Practice Goals/Target Population
Domestic violence courts (DVCs) follow the problem-solving court model and offer alternative judicial processing for individuals accused of domestic violence. DVCs seek to reduce both general recidivism and violent domestic recidivism among individuals charged with a domestic violence offense.
Practice Components
The option to participate in a DVC is offered at pretrial or post-arraignment (after the first court appearance) and often requires a guilty plea to a domestic violence offense. While components vary across courts, some components are largely common to DVCs. For example, DVCs often involve judicial monitoring and coordination among community stakeholders (e.g., judges, mental health workers, social services, police). They may also be referred to batterer intervention programs and other social services in the community (e.g., substance abuse programming, mental health agencies).
Individuals who participate in DVCs are often required to attend status hearings before a judge for a specified frequency (e.g., weekly or biweekly), which can increase or decrease depending on the individual’s progress. At the scheduled hearings, the individual, the judge, and any community/legal representatives discuss the individual’s behavior and progress. The judge will traditionally review progress, restate the responsibilities of the individual, and provide praise or sanctioning, which can range from verbal warnings to jail time.
If they fail to meet the requirements set out by the court, their original charges may be reinstated or a bench warrant may be issued and a suspended sentence imposed. Although there are similarities regarding practice components, there are differences in the types of cases that DVCs accept (for example, misdemeanor versus felony cases, first-time versus those who are repeatedly convicted of domestic violence offenses).
Practice Theory
The DVC model is largely based on the therapeutic jurisprudence approach, which seeks to deal with individuals with a guilty domestic violence charge and their victims using a problem-solving paradigm. Specifically, the approach involves coordinating the efforts of community players (e.g., judges, mental health workers, social services, police) to help in restoring the harm caused by the offense (Ostrom 2003; Wexler and Winick 1996).