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Domestic violence is considered one of the most significant issues facing the state courts, and these cases constitute a substantial portion of the domestic-relations caseload. In a recent National Center for State Courts' study of incoming domestic-relations cases in 30 states, protection orders accounted for 25 percent of the domestic-relations caseload in 2005, only second to divorce cases at 33 percent (Examining the Work of State Courts, 2006). While the legal definitions of domestic violence can vary between states, the National Center for State Courts' State Court Guide to Statistical Reporting defines “domestic violence” as “a subcategory of criminal cases involving violence, coercion, or intimidation by a family or household member against another family or household member that could result in the filing of felony or misdemeanor charges, the issuance of a civil protection order, or an action for civil damages.”
State courts are becoming more efficient in how they handle domestic-violence cases through improved practices and procedures for restraining orders, improved monitoring of batterer-intervention programs, stricter enforcement of firearms-relinquishment laws and orders, and greater use of technology to enhance all of these efforts. Specialized processes, such as domestic-violence courts, have also been effective in many jurisdictions.
Courts are increasingly aware that approaches that involve community stakeholders, such as law enforcement and social services, are critical to improving safety for victims and holding offenders accountable. Other strategies include improving collaborations across child-welfare and domestic-violence agencies and dependency courts. New practices may include enhancements to cross-system understanding and interaction, creation of specialized positions or processes for handling domestic-violence cases in court, and the development of protocols and systemic changes that ensure maximum safety for victims. In addition, new strategies that address race, culture, and gender issues; greater participation by victims and families in crafting solutions; and more meaningful engagement of men as allies in protecting women and children will assist the courts in their crafting new solutions to meet victim, offender, and community needs.
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