The Need for a Domestic Violence Court
Questions frequently arise about why the Women’s Fund advocates for a domestic violence court. How do they work, and is it really necessary? This blog will attempt to address some of those questions, while providing information on how these courts are unique and some local data to justify how desperately our community needs one.
How do Problem-Solving Courts work, and why are they more effective?
Problem-Solving Courts (PSC) attempt to address underlying problems that contribute to criminal behavior, while seeking to improve court outcomes that serve all involved parties: victims, defendants, and communities. This model differs from traditional courts by focusing on one type of offense or type of person committing the crime. By focusing a court on one specific issue (i.e., drugs, veterans, domestic violence), legal systems are able to more effectively respond to not just the individual issue at hand but also the root causes such as addiction or mental illness.
A key element of PSC is the creation of an interdisciplinary team, led by a judge, to collaborate on two goals:
Case management to create better communication within the court system to help expedite processing and reduce time in court
Therapeutic programming to reduce criminal offending by treating substance use disorders, mental health issues, or other underlying factors leading to the offense
Some strategies often used by PSC could include extended probation, frequent appearances before the judge and probation officers to increase accountability, and regular substance testing.
Research has shown that PSC are effective at reducing repeat offenses. Right here in Indiana, the domestic violence court in Bedford has put 30 defendants through their program since starting in 2015. Only one of those 30 individuals has reoffended since working through the domestic violence court. According to the National Association of Drug Court Professionals, 70% of defendants finish their program, and 75% are not rearrested within two years. Treating everyone in the courtroom with dignity and respect can help reduce recidivism, improve community safety, and enhance the public’s confidence in the legal system.
Is the issue serious enough in our community to justify a domestic violence PSC?
In our 2020 Women & Girls of Greater Fort Wayne Study, we learned that the domestic violence prevalence for women in our community is one in three. This outpaces the national average of one in four.
Over our legal system listening tour over the last year, we have learned even more staggering numbers. The Fort Wayne Police Department reports an average of 10,000 domestic violence-related phone calls year-to-year for the last four years (that’s just the city, not the county). The Victims Assistance Department reports providing services for approximately 5,500 survivors of domestic violence each year. Even with such high call rates and numbers of victims, the supervised probation program for domestic violence averages only 120 defendants a year.
According to the Indiana Coalition Against Domestic Violence, Allen County leads the state in both domestic violence arrests and homicides over the last four years, with 181% in domestic violence homicides from 2020 to 2021.
What is the Women’s Fund hoping to see in an Allen County Domestic Violence PSC?
Specialized courts work because caseloads are small, allowing intensive attention to be focused on a relatively small number of cases. We are hoping to have the court start small and grow as it learns what methods are most effective.
Due to the current lack of accountability and the high amount of cases ordered to unsupervised probation, the goal is for a domestic violence court to provide more attention to the status of offenders. Currently, it takes five misdemeanors before a defendant is moved to the felony level and given supervised probation. With more frequent check-ins, more mental health services, and better evaluations to determine risk levels offered by a domestic violence court, we hope to see greater accountability and reduced recidivism before that felony level is ever reached.
We also hope to see new systems in place to support survivors. Currently, the process of obtaining a protective order can be confusing and time-consuming. Chicago and Louisville are both model courts when it comes to providing systemic support: from victims-only elevators, free childcare during court hearings and therapy sessions, pro-bono attorneys to assist with protective order filings, and on-call translators. The Women’s Fund hopes to see some of these approaches implemented at the front end of the court process.
Another important element of domestic violence court is education around the issue. It wasn’t until the 1990’s that domestic violence was widely deemed illegal in the United States. Thirty years later, there is still a lack of understanding when it comes to what is classified as domestic violence. While physical abuse is a large part, domestic violence can also be emotional, financial, or spiritual. An ideal domestic violence court would include frequent training and education for all involved legal system parties around what qualifies as domestic violence and what it often looks like.
What can I do to help?
Support local organizations that serve domestic violence survivors, like the YWCA, Victims Assistance, SCAN, Amani, and the Center for Nonviolence.
Read more about Domestic Violence Problem Solving Courts through our partner, the Center for Court Innovation.
Ask your employer for your workplace policy for domestic violence leave. Don’t have one? Refer them to our Employer Toolkit Cohort.