispru-
dence, assessing the positive and negative effects of the legal system on
the social and psychological functioning of individuals and reflects a
commitment to providing comprehensive services (Tsai, 2000).
While improvements in traditional criminal courts regarding the han-
dling of domestic violence cases are apparent in recent years, special-
ized domestic violence courts were developed to address some of the
weaknesses apparent in traditional court settings. Evidence shows orga-
nizational and attitudinal weaknesses in traditional courts in regard to
domestic violence cases, which affects victims’ experiences throughout
the court process. Attitudes of court personnel, such as victim blaming
(Hart, 1993) can reflect biases, thus adversely affecting victims’ cases
(Hartman & Belknap, 2003; Erez & Belknap, 1998). Due to a lack of
uniform understanding about the dynamics of domestic violence, tradi-
tional courts tend to minimize the criminal nature of domestic violence
cases (Ptacek, 1999). What could be potentially more dangerous is that
court personnel underestimate the severity of their biases and their re-
sulting impact on the judicial process (Erez & Belknap, 1998; Hart,
1993).
Victims tend to have different interests in the criminal justice system
than the criminal court personnel (Hart, 1993). Safety, protection and
participation are significant barriers to victims’ sense of satisfaction
(Erez & Belknap, 1998; Hart, 1993). Victims’ sense of fairness, respect
and empowerment shape their perceptions and influence whether they
will handle future actions regarding domestic violence outside of the
court system (Richman, 2002). Confusion regarding the system, fear
and frustration contribute to the already stressful nature of legal action
for victims (Bennett, Goodman & Dutton, 1999). Legal interventions
that incorporate victim preferences are positively received by victims
(Smith, 2001).
Coulter, Alexander, and Harrison 93
the various personnel in the court, and judicial expertise in domestic vi-
olence (Karan, Keilitz & Denaro, 1999). This model has been found to
be more effective in the intake process and organizational management
(Epstein, 1999; Karan, Keilitz & Denaro, 1999), and has decreased re-
cidivism rates and an increased responsiveness in the criminal justice
system (Gover, MacDonald & Alpert, 2003). The specialized nature of
the courts coordinates community services and resources providing a
more integrated approach (Gover, MacDonald & Alpert, 2003; Levey,
Steketee & Keilitz, 2000; Tsai, 2000), thus making the community
more aware of domestic violence issues (Karan, Keilitz & Denaro,
1999). However, Dunford, Frederick, Hart and Hofford (1998) believe
that specialized courts continue to ignore victims’ needs such as safety,
preventative measures and community resources.
In 1994, the Florida State Commission on Family Courts made rec-
ommendations to include domestic violence in the jurisdiction of new
family law divisions in Florida in response to the increased caseload in
the courts and the difficulties of family abuse issues (FL State Correc-
tions Commission, 1997), and was implemented in different ways. This
paper compares and contrasts victims’ attitudes and perceived effec-
tiveness of Florida’s court system. Victims represent counties with tra-
ditional, general court models and counties with specialized domestic
violence court models. Additionally, data from court police from spe-
cialized courts, and judges, attorneys and victims advocates from both
models are analyzed in relation to victims’ data and compared across
court models.
METHODS
FINDINGS
Victim Data
Information Issues
Noted across several focus groups from both court models is the need
for victims to do a great deal of researching, phone calling, and investi-
gating to support their own case in court, something a few participants
refer to as doing the legal “legwork.” For example, a participant from a
domestic violence court states, “I had to do my own legwork, I had to be
my own investigator, prosecutor, and support system. The end result,
was that this man was charged with trespassing and spent 10 days in
jail-my rape and assault went unnoticed.”
A participant from a domestic violence court system states, “The
amount of hours I have spent educating myself, calling people, attend-
ing court hearings, it would probably be around 300 hours of my per-
sonal time on this whole mess. And that does not even count worry
time.” A woman from general court explains that she knows there is
help but “its just a matter of asking, finding, doing research and
searching for [help].”
In some cases, the process is confusing and victims report they have
insufficient guidance to get through the legal system. One woman from
a general court states “It was very, very confusing for me. I don’t know
about anybody else. I’ve never been in the system or had any experience
as a victim prior to this so I really didn’t know the right questions to ask,
or didn’t know which steps to really follow through with. So, it was very
confusing for me.” Another woman from the same group states, “But all
that time, you are fighting, you are struggling the system. You don’t
know what they’re doing. You don’t have any access to what’s happen-
ing. You don’t get notices. The only reason that I knew anything about
what was going on . . . the only reason, like I said, [Name of Victim
Advocate] was the victim advocate.”
Several participants from specialized courts found that there was a
general lack of assistance throughout the legal process and that there is
very little predictability in what area one will receive assistance. One
96 WOMEN & CRIMINAL JUSTICE
told her she tried talking me out of it, and I did not appreciate it because I
felt I was in fear of my husband right there in the courtroom”.
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The biggest thing is that you have to repeat your story 100 times,
and it’s embarrassing and humiliating. You want it over and done
with and you don’t want everyone to know what’s going on. Be-
cause, people say they don’t discriminate. . .Then they look at you
and say, ‘Well, you healed nicely’. That’s when you don’t want to
mess with it anymore and you give up!
Others, who have had to repeat their “stories” several times within
the legal process, describe holes and lack of communication within the
court infrastructure. One woman states that in the general courts “The
clerk’s office doesn’t necessarily talk to the people upstairs. Or the ad-
vocates’ office. Or the sheriff’s office.” Several participants from spe-
cialized courts report feeling like they were the ones with the problem
and feeling revictimized all over again. One woman explains that this is
“why victims stay in the abusive situation, because going to court only
victimizes you again.”
Attorneys showed insensitivity regarding cases by not being ade-
quately prepared, and in one instance, blatantly disregarded this indi-
98 WOMEN & CRIMINAL JUSTICE
mestic violence and that they show their biases in ways that minimize
participants’ experiences. In several specialized court settings, it is re-
ported that judges didn’t allow the victims to address their concerns. One
individual explains “in a way your case and your life all depend on if the
judge is in a good mood . . . if he is in a good mood, it’s lucky for you.”
Language Barriers
Some other participants discuss the support they received from their
victim advocates. For example, a woman from a domestic violence
court states, “The only thing that kept me going through all this (court
Coulter, Alexander, and Harrison 99
process) was the victim advocate. She was the one that pushed for me,
otherwise I probably would have given up.”
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Recommendations
Victims of domestic violence, whether they participated in special-
ized domestic violence court or the traditional court system, had numer-
ous shared areas where they would like to see improvement or changes
within the court process. Table 1 outlines victims’ suggestions.
Court Police
The courtroom police offer interesting insight into the judicial pro-
cess, which often supports and corroborates victims’ experiences in the
specialized court setting. Due to the small numbers, the focus group
findings (n = 12) and the questionnaire findings (n = 14) will be pre-
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many duties they are not able to have their full attention on the victims.
Describing the position of courtroom cop as being “bottom of the hill,”
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one explains: “The cop is always the common denominator at all in-
stances, ”he’s just standing around anyway, let’s throw this at him, too.”
But, let someone get hurt in the courtroom because we’re busy handling
paperwork or something-we are responsible for all of it! Something is
wrong here!”
The court police report that for many situations the prosecution of do-
mestic violence cases is inappropriate and a waste of the courts’ time.
As one respondent explains: “I think [we] all understand that domestic
violence is an emotional issue. It’s dealt with as an emotional issue,
rather than a criminal issue, but we are using criminal laws to facilitate
that.”In general, court police feel there are more serious crimes more
appropriate for the criminal justice system affording courts to make
more of an impact. They explain that victims only get a piece of paper
providing no real protection, thus showing the ineffectiveness of prose-
cuting domestic violence cases.
Some court police feel that the victims of domestic violence misuse
the court system. Divorce, child custody, and other legal matters are of-
ten addressed within this forum, thus moving away from the intended
criminal purpose of domestic violence cases. In other words, court po-
lice feel that too many extraneous issues are being brought into the
courtroom, thus minimizing the appropriateness of hearing domestic
violence cases in the first place.
With regard to knowledge about domestic violence issues, court po-
lice reflect insensitivity to the potential lethality of abusive situations.
One focus group distinguishes between real victims and those who are
taking advantage of the system. Speaking about victim advocates’ con-
cern for victims’ safety in the courthouse, one court officer explains
“that they really make a mountain-out-of-a-hole-hill, ‘oh, she needs an
escort’, and really, its not that bad. Again, if they need an escort, we pro-
vide it, because that’s our job, to provide security here at the courthouse.
But, it just seems like it is exaggerated on many, many occasions.”
In general, court police feel that judges have a good understanding of
domestic violence and that they put a lot of “time and consideration into
it, which is good. That’s one of positives that we get to see. Because we
know that these judges don’t take it lightly.” Other positive aspects of
the specialized courts include the increased accessibility to the courts
102 WOMEN & CRIMINAL JUSTICE
and quicker processing of the cases, and the role and presence of the vic-
tim advocates. One focus group identified the victims’ advocates as be-
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ing there mostly for comfort, which they recognize as being important
for the victims.
Recommendations
half in the specialized courts (56%; n = 20). In both court models, judges
are more likely to report safety concerns. Sixty-four percent (n = 9) of the
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victim advocates from general court report that they have safety con-
cerns for the victims, which is very similar to perceptions in the special-
ized court (59%; n = 10).
DISCUSSION
with court personnel feedback shows that several issues are supported
by the courtroom police such as increasing support within the court-
room process, improving management of information for victims, and
allowing for greater flexibility within the system to better serve the vic-
tims. However, attorneys’ and judges’ and courtroom polices’ positive
perceptions of victims’ safety counter what the victims themselves in
both court settings feel. Victims often feel unsafe and while court offi-
cers and others might believe that this anxiety is unwarranted, the feel-
ings of lack of safety clearly replicate the feelings of fear experienced
by victims in abusive situations. Safety provisions are often approached
from the perspective of the overt signs between the two parties. Yet, as
discussed by some victims, the presence of extended family and friends
of their abusers, and the courthouse staff’s sincere efforts and de-
meanor, are often substantial factors in their feelings of safety.
In terms of support, attorneys’ and judges’ perceptions of victim sup-
port counters victims’ perceptions. Victims are confronted by informa-
tional barriers and have little knowledge with which to predict some of
the basic procedures within the court process. The associated time, cost
and required negotiation of the system yields negative experiences
throughout the process, for which victims offer a number of recommen-
dations. In both court models, victims suggest increasing guidance
through the court system by involving individuals who have been a part
of the process. Additionally, victims and courtroom police suggest a
step-by-step procedure that would guide and equip them with the details
in an effort to minimize the unknown elements that may cause addi-
tional stress. Just as judges’ attempts to allow victims to be heard are
very positively received, victims suggest that they be given an opportu-
Coulter, Alexander, and Harrison 105
SUMMARY
This study indicates that while some court personnel feel that court
processes may be improved through the establishment of the special-
ized courts, improvements are not evident. Most notably, change in the
areas of training of court personnel and the provision of increased sup-
port and safety for victims are imperative. Further comparative studies
of operational management, judicial caseloads and community collabo-
ration in relation to case outcomes among specialized and general
courts are indicated.
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doi: 10.1300/J012v16n03_05