Skip to main content

Advertisement

Log in

Canada’s First Integrated Domestic Violence Court: Examining Family and Criminal Court Outcomes at the Toronto I.D.V.C.

  • Original Article
  • Published:
Journal of Family Violence Aims and scope Submit manuscript

Abstract

This is the first quantitative study to examine Canada’s only Integrated Domestic Violence Court. The methodology used a quasi-experimental design with parallel groups with baseline equivalence. Results demonstrate that when support services are provided to victims of domestic violence during family separation, children benefit from greater involvement with both parents. There was more compliance with child support in the integrated court than the comparison group and compliance in custody and access were two variables that predicted the type of final custody orders. There were fewer judges involved in the IDVC court than comparison group; however, there were no differences in the number of court appearances between groups. The IDVC demonstrates a promising intervention to address domestic violence that involves both criminal and family law courts. Future research is needed to explore the views of children, victims and offenders about their experiences with the IDVC.

This is a preview of subscription content, log in via an institution to check access.

Access this article

Price excludes VAT (USA)
Tax calculation will be finalised during checkout.

Instant access to the full article PDF.

Similar content being viewed by others

Notes

  1. The percentages in the text are different than those in the Table because the percentages in the text provides an average of the percentages for both applicants and respondents in Table 1.

  2. The Ontario Government introduced this program in 2012 to assist victims of domestic violence throughout the province in family court processes. It is a separate initiative from the Victim Witness Support Program that also operates in the IDVC.

  3. An independent government funded office that represents children’s interests in custody and access disputes, child protection matters and estate matters in Ontario. The Office may provide a lawyer for a child, undertake a clinical investigation (social work report) or both.

References

  • Birnbaum, R., & Bala, N. (2012). Views of Ontario lawyers on family litigants without representation. University of New Brunswick Law Journal, 26, 99–124.

    Google Scholar 

  • Birnbaum, R., Bala, N., & Bertrand, L. (2013). The rise of self-representation in Canada’s family courts: the complex picture revealed in surveys of judges, lawyers and litigants. Canadian Bar Review, 91, 67–95.

    Google Scholar 

  • Birnbaum, R., Bala, N., & Jaffe, P. (2014). Establishing Canada’s first integrated domestic violence court: exploring outcomes, process and lessons learned. Canadian Journal of Family Law, 29(1), 117–172.

    Google Scholar 

  • Bow, J. N., & Boxer, P. (2003). Assessing allegations of domestic violence in child custody evaluations. Journal of Interpersonal Violence, 18(12), 1394–1410. doi:10.1177/0886260503258031.

    Article  PubMed  Google Scholar 

  • Burton, M. (2006). Judicial monitoring of compliance: introducing ‘problem solving’ approaches to domestic violence courts in England and Wales. International Journal of Law, Policy and the Family, 20(3), 366–378. doi:10.1093/lawfam/ebl017.

    Article  Google Scholar 

  • Coll, K.M., & Stewart, R. (2007). Ada county family violence court grant project: comprehensive evaluation report. Ada country family violence grant project: Comprehensive evaluation report. Retrieved from http://www.isc.idaho.gov/dv_courts/FVC_Comprehensive_Eval_Report.pdf.

  • Croll, B. (2015). The intersection between criminal law, family law and child protection in domestic violence cases. Retrieved from http://www.fredacentre.com.

  • Department of Justice Canada. (2012). Best practices where there is family violence (Criminal Law Perspective). Retrieved from http://justice.gc.ca/eng/rp-pr/cj-jp/fv-vf/bpfv-pevf/bpfv-pevf.pdf

  • Fritzler, R. B., & Simon, M. J. (2000). Creating a domestic violence court: combat in the trenches. Court Review, 37(1), 28–39.

    Google Scholar 

  • Hardesty, J. L., Haselschwerdt, M. L., & Jonson, M. P. (2012). Domestic violence and child custody. In K. K. Kuehnle & L. Drozd (Eds.), Parenting plan evaluations: applied research for the family court (pp. 442–475). New York: Oxford University Press.

