Family Violence Forum Published by the NCSC FAMILY VIOLENCE Community of Practice for our State Court Constituents  Vol. 1, No. 2, Summer 2002

Improving the Justice System’s Response to Family Violence

The Family Violence Community of Practice newsletter shares ideas and keeps our colleagues informed about practices that improve the justice system’s response in family violence cases. Please contact Madelynn Herman, knowledge management analyst, at mherman@ncsc.dni.us or (757) 259-1549 to with questions, concerns, or suggestions for the Family Violence CoP. More information is on our web site at www.ncsconline.org. To add or delete your address on our mailing list, please e-mail Cheryl Wright at cwright@ncsc.dnius.

In This Issue:

1. Supervised Visitation and Exchange Centers - Improving Safety for Families

2. Supervising Domestic Violence Offenders - National Work Group Meets to Develop Practices and Standards

3. Williamsburg to Miami - Batterers on Probation & Distance Learning

4. Domestic Violence Awareness Training - California Works to Reach Children Affected by Domestic Violence 

5. Resource Corner 

1. Supervised Visitation and Exchange Centers - Improving Safety for Families

Supervised visitation centers play an important role in promoting safe families.  A supervised exchange means that children are transferred from one parent to the other in a safe, neutral site.  Their presence demonstrates community involvement for children from families where child abuse, domestic violence or parental substance abuse may be a problem.  They allow smoother, nonviolent exchanges between parents.

Historically, in families where abuse has occurred, the exchange of children between parents for visiting purposes can create anxiety for children and an opportunity for more violence to occur.  These meetings can deteriorate quickly in the child’s presence thereby generating anxiety and fear.  By staggering drop-off and pickup times at a staffed and monitored neutral site, parents do not have to see each other.  This minimizes the opportunity for verbal or physical conflict.  It also reduces anxiety for children who may already blame themselves for abuse they have witnessed or endured or for their parents’ separation.  

In addition to supervised exchanges, visitation centers also provide a safe, neutral meeting space for the non-custodial parent and child to interact.  The supervised visitation and exchange format provide continuity for children already adjusting to changes in their life situation. 

“Safety is a critical element in the design of such centers,” said Hillery Efkeman, NCSC Court Research Associate. “At recent meetings held to discuss full faith and credit issues, participants describe inconsistencies where judges have included stay away elements in protection orders designed to keep a woman safe but then add on a visitation exchange provision that actually requires the petitioner and respondent to break the provision.”

Informing judges, court staff and community members about the presence and purpose of these centers is an important step in their ongoing success.  

The Supervised Visitation Centers are designed to maintain the contact between the accused parent and the children while the court makes its decision.  Supervised visitation centers also function as places where parents can visit children who have become wards of the state.

Florida now has over 30 such centers where judges can order one or more parents to visit their children under strict supervision.  They are developing a system of statewide funding for the separate visitation centers and a standardized system of certification. 

According to the Clearinghouse on Supervised Visitation, court support, funding, and security are the three biggest considerations in starting a center.  In Florida, all supervised visitation cases are court-referred.  It is recommended that judges assist with the formation of program policies and procedures and be willing to review the status of cases referred to the program. 

Resources:

Clearinghouse on Supervised Visitation at the Florida State University School of Social Work.  The Clearinghouse provides useful services for the centers in Florida and has a free brochure on ‘Starting a new Supervised Visitation Center’ (http://familyvio.ssw.fsu.edu/sv%20brochure-1.pdf).

2. Supervising Domestic Violence Offenders - National Work Group Meets to Develop Principles and Standards

The American Probation and Parole Association held its first National Work Group meeting in Lexington KY on May 9-10 to discuss how probation departments can improve their supervision of batterers.

A team of experts from around the country including advocates, line officers, probation supervisors, batterer intervention specialists, academics and trainers began working together to try to develop practice principles and standards for supervising domestic violence offenders

Not surprisingly, there were different philosophies expressed in how best to accomplish this goal. Acknowledging that the culture of probation offices varies widely, the group committed to adopt protocols that promote victim safety and batterer accountability. Eventually a training and technical assistance curriculum based on the established principles and standards will be developed. Jurisdictional probation teams will be recruited and selected to adopt and implement the practice principles; these communities will be provided with technical assistance for this purpose.

While coordinated community councils are now fairly standard, too often, probation has not played a significant role. One goal of the project is to increase both the batterer and victim’s understanding about what probation can and cannot do. In addition, it is imperative that probation explains its role to other justice system participants and the community in general. It is hoped that these efforts will close some of the systemic gaps too often exploited by batterers at the expense of victim safety. This effort reflects the realization of the significant role probation can play in deterring further abuse.

The Violence Against Women Office is funding this project and it is a collaborative effort between APPA and its partner organizations including the Pennsylvania Coalition Against Domestic Violence and the National Center for State Courts.

*********************************************

National Center for State Courts
Institute for Court Management 

COURSE ANNOUNCEMENT: Juvenile & Family Court Performance Standards
June 24 - 26, 2002; Arlington, Virginia

Judges, court managers, attorneys, legislators and others interested in the performance of family courts will learn how to use the Family Court Performance Standards (FCPS) to better manage, plan, and lead their courts.

Fee: $675
Location: Quality Hotel and Suites, 1200 North Courthouse Road, Arlington, VA 22201 (Phone: 703-247-1006)
To Register: Call (800) 616-6160.

