The worst case scenario for a family roiled by domestic violence and facing multiple court appearances for custody, criminal and matrimonial matters goes something like this:
In a criminal court, a judge gives a full stay-away order to a batterer, but a family court judge establishes custody procedures - in conflict with the criminal stay-away order - for the batterer to see the victim when picking up and dropping off their children on visits.
On the day of the visitation, a domestic violence incident begins, but when police respond they have two different orders in place, making protective enforcement difficult.
Instances like these result because different courts overseeing domestic violence cases may be unaware of other courts' actions.
"It can be incredibly dangerous to have those kinds of conflicting orders," said Robyn Mazur, the associate director of the domes tic violence programs for the Center for Court Innovation, a public-private partnership dedicated to enhancing the performance of courts.
This kind of worst case scenario is exactly what the launching last week of an integrated domestic violence (IDV) court in Cayuga County is designed to eliminate.
The county's new, streamlined court had its first calendar Tuesday. The court is designed to eliminate conflicting orders from different judges and reduce the number of appearances required of families by creating one court with one judge to hear all domestic violence cases in the county.
"The whole concept is to reduce the number of court appearances a family in crisis" will have to attend, said Judge Mark Fandrich, who will be heading up Cayuga County's IDV court.
The county IDV court is part of the third wave of IDV courts being established in the state. Along with Cayuga County, Nassau, Schenectady and Wyoming counties and the city of Yonkers are also establishing IDV courts during December and January.
Cayuga County's integrated domestic violence court is part of the trend over the past decade of establishing experimental courts with a problem-solving focus in areas where straight punitive action is not always effective. Crimes targeted include drug addiction, domestic violence and child neglect.
Courts like the IDV court are "dealing with problems not effectively dealt within a traditional court setting," Fandrich said.
IDV courts focus on victim safety and offender accountability, Mazur said.
On the matter of offender accountability, judges will be responsible for monitoring if alleged batterers are successfully completing counseling and other programs.
State Chief Judge Judith S. Kaye has been heading up a three-year comprehensive plan to introduce IDV courts, an effort that started when she gave her state of judiciary address in 2003.
Cayuga County began its planning process in March with 14 members in its working group, including the county judges and other court officials, the county defense lawyer's bar, the county district attorney's office and the court clerk's office.
As part of this preparation, ensuring security measures for domestic violence victims was included in the planning process. Also, both IDV court judges and court attorneys received extensive training in the areas of law related to domestic violence, Mazur said.
Cayuga County was selected to launch an experimental IDV court because of its high number of domestic violence arrests and investigations and the high number of orders of protection issued.
The integration of domestic violence cases into one court is expected to be more efficient for domestic violence victims, as well as for the time demands on courts and social service providers.
"I hope it's going to streamline for victims" said Sharon Ottley, the coordinator for the domestic violence intervention program at the Cayuga-Seneca Community Action Agency. Advocates from the agency provide emotional support and information for domestic violence victims during court proceedings.
Ottley said domestic violence victims will have to take less time off from work. And the court should minimize the time they spend traveling to Auburn if they live on the outreaches of the county.
The IDV court will hear all domestic violence criminal matters, ranging from misdemeanors through felonies.
Having one judge hear all these matters will allow the judge to make more informed decisions and prevent a manipulation of the system by lawyers or clients "shopping forums" to find a more sympathetic judge, Fandrich said.
The costs of the IDV court are being covered by a $302,000 two-year grant the federal Department of Justice's Office on Violence Against Women. Cayuga County will eventually hire a resource coordinator to help manage domestic violence cases.
After two years, the grant's continuance will be based on Cayuga County IDV's effectiveness in reducing the number of court appearances for county residents, Fandrich said.
The county's IDV court will be in session the first and third Tuesday of every month.
The court hopes aims to streamline all domestic violence cases in the city by June 2005, and aims to handle all county domestic violence courses by July 1, 2005.
Staff writer Amaris Elliott-Engel can be reached at 253-5311 ext. 282 or at amaris.elliot-engel@lee.net
On the day of the visitation, a domestic violence incident begins, but when police respond they have two different orders in place, making protective enforcement difficult.
Instances like these result because different courts overseeing domestic violence cases may be unaware of other courts' actions.
"It can be incredibly dangerous to have those kinds of conflicting orders," said Robyn Mazur, the associate director of the domes tic violence programs for the Center for Court Innovation, a public-private partnership dedicated to enhancing the performance of courts.
This kind of worst case scenario is exactly what the launching last week of an integrated domestic violence (IDV) court in Cayuga County is designed to eliminate.
The county's new, streamlined court had its first calendar Tuesday. The court is designed to eliminate conflicting orders from different judges and reduce the number of appearances required of families by creating one court with one judge to hear all domestic violence cases in the county.
"The whole concept is to reduce the number of court appearances a family in crisis" will have to attend, said Judge Mark Fandrich, who will be heading up Cayuga County's IDV court.
The county IDV court is part of the third wave of IDV courts being established in the state. Along with Cayuga County, Nassau, Schenectady and Wyoming counties and the city of Yonkers are also establishing IDV courts during December and January.
Cayuga County's integrated domestic violence court is part of the trend over the past decade of establishing experimental courts with a problem-solving focus in areas where straight punitive action is not always effective. Crimes targeted include drug addiction, domestic violence and child neglect.
Courts like the IDV court are "dealing with problems not effectively dealt within a traditional court setting," Fandrich said.
IDV courts focus on victim safety and offender accountability, Mazur said.
On the matter of offender accountability, judges will be responsible for monitoring if alleged batterers are successfully completing counseling and other programs.
State Chief Judge Judith S. Kaye has been heading up a three-year comprehensive plan to introduce IDV courts, an effort that started when she gave her state of judiciary address in 2003.
Cayuga County began its planning process in March with 14 members in its working group, including the county judges and other court officials, the county defense lawyer's bar, the county district attorney's office and the court clerk's office.
As part of this preparation, ensuring security measures for domestic violence victims was included in the planning process. Also, both IDV court judges and court attorneys received extensive training in the areas of law related to domestic violence, Mazur said.
Cayuga County was selected to launch an experimental IDV court because of its high number of domestic violence arrests and investigations and the high number of orders of protection issued.
The integration of domestic violence cases into one court is expected to be more efficient for domestic violence victims, as well as for the time demands on courts and social service providers.
"I hope it's going to streamline for victims" said Sharon Ottley, the coordinator for the domestic violence intervention program at the Cayuga-Seneca Community Action Agency. Advocates from the agency provide emotional support and information for domestic violence victims during court proceedings.
Ottley said domestic violence victims will have to take less time off from work. And the court should minimize the time they spend traveling to Auburn if they live on the outreaches of the county.
The IDV court will hear all domestic violence criminal matters, ranging from misdemeanors through felonies.
Having one judge hear all these matters will allow the judge to make more informed decisions and prevent a manipulation of the system by lawyers or clients "shopping forums" to find a more sympathetic judge, Fandrich said.
The costs of the IDV court are being covered by a $302,000 two-year grant the federal Department of Justice's Office on Violence Against Women. Cayuga County will eventually hire a resource coordinator to help manage domestic violence cases.
After two years, the grant's continuance will be based on Cayuga County IDV's effectiveness in reducing the number of court appearances for county residents, Fandrich said.
The county's IDV court will be in session the first and third Tuesday of every month.
The court hopes aims to streamline all domestic violence cases in the city by June 2005, and aims to handle all county domestic violence courses by July 1, 2005.
Staff writer Amaris Elliott-Engel can be reached at 253-5311 ext. 282 or at amaris.elliot-engel@lee.net
Citizen
Hot Jobs
The Citizens' Say
Post your comment - click hereThere are No comments posted.