    Chapter  Google Scholar 

  • Harper, C., Parry, C., & Grossman, N. (2010). Ada county domestic violence court: Program evaluation report, qualitative and quantitative findings. Ada County Domestic Violence Court: Program Evaluation Report, Qualitative and Quantitative Findings. Retrieved from https://www.isc.idaho.gov/dv_courts/AdaCo_DV_Court_Program_Eval_Report.pdf.

  • Hester, M., Pearce, J., & Westmarland, N. (2008). Early evaluation of the Integrated Domestic Violence Court, Croydon. Ministry of Justice. Retrieved from http://www.bristol.ac.uk/sps/research/projects/completed/2008/rk6668/rk6668reportpart2.pdf.

  • Hill, N.R., & Kleist, D.M. (2008). Evaluation of the Idaho Supreme Court OVW Grant to Encourage Arrest Policies and Enforcement of Protection Orders. Retrieved from http://www.isc.idaho.gov/dv_courts/6th_7th_Dist_Evaluation.pdf.

  • Hornick, J., Klutz, K., & Bertrand, L. (2011). An evaluation of Yukon’s Community Wellness Court. Canadian Research Institute for Law & the Family.

  • Jaffe, P.G., Crooks, C.V., & Bala, N. (2008). Domestic violence and child custody disputes: The need for a new framework for the family court. In J. Ursel, L., Tutty, & J., LeMaistre, (Eds.). What’s law got to do with it? The law, specialized courts and domestic violence in Canada (pp. 254–272). Resolve (Cormorant Books).

  • Jaffe, P. G., Johnston, J. R., Crooks, C., & Bala, N. (2008b). Custody disputes involving allegations of domestic violence: toward a differentiated approach to parenting plans. Family Court Review, 46(3), 500–522.

    Article  Google Scholar 

  • Katz, S., & Rempel, M. (2011). The impact of integrated domestic violence courts on case outcomes: results of nine New York State Courts. NY: Center for Court Innovation.

  • Koshan, J. (2014). Investigating integrated domestic violence courts: lessons from New York. Osgoode Hall Law Journal, 51(3), 989–1036.

    Google Scholar 

  • MacDowell, E. L. (2011). When courts collide: integrated domestic violence courts and court pluralism. Texas Journal of Women and the Law, 20(2), 95–130.

    Google Scholar 

  • Martinson, D., & Jackson, M. (2016). Risk of future harm: Family violence and information sharing between family and criminal courts. Retrieved from http://www.fredacentre.com.

  • Mathieu, E. (2015). Ontario’s domestic abuse counselling program is in crisis. Toronto Star. Retrieved from http://www.thestar.com/news/canada/2015/09/28/provincial-counselling-program-in-crisis.html.

  • Maytal, A. (2008). Specialized domestic violence courts: Are they worth the trouble in Massachusetts? Retrieved from http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1663392.

  • McDonald, R., Jouriles, E.N., Ramisetty-Mikler, S., Caetano, R., & Green, C.E. (2006). Estimating the number of American children living in partner-violent families. Journal of Family Psychology, 20(1), 137–142.

  • McFarlane, J. (2013). The national self- self-represented litigants project: Identifying and meeting the needs of self-represented litigants. Kingsville, Ontario: Representing yourself in a legal process. Retrieved fromhttp://www.lsuc.on.ca/uploadedFiles/For_the_Public/About_the_Law_Society/Convocation_Decisions/2014/Self-represented_project.pdf.

  • Mennerich, A., Rempel, M., Farole, D.J., & Kralstein, D. (2005). The potential cost-effectiveness of trial court restructuring in New York State. John Roman: Urban Institute.

  • Ministry of Attorney General. (2006). Evaluation of the domestic violence court program: final report. Urban Institute.

  • Moore, S. (2009). Two decades of specialized domestic violence courts: a review of the literature. Center for Court Innovation, New York..

  • Neilson, L. (2013). Enhancing safety: When domestic violence cases are in multiple legal systems (criminal, family, child protection): A family law, domestic violence perspective. Family, Children and Youth Section Department of Justice Canada.

  • Picard-Fritsche, S., Cissner, A., & Pufett, N. (2011). The Erie County integrated domestic violence court: policies, practices, and impacts. NY: Centre For Court Innovation.

  • Rickard, E. (2011). Civil protective orders in integrated domestic violence court: an empirical study. Retrieved from http://ssrn.com/abstract=1782212.

  • Rossi, F. S., Holtzworth-Munroe, A., & Rudd, B. N. (2016). Intimate partner violence and child custody. In L. Drozd, M. Saini, & N. Olesen (Eds.), Parenting plan evaluations: applied research for the family court (pp. 346–374). New York: Oxford University Press.

    Chapter  Google Scholar 

  • Schluetter, M., Wicklund, P., Adler, R., Owen, J., & Halvorsen, T. (2011). Bennington County integrated domestic violence project: outcome evaluation final report. Northfield Falls: The Vermont Centre for Justice Research.

    Google Scholar 

  • Scott, K. L., & Lishak, V. (2012). Intervention for maltreating fathers: statistically and clinically significant change. Child Abuse & Neglect, 36(9), 680–684.

    Article  Google Scholar 

  • Tsai, B. (2000). The trend toward specialized domestic violence courts: improvements on an effective innovation. Fordham Law Review, 68(4), 1285–1327.

    Google Scholar 

  • Tutty, L., Ursel, J., & Douglas, F. (2008). Specialized domestic violence courts: A comparison of models. In J. Ursel, L.M. Tutty, & J. LeMaistre (Eds.). What’s law got to do with it: the law, specialized courts and domestic violence in Canada. (pp. 69–95). Toronto: Cormorrant Books Inc.

  • Ver Steegh, N., & Dalton, C. (2008). Report from the Wingspread conference on domestic violence and family courts. Family Court Review, 46(3), 454–475.

    Article  Google Scholar 

  • Zeoli, A. M., Rivera, E. A., Sullivan, C. M., & Kubiak, S. (2013). Post-separation abuse of women and their children: boundary-setting and family court utilization among victimized mothers. Journal of Family Violence, 28(6), 547–560. doi:10.1007/s10896-013-9528-7.

    Article  PubMed  PubMed Central  Google Scholar 

  • Zorza, R. (2009). An overview of self-represented litigation innovation, its impact, and approach for the future: an invitation to dialogue. Family Law Quarterly, 43, 519–540.

    Google Scholar 

Download references

Acknowledgments

This second phase of the evaluation could not have been possible without the significant administrative support of the Ministry of Attorney General (Family and Criminal Divisions) and the Office of the Chief Justice of the Ontario Court of Justice. The authors are also grateful for the financial assistance of the Social Sciences and Humanities Research Council for their support. We are particularly grateful to patti cross, Counsel (family) and Maretta Miranda, Counsel at legal Services, Ministry of Attorney General, Ontario, as well as the administrative staff and court support at 311 Jarvis Street, Toronto, Ontario. Special thanks goes to Camila Troughton for her administrative assistance, data collection and data entry, and Dr. Peter Jaffe for his support throughout.

Author information

Authors and Affiliations

Authors

Corresponding author

Correspondence to Rachel Birnbaum.

Additional information

This study is dedicated to the memory of the Honourable Justice Geraldine Waldman, who died on October 20, 2015. She dedicated her legal and judicial career to victims of family violence and custody disputes. She led the effort to establish this court and was one of the original judges to preside in the integrated domestic violence court.

Rights and permissions

Reprints and permissions

About this article

Check for updates. Verify currency and authenticity via CrossMark

Cite this article

Birnbaum, R., Saini, M. & Bala, N. Canada’s First Integrated Domestic Violence Court: Examining Family and Criminal Court Outcomes at the Toronto I.D.V.C.. J Fam Viol 32, 621–631 (2017). https://doi.org/10.1007/s10896-016-9886-z

Download citation

  • Published:

  • Issue Date:

  • DOI: https://doi.org/10.1007/s10896-016-9886-z

Keywords

Navigation