NY: New York Courts Untangle Domestic Violence

New York Courts Untangle Domestic Violence

Run Date: 06/06/05 By Juliette Terzieff
WeNews correspondent
Proponents say New York is setting an example for how to handle domestic
violence cases prone to getting trapped in a legal quagmire. The state's new
system--now spreading through its counties--has a simple premise: one
family, one judge.

BUFFALO, N.Y. (WOMENSENEWS)--New York is streamlining the way it processes
domestic violence cases and many of those involved with the reformed court
system recommend it as a way to mitigate the legal stresses of a problem
plaguing some 5 million U.S. families a year.

"It's something that allows the family to keep existing in some way, knowing
that there is a place that will help them deal with all the issues," says
Justice John O'Donnell, who presides over the Erie County branch of New
York's so-called Integrated Domestic Violence Court.

Launched in 2001 in three counties, the integrated system now has 18 courts
in as many counties and has handled over 13,000 cases. In Erie County, where
Buffalo is located, the system, which got going in November 2003, is now
processing 202 cases with another 800 set for hearings.

The reform--now expanding from county to county, and slated to be running
state-wide by the end of 2006--has a simple premise: one family, one judge.

Often, families involved in criminal domestic-violence charges go through
criminal court proceedings, a family court for custody battles, other courts
for divorce proceedings and sometimes even an additional court for dividing
up the family finances. Different judges, sometimes different lawyers,
different evidence and host of different rules and regulations are entailed.
Appeals and repeat offenses often move on to new sets of judges and lawyers
unfamiliar with the history of the case.

Under the new system families can still spend a lot of time in court and
appointments with lawyers as family members go through court-ordered
counseling and other measures to salvage households and relationships. But
the swirling cast of characters and legal settings is gone.

"One of the problems before the integrated courts was that proceedings would
play off each other," said Louis Haremski, a lawyer with 22 years of service
with the Erie County District Attorney's Office. "A criminal hearing would
adjourn in favour of pending results in family court and then lawyers would
seek to adjourn the family court proceeding to wait for a verdict from the
criminal court, and it would just keep going back and forth."

Numerous Resolutions in One Place
Under the integrated system, proponents say victims of domestic violence can
resolve numerous, emotionally charged disputes, in one place.

"In the new system, proceedings can move forward or pend awaiting counseling
or other services without the case getting sidetracked," Haremski said. "If
the presiding judge orders counseling or other psychological assistance the
parties face a return to the same judge upon completion. The courts also
feature a resource coordinator who works directly with family members,
recommending social or psychological services designed to help alleviate
stress on the family."

Some critics have raised concerns that under the new system a judge's
impartiality may be affected by the specialization in domestic violence
cases or that the sitting judge might bargain away criminal penalties for
cooperation on the civil issues.

Major U.S. Legal Issue
Domestic violence looms large over the U.S. legal system.

Nationwide studies show an average of 5.9 million domestic assaults
annually. Congressional inquiries in the mid-1990s found that between 2
million and 4 million women were severely injured by their husbands or
intimate partners every year.

In the eight counties of Western New York, including Erie County,
authorities substantiate an average of 2,600 cases of domestic violence
every year according to statistics compiled by the United Way. In 2003,
police authorities responded to 14,071 calls leading to 5,600 arrests for
incidents of domestic violence.


"There is no typical domestic violence victim, no particular income level
that is affected, no particular geographical area, or ethnic group," says
Arlene Kaukus, president of the Buffalo and Erie County chapter of the
United Way. "Domestic violence is clearly a societal issue that rears its
poisonous head across the board."

States across the nation have adopted different approaches to addressing the
issue.

In 1984 Cook County, Ill., became the first county in the nation to set up a
special approach to domestic violence when it launched a court specifically
to address domestic violence misdemeanor cases.

Over the following years, over 200 domestic violence courts--some handling
criminal and civil cases involving domestic violence, others handling only
criminal cases related to domestic violence--have sprung up across the
United States.

So far, however, New York is the only venue to establish a statewide,
integrated approach.

Complicated Emotional Issues
Victims of domestic violence often face numerous complicated issues stemming
from their children's needs, as well as their emotional attachment or
economic dependence on the abuser. Many victims are pressured by family
members and friends not to embarrass the family by airing dirty laundry.

"Generally you have victims with very low self-esteem," says Lisa Bloch
Rodwin, chief of the Erie County Domestic Violence and Sexual Assault
Bureau, "who over the years have been abused into believing in the power and
authority of the abuser to the core of their being."

Rodwin said the new system means a judge understands the dynamic of domestic
violence and who takes power away from the abuser by interposing his or her
control over the situation.

Supporters say this improves official responses to domestic violence cases
as traditionally many victims become overwhelmed by the gravity of their
situation and withdraw the charges, choosing an abusive relationship rather
than brave the perils of complicated potentially years-long multi-court
procedures.

Under New York's integrated system, parties also know that should they fail
to comply with court orders they will wind up in front of the same judge. In
cases where leniency has been shown, this may reduce repeat offences.

"It's still early days, but so far we're seeing that having to face the same
judge is a deterrent to compliance failure," says Bloch Rodwin.

In urban courts, where offenders are less likely to encounter the same
judge, repeat appearances in the courts for domestic violence violations
hover around 20 percent. Under the new system, thus far, instances of repeat
offences is half that percentage.

Juliette Terzieff is a freelance journalist currently based in Buffalo,
N.Y., who has worked for the San Francisco Chronicle, Newsweek, CNN
International, and the London Sunday Times during time spent in the Balkans,
the Middle East, and South Asia.




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For more information:
New York State Unified Court System--
Integrated Domestic Violence Courts:
http://www.courts.state.ny.us/ip/dom...ce/index.shtml

Westchester NOW--
The Pros and Cons of the Integrated Domestic Violence Courts:
http://www.westchesternow.org/su02idvcourt.html

stopVAW--
Specialized Domestic Violence Court Systems:
http://www.stopvaw.org/Specialized_D...t_Systems.html


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The only thing necessary for the triumph
of evil is for good men to do nothing.

Edmond Burke

In the eight counties of Western New York, including Erie County,
authorities substantiate an average of 2,600 cases of domestic violence
every year according to statistics compiled by the United Way. In 2003,
police authorities responded to 14,071 calls leading to 5,600 arrests for
incidents of domestic violence.


What can we expect in a Godless society?

There is only one judge, and we all have to answer to him, but not her! :-)