Lawyers Manual - Unified Court System

4 Julie A. Domonkos
impartiality by learning about domestic violence and applying that knowledge
to the cases before them. It took a conscious effort by the leadership of the court
system to shift that paradigm and point out that courts simply could not do justice
in these cases unless they received training from experts about the nature of
domestic violence, its effects on adult and child victims, and the tactics abusers
commonly use to manipulate the justice system. 6 Far more emphasis was placed
on holding abusers accountable. Excuses for battering such as substance abuse
and anger management problems were exposed as baseless, and courts stopped
sentencing abusers to programs in lieu of true criminal sanctions. Referrals to
batterer intervention programs continue to be made but with an understanding
that they do not “change” the batterers, do not make victims safe, and do not
substitute for penal sanctions.
Progressive developments also occurred in police departments and
prosecutors’ offices. Domestic violence training was mandated for police
officers, and some larger departments, such as those in New York City, formed
specialized domestic violence units. Many of these units work hand-in-hand
with local domestic violence service providers so that victims can receive
confidential supportive services as their criminal cases go forward. Prosecutors
learned that connecting victims to supportive services makes it more likely that
the victim will assist in the prosecution. They developed the idea of “evidencebased
prosecutions” so that cases could be pursued even when the victim was
unavailable to testify.
In the last ten years, the law has recognized a new expertise of domestic
violence. Courses and clinical programs on domestic violence are available at
law schools, continuing legal education programs are offered on the topic, bar
associations have formed domestic violence committees, and specialized legal
services programs hire attorneys to represent abuse victims. Domestic violence
has come into its own as a legal movement. Nevertheless, there is a great deal
more progress to be made.
Challenges Ahead
There are some tough truths that must be bravely faced if the justice system
is to help bring true safety for domestic violence victims and full accountability
for abusers. First, gender inequities corrode our justice system just as they do
the world at large. Everyone with a role in the justice system must be open to
the knowledge that has been accumulated about domestic violence and vigilant