*********************************************

3. Williamsburg to Miami - Batterers on Probation and Distance Learning

The National Center for State Courts presented a Distance Learning module for probation officers in Miami-Dade County to improve supervision of batterers. Mike Thomas of the New York State Probation Domestic Violence Intervention Project and Lynn Levey of the National Center for State Courts presented a two hour interactive program that included ways to increase batterer accountability and victim safety.

Role plays illustrated the day to day challenges faced by Probation Officers dealing with batterers. One example demonstrated how to respond to batterers in ways that do not reinforce their beliefs about their behavior. Interruptions and comments were welcomed and provided opportunities for feedback and learning. Avoiding collusion, modeling nonabusive behavior, and how to improve monitoring and compliance were all discussed.

Participants in Miami and presenters in Williamsburg saw one another on video screens. Participants simultaneously viewed a powerpoint presentation. This allowed participants to ask presenters questions directly either via video or by using the tools in WebEx to direct a question electronically. Verbal and electronic questions generate ongoing and immediate dialogue. It was particularly useful because points could be clarified or expanded according to the particular interest of participants.

Given constrained travel budgets, this kind of technology and presentation can be used in a number of ways in a relatively cost effective manner. For more information about using interactive distance learning programs for domestic violence initiatives, please contact Lynn Levey, National Center for State Courts, llevey@ncsc.dni.us.

4. Domestic Violence Awareness Training - California Works to Reach Children Affected by Domestic Violence

Judge Pamela Iles believes that education is key to stopping the cycle of child abuse in families where domestic violence is an issue. As she deals with thousands of families in her Orange County, California court, Judge Iles’s goal is to reunite and keep families together whenever possible. She looks to teachers, guidance counselors, and school psychologists for help in reaching out to the children in such families.

In 1999, modeling a textbook example of court and community collaboration, Judges Iles and her court staff partnered with the William Gillespie Foundation; the Orange County Board of Supervisors; Capistrano, Saddleback Valley, Laguna Beach, Irvine, and Newport Mesa Unified School Districts; the Orange County Department of Education; the Orange County Public Defender’s and District Attorney’s offices; Orange County Probation; the Orange County Sheriff’s Office; the Orange County Social Services and Health Care agencies; and many other supporters to sponsor the first Domestic Violence Training and Awareness Program. This one-day seminar, "Children in Crisis," is now four years strong and continues to attract over 600 area educators annually.

Funded by donations, Judge Iles’s program has been able to provide an incredible day of training on domestic violence and its impact on the families with children. The program also provides materials and information for students about domestic violence, child abuse, and teen-dating violence.

Conference speakers have included domestic violence experts, doctors, victims, social services personnel, law enforcement specialists, and the state’s Attorney General.

A recipient of the 2000 Ralph Kleps Award, an annual award of excellence administered by the California Administrative Office of the Courts, this innovative training spawned two more domestic-violence-training seminars. In May of 2001, the first annual clergy conference "Families in Crisis" was held with 150 people in attendance, and in February of this year, the teen conference "Love Is Not Supposed to Hurt" attracted more than 100 interested junior high and high school students.

Teachers, church officials, and teens have found the seminars to provide valuable information about resources, opportunities to collaborate with the courts, and appropriate response to abuse and domestic violence.

To find out more information on these innovative and far-reaching projects, contact Ms. Leslie Howard, Orange County domestic violence coordinator, at (949) 249-5175 or via e-mail at lhoward@occourts.org.

5. The Resource Corner - Links to State Resources Available

The explosion of web information includes a host of resources on family violence. Information on court, state government, coalition, police department, and private and national organization web sites are available to victims of domestic violence as well as practitioners. A new publication on the NCSC web site will connect you to many of these resources.

The "State Links" publication pulls together links to programs and resources organized by state and topic area. Find it by navigating from our home page at www.ncsconline.org. Click on the Court Information button, then on the Juvenile and Family Justice folder. When the folder topics appear, click on Family Violence then Publications. Scroll down to find the publication called "State Links." (http://www.ncsconline.org/WC/Publications/KIS_FamVioStateLinksPub.pdf)

Examples of interesting information includes:

•  Domestic Violence: A Guide to Civil and Criminal Proceedings, 2nd Edition. (Michigan Judicial Institute, 2001.) This is an excellent example of a comprehensive electronic benchbook. 
• Guidelines for Mediation Cases in Cases Involving Domestic Violence, Georgia Commission on Dispute Resolution.
• Coordinated Community Action Model, Domestic Violence Institute of Michigan.
• Model Domestic Violence Policy for Counties, State of New York.
• Domestic Violence and the Law—A Practical Guide for Survivors, The Young Lawyers Section of the Missouri Bar.
• Family Law Information Centers, CA Judicial Council’s Center for Families, Children and the Courts.
• Spanish Domestic Violence Forms, North Carolina Courts.
• Domestic Violence Judgment Entries, Delaware Municipal Court, Delaware County. You can view domestic violence convictions and current orders of protection – including a picture of the offender.
• The Domestic Violence Project of Santa Clara County, California – a very comprehensive website.
• Domestic Violence Law, Maryland Law Online.

Your comments and suggestions are welcome! If your state or court has information on family violence that you would like to see included in our state links publication, please contact Madelynn Herman at mherman@ncsc.dni.us or (757) 259-1549.

To request information or technical assistance on family violence, victims, or other topics, see our online request form at www.ncsconline.org/Information or call 800-616-6164.