Smithers BC
Domestic Violence Court
Options
May 2005
Jane Coombe
Policy and Program Analyst
Public Safety and Solicitor General
Special Thanks
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Smither’s VAWIR Committee
Sandra Bryce DVTO Yukon
Dian Nannarone Ontario AG
Judge Eugene Hyman Santa Clara County
Judge Hugh Stanfield, Kelowna
S/Sgt Keith Hammond, Vancouver Domestic
Violence Unit
Susanne Dahlin, VSCPD
Purpose Of Presentation

Context of coordination and partnerships
 What is effective and how we can improve
 DV Courts and different models
 Critical components
 Key players and what is different
 Yukon DVTO and how it works
 Management structure, coordination
 Key links to Child Welfare, First Nations, Hospitals
 Case processing
 Evaluations
 Next steps
Context. How Have We Improved
Safety And Increased Accountability?
– Operational Partnerships
– Justice System:
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policy implementation provincial and local
level
– Victim Service Programs
–
victim support, protective measures, safety
planning, priority response partnerships
– Community Coordination
Local and provincial, CCWS to improve
response, identify issues, support policy
implementation.
Smither’s VAWIR committee to be
commended for their ongoing support
for policy implementation and
training.
Improving Safety for Women:
Operational Partnerships
– Diversity Groups:
input strategy, responses, resources,
focus testing, pilot programs
– Private Sector:
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Safety and security
ADT Canada, TELUS Mobility
– BC Justice Institute:
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Develop and deliver specialized and
interdisciplinary Training
– BC Legal Services Society
BCSPCA: Education and Awareness
Improving Safety for Women:
Operational Partnerships
– Universities and BCIFV:
Research to improve operational
responses: empowerment research,
risk assessment for victim safety,
femicide, criminal harassment.
– Research With Programs:
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safety audits, New West and Victoria
police release on a promise to appear
with an undertaking
Empowerment research
– Technology:
Protection Order Registry 24/7
Firearms checks
What Are The Key Elements Of
Effective Operational
Partnerships To Improve Safety?
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Development and implementation of pro charge
and pro prosecution policies
Interdisciplinary and sector specific training
Support and advocacy for victims
Court mandated programs for batterers
Public education that violence is not acceptable
Can We Improve Our Response?
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Create a common philosophical approach that centralizes
victim safety
Establish consistent policies and protocols for intervening
agencies
Enhance networking among service providers including all
justice partners
Build monitoring and tracking systems to strengthen
system accountability
Speak out for battered women within the CJS and broader
community
Provide sanctions and rehabilitation opportunities for
abusers
Undo the harm violence against women does to children
Can we Improve Response with
Domestic Violence Courts?
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What is a Domestic Violence Court?
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DV Courts closely resemble other criminal courts, the main
difference is that all members of the CJS are specialized in
handling DV cases.
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Designated staff with an understanding of the dynamics of
abuse. No rotation of staff.
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Systems and protocols developed to support coordination
within a context of specially tailored court management
strategies.
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Recognizes that domestic violence is a serious criminal act
that requires more innovative response combining court
treatment and victim support.
What Jurisdictions have Domestic
Violence Courts?
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Winnipeg (1990) First specialized family court
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Ontario (1997) Response to May –Iles Inquest.
54 sites.
Early intervention and access to treatment for
offenders with no prior convictions or who did
not use a weapon.
Coordinated prosecution stream gathering solid
evidence to support vigorous prosecution.
ADMs Committee to address intersectoral issues.
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Jurisdictions with DV Courts
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Calgary (2000) Homefront. Edmonton 2002
Docket court. Sits every morning.
Goal to reduce DV and link offender and victim to
specialized services quickly.
 Pre court conference. Risk assessments.
 Specialized probation and early access to
treatment.
 Protocols developed with 52 agencies, hospitals
aboriginal organizations and child welfare.
 Engaged community as a whole.
 Receive corporate funding.
Jurisdictions with DV Courts
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Yukon Domestic Violence Treatment Option (2000)
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Encourage more disclosures
provide early intervention
hold offenders accountable
reduce high collapse rate of court cases
provide treatment option to offenders under close supervision
of the court and treatment professionals
protect and support victims.
Ongoing monitoring and accountability
Judge driven, steering committee of community and justice
professionals
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Smithers, BC 2005?
What are the Critical Components
of an Effective DV Court
Response?
1.
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Methods to expedite cases (BC policy requires expeditious
handling)
Sensitive, appropriate service provided by trained justice
professionals
Coordination of justice system response (policy and
practice)
Coordination with a range of service providers
Early access to treatment by offenders (capitalize on
offender motivation)
Monitoring of offender compliance with meaningful
sanctions to hold offenders accountable
Access to support, information and referral by victims
Monitoring and evaluation of systems to assess
effectiveness and identify areas requiring change or
improvement.
What Are The Key Guiding
Principles?
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Violence in relationships is a learned
behaviour that can be changed
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Offenders must take responsibility for
their actions, while being supported by
counselling
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Early intervention by a multi disciplinary
team is essential
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Initial and ongoing support must be
offered to victims and their families
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Community based programs,
counselling and supervision are more
effective than incarceration in treating
this behaviour.
Court Is Not Just To Hold
Offenders Accountable
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All the partners are accountable
They in turn hold the court accountable
Thorough statistical gathering and audits
Critical self examination
One example: Referrals, did you make it?
Did you receive it? Yes they did.
Who Are The Key Players And
How Is Their Role Different?
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The Judge is the Leader, Convener ‘lynchpin’.
Ultimate dispensers of justice.
Play key role in ending domestic violence.
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No rotation of judges
Intensive training to resolve DV through pro-active sentencing
Arbitrate living arrangements during pre trial phase
Still an independent arbiter, ensure fair trial and due process is
followed.
Courts are more proactive and main goal is future victim safety
Adopt risk screening procedures that aid the judges decision in
granting or not granting bail (BSAFER) Show cause.
Consistency. Cases are heard by only a few designated judges
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Key Players: Court Prosecutors
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Increased emphasis on corroborating evidence
Do not solely rely on victim evidence.
Prosecution is carried out with the assumption that the victim
will not testify
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Assigned specifically to DV cases and receive intensive training
in techniques on handling cases
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Assigned early in the trial process and all efforts made to keep
the same personnel on assigned cases
Prosecutor interacts more with the victim
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Efforts made to keep the same counsel for the whole trial and
reduce the number of court appearances
Combine charges involving the same participants
Key Players: Defense Attorneys
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Best treatment for clients can be achieved if defense
attorney operates from a principle of victim safety and
secures best treatment possible
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Role is to advocate for rights of accused and represent
accused at trial
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During sentencing stage defense may seek a sentence
that helps to diminish the chance of recidivism as
opposed to seeking a lighter sentence
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Reduce future violence and cases could be handled faster
The Key Players: Probation Officers
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Ensure offender is complying with judges sentence. Emphasis on
attendance and completion of court mandated counselling
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Ordering the offender charged with breach of probation if they do not
attend their mandated counselling. Offenders must recognize the
importance of counselling.
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Scrutinize offender’s behaviour. Communicate with offender more
regularly as well as checking with victim and counsellors to ensure
offender is meeting terms of probation.
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Protection of victim is main concern
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May require addition of extra probation officers
Long term may cost less
What are the Basic Components to the
DV Court?
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Early Intervention: If there are no
serious injuries, no weapon used
and accused pleads guilty- they
receive immediate treatment.
Coordinated Prosecution: designed
for accused with a history of
violence, severe incidents and for
those who do not plead guilty.
Crowns specialization is of utmost
importance.
What are the Main
Components of the Process?
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Local community coordination (DVC Advisory
Committee)
Specially trained Domestic Violence Crowns
Specially trained Victim/Witness staff giving
support to victims
Specialized evidence collection and
investigation procedures by police
Partner Assault Response (PAR) programs for
offenders with an outreach component for
victims
Components (cont’d)
 Interpreter
services
 Expanded training for police, Crowns,
victim services, court staff, Probation and
Parole staff, interpreters
 Specialized case management policies
and procedures for Probation and Parole
staff
 Specialized processing to expedite cases
 A hospital based DV treatment centre to
collect forensic evidence (wherever
possible)
Who are DVC Steering Committee
Members?
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Court Services
Family & Children Service MCFD
Women’s Transition Home
Legal Aid
Probation Services
Counsellors of abusive men
Crown Prosecutors
Victim Assistance
Women’s Centre
RCMP
First Nations
DVTO Court Coordinator
Hospitals
How Does It Work? The Yukon
Model
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Cases are fast tracked and RCMP attempt to assign first
appearance dates in DVTO (within 2 weeks of the offence date)
•
Specially assigned judiciary, crown and defence lawyers will deal
with cases at scheduled bi-weekly court dockets
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Resource people such as Probation Officers, Counsellors from
the Spousal Abuse Program and Victim Services and other
agencies regularly attend Court to provide assistance
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Offenders are required to make court appearances, at least
monthly, where court is provided with progress summaries by
the accused and counsellors
Organizational Structure of DVTO
Partner
Agencies
Steering
Committee
Executive
Committee
Working Group &
Pre-Court Meetings
Police
Crown
Defence
Court
Probation
Services
Spousal
Abuse
Program
Victim
Services
Family
&
Children
Services
How Is The Process Managed?
WORKING GROUP:
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“Frontline” workers in the Court
Designated crown prosecutors, defence counsel, probation
officers, victim services workers, SAP counsellors, DVTO
Court coordinator.
Deals with daily, weekly problems that arise in court
operation and changes in court evolution
Develop court policy for approval by Steering Committee
Meet bi-monthly, or more often as required.
What is the Role of the Court
Coordinator?
COURT COORDINATOR
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Conducts general administration for the court
Chairs Steering Committee, Working Group and Pre-Court
Meetings.
Facilitates and develops training and education regarding
the Court for members, participants and general public.
Coordinates mediation of issues occurring in court
process.
What is the Role of the Child
Welfare Agency
FAMILY & CHILDREN SERVICES
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ATTEND PRE-COURT MEETING:
- Attend and be part of a coordinated response to
families where domestic violence is present
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Act as a referral agency for families where children are
present
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Work with the DVTO team to look at progress of
offender, victim and children
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Share information on risk of offender and family
Processing Cases in the Yukon
DVTO Model
Report
Police Investigate
Not Charged
Charged
Pre Court
Meeting
Not Guilty Plea
Accept Responsibitly
Criminal
Court Trial
SAP Intake/Assesment
Aquitted
Convicted
Guilty Plea
Sentencing
SAP Treatment
Court Review
Sentencing
After Care
Programming
What is the Yukon DVTO
Process?
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DVTO sitting occurs one afternoon every
other week
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Following the laying of a charge, if the
accused accepts responsibility, he or
she can apply to participate in DVTO
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Case is adjourned for two weeks so that
Spousal assault program counsellors
can complete an assessment
What is the Yukon DVTO
Process?
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If the accused is accepted for SAP counselling and
chooses to go through DVTO court, individual enters a
formal guilty plea.
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If the court orders the individual then enters treatment
program
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If ineligible, return to the formal court system
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During treatment period the individual is brought to court
every month for a progress report
DVTO Court Process
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The report includes information from the victim
After individual completes the SAP, the
counsellor submits a progress report to accused,
defense, Crown and Court
Sentencing judge reviews report and imposes
sentence
Probation officers, SAP counsllors and victim
services regularly attend DVTO court to provide
assistance
How Are Offenders Sentenced
In DVTO Court?
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Sentence not imposed until completion of S.A.P. and other
programming identified or initiated (6-8 months after first
appearance).
Bail conditions prior to sentencing include restrictions and
treatment provisions, by consent.
Numerous reports and court appearances results in
detailed information for sentencing.
Same principles of sentencing as other criminal cases.
DVTO process results in substantial reductions of risk, and
increased rehabilitation and accountability.
Performance of offenders, early guilty plea and victim
wishes usually justify community disposition.
How is Victim Safety Central to
the Process?
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Victims input sought throughout the court process.
They receive:
 Safety planning (ASAP?) Police assess risk (BSAFER?)
 Early meeting with Crown
 Referrals to counselling for themselves and their children
 Updates on offender’ progress
 Assistance with varying release conditions
 Court accompaniment and assistance in preparing victim
impact statements.
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Language interpreters improve access
How Important are Protocols?
They are Essential.
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People change
Clarifies roles and responsibilities
Builds good relationships
Guidelines for the treatment
Restrictions for treatment
Relapse prevention program
Contact with abusive partner throughout
process
 Services for abusive women
How important is an evaluation?
Very important
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Documents goals, objectives, and
activities
 Process Analysis Report .. how is
program being implemented?
 Is the program being carried out as
intended?
 Is there an information data gathering
system
 How is recidivism tracked?
Evaluations Overall of DV Courts
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Better able to prosecute DV cases
Lower rates of withdrawals, dismissals
Higher rates of guilty verdicts and higher rates of victims
attending court (Bala and Edwards, 200)
Early evaluations promising but more helpful in resolving
start-up issues (Gill, 1999; Moyer, 2000)
Court based support services are essential in promoting
victims’ safety and reducing changes in testimony
(Dawson)
Increased use of corroborating evidence; more breach
prosecutions (CourtWatch 2002)
Victims feel supported and are satisfied with the partner
contact component of the PAR program (Herring, 2003)
Increased coordination between all players
What are some of the Rewards?
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Police in other jurisdictions speak highly
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Increased coordination and stronger relationships between
agencies
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Improved communication
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Identified “Needs & Gaps”
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Increased energy and enthusiasm
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Opportunities for education and cross training
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Smithers will be a leader in BC. The first community to have a DV
court
What are the Next Steps?
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What order works best? Short term? long term?
 Invite Judge Lillies and Sandra Bryce from the
Yukon
 How long did it take the Yukon to move?
 Begin discussions with Corrections, Crown and
Courts
 Send a team -- judge, corrections, court, victim
services to Yukon
 Develop a business plan and feasibility
assessment (Smither’s BC Project Charter)
What are the Next Steps?
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Encourage local judges to take the National
Judicial Context Training Course on DV and
attend training in US (New Mexico)
 Encourage Family Bar and Civil Bar to work
together on safety
 Review sample protocols Santa Clara, Yukon,
Ontario
 Create a culture of learning, be open and honest,
provide support and hold each other accountable
 Think incrementally
 Don’t wait until everything is ready before you
start.