Program Goals
Domestic violence (DV) courts are specialized, problem-solving courts that specifically handle DV cases. In New York, a family with a DV case may also have related cases in family, criminal, and matrimonial court. This can result in conflicting court or protective orders, or inconsistent decisions made by multiple judges. New York's Integrated Domestic Violence (IDV) courts are part of a unified "one family-one judge" model, in which a single judge hears all cases (criminal, family, matrimonial) related to a single family. The overall goals of IDV courts are to improve court efficiency, allow for more informed judicial decision making, promote victim safety, eliminate conflicting orders, and improve service delivery to victims of domestic violence and their children (Katz and Rempel 2001). The courts promote justice while providing a comprehensive approach to case resolution, and aim to eliminate inconsistent and conflicting judicial offers.
There are over 200 DV courts operating across the United State. The state of New York is home to 64 DV courts (Cissner, Labriola, and Rempel 2013). New York State has criminal and integrated DV courts. Criminal DV courts tend to be more common throughout the United States, and operate a specialized caseload for which eligibility is determined on a case-by-case basis and includes DV-related cases only. Integrated DV courts are similar, but place criminal, family, and matrimonial cases involving the same family before one judge. Both types of DV courts focus on rehabilitating the person and typically act as a diversion option in lieu of a jail sentence.
Target Population/Eligibility
In New York, to be eligible for IDV court, a family must have a criminal DV case pending as well as a family court case, matrimonial case, or both. In addition, at least one defendant and one complaining witness to the criminal case is also a party to the family or matrimonial (divorce) case (New York State Unified Court System 2014). Cases eligible for IDV courts are identified using the Integrated Domestic Violence Application, a case management system used to track cases transferred to IDV courts throughout the state of New York.
Once the court has confirmed that the case meets the standards for inclusion, the court may identify and accept additional cases per family, including custody, visitation, and paternity cases.
Program Components
The following program elements are part of the New York IDV court model:
Comprehensive jurisdiction: IDV courts have jurisdiction over all matters affecting families and children, including intrafamily criminal offenses.
One judge: The judge who is assigned to the family-specific court cases is cross-trained to handle all matters, criminal and civil, relating to the family.
Defendant monitoring: To ensure monitoring, the courts schedule regular compliance dates to keep closer tabs on defendants and respond to allegations of noncompliance.
Efficiency: The courts handle both civil and criminal cases, in a single integrated hearing, to reduce the numbers of court appearances for litigants. This also increases the speed for dispositions and streamlines the process for participants.
Victim services: The courts connect litigants with needed and accessible services. Courts work in connection with community-based victims’ advocates to coordinate services for victims. Services include counseling, job training, and housing.
Key Personnel
Important personnel in the IDV court system include a trained and dedicated IDV judge, resource coordinator, project director, IDV court clerks, prosecutor, law guardian, victim advocates, and several attorneys who will appear regularly.
