domestic violence & family law nji bench book demonstration · domestic violence and family law...
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Domestic Violence and Family Law NJI Electronic Bench Book
Demonstration
Presenters: Justice John F. McGarryDr. Linda C. Neilson
Introduction
Table of Contents
NJI EBB Overview
EBBs give judges quick access to information
EBBs contain:• Short summaries of the law and leading cases• Checklists for quick reference• Links to relevant legislation and cases• Access to papers and other resources, including papers
prepared for NJI by leading academics, practitioners and judges
EBB Features Personalization•Individual annotation
Resources• Direct access/links to case law & legislation• Embedded web links to on-line library and websites• Embedded links between chapters to enable movement though EBB in
accordance with individual case requirements
Search•Full text search•Annotation search
Content updated on a regular basis (annually/semi-annually)
Printing / Copy and Paste Abilities
PDF version available
Domestic Violence & Family Law EBB
• Comprehensive socio-legal research
• Legal-system analysis
• Access to social and legal context information
• Social science research transformed into practical processes and principles to address legal system needs
• Practical options / choices
• Links to Supplementary Reference Chapters
Peer Reviewers / Team Professor Nicolas Bala, Faculty of Law,
Queen’s University
Justice Grant Campbell, Superior Court of Justice, Ontario
Cristina Cook, NJI EBB Manager
Professor T. Brettel Dawson, NJI Academic Director
Dr. Myrna Dawson, DV researcher, Anthropology & Sociology, University of Guelph
Justice Lea Duvall, Court of Queen’s Bench, Manitoba
Judge Nancy A. Flatters, Provincial Court of Alberta, Calgary Family and Youth Court
Judge Thomas Gove, Provincial Court, British Columbia
Dr. Nancy Hansen, Professor, Disability studies, University of Manitoba
Judge Eugene M. Hyman, Superior Court, California
Katherine Kehoe, NJI Senior Advisor, DV Project
Judge Heino Lilles, formerly, Territorial Court, Yukon
Susan Lightstone, NJI Education Director
Justice Donna Martinson, Supreme Court, British Columbia
Justice John F. McGarry, Superior Court of Ontario
Justice Janet McMurtry, Saskatchewan Court of Queen’s Bench
Justice Ellen Murray, Ontario Court of Justice
Judge Graydon Nicholas, Provincial Court of New Brunswick
Philip Norton, Judicial Research Clerk, Superior Court of Justice, Ontario
Justice Maryka Omatsu, Ontario Court of Justice
Justice Joyce Pelletier, Ontario Court of Justice
Christine Woodrow, Former NJI EBB Manager
Justice Roselyn Zisman, Ontario Court of Justice
Meaghan Thomas, Law student, NJI
Not found in this EBB
•Does not purport to tell judges what to do
•Does not impose 'judgement'
• Instead:
• Offers information about DV context
• Offers tools to generate and to interpret evidence
• Offers a range of options (procedures and remedies) to choose from
Context
Getting From Here to Safety
911
Call
Squads
Investigat
e
Arrest No Arrest
Arrest
Report
Non-Arrest
Report
Jail
Arraignment
Hearing
No Contact
Order
Conditions
of Release
Pre-Trial/
Hearing
Trial Sentencing Monitoring/
Probation
DOMESTIC VIOLENCE/ ARREST INCIDENT
Praxis – Rural Technical Assistance on Violence Against
Women
Landlord/HRA
Notified
Warning Given
Eviction Hearing
Sheriff Evicts
HOUSING MAP
Praxis – Rural Technical Assistance on Violence Against
Women
Initial
Intervention
Unit Contacted
Child Protection
Screening
CP Investigation
Child Welfare
Assessment
Child
Maltreatment
AssessmentLaw
Enforcement
Notified
Risk
Assessment
Service Plan
Safety Plan
CP Case
Mgmt
CD Assessment
Psych/Mental Health
Parenting Education
Visitation
Individual/Family
Therapy
DV Classes
Emergency
Placement
EPC
Hearing
Safety
Assessment
CHIPS COURT
Court Oversees
and Sanctions
Plan
Child Placement
Praxis – Rural Technical Assistance on Violence Against
Women
Advocacy
Program Files
OFP
Seeks
Shelter
Ex Parte
Granted
Sheriff
Serves
Respondent
Ex Parte
Denied
Judge Reviews
Civil
Court
Hearing
OFP
Granted
OFP
Denied
Reliefs
Granted
OFP Filed
ORDER FOR PROTECTION – CIVIL COURT PROCESS
Supervise
d
Exchange
/VisitationPraxis – Rural Technical Assistance on Violence Against
Women
CUSTODY MAP
Supervi
sed
Exchan
ge/Visit
ation
Files for
Divorce
Family Court
Hearing
Final Divorce
Hearing
Custody
Evaluation
Interviews
by
Evaluator
Custody
Awarded
Child
Support
Established
Custody
Hearing
Temporary
Custody
Praxis – Rural Technical Assistance on Violence Against
Women
Advocacy
Program
Landlord/HRA
Notified
Warning Given
Eviction Hearing
Sheriff Evicts
911
Call
Squads
Investigat
e
Arrest No Arrest
Arrest
Report
Non-Arrest
Report
Jail
Arraignment
Hearing
No Contact
Order
Conditions
of Release
Pre-Trial/
Hearing
Trial Sentencing Monitