Non-adversarial approaches to domestic violence: Putting therapeutic jurisprudence theory into practice

Rachael M Field, Hon Eugene M Hyman

Research output: Contribution to journalArticleResearchpeer-review

Abstract

This article analyses therapeutic jurisprudence (TJ) informed approaches
to domestic violence (DV). Part I of the article considers ways in which the
adoption of such approaches in DV contexts can be positive for the parties
involved, while Part II explores some of the caveats. This analysis leads to four
key recommendations for the safe management of TJ informed approaches
to DV. First, comprehensive screening protocols are necessary to ensure that
only appropriate offenders who have the capacity to participate effectively are
screened in to TJ informed programs. Secondly, given the complex nature of DV
and the need for multi-disciplinary and multi-agency responses, information
across these disciplines and agencies must be shared. Thirdly, extensive
training is needed for first responders such as police and community groups,
as well as for judges and program facilitators. Finally, it is important to adopt
practices that allow processes and protocols to be perceived as procedurally
fair to all parties.
Original languageEnglish
Pages (from-to)275-292
Number of pages18
JournalJournal of Judicial Administration
Volume26
Issue number4
Publication statusPublished - 2017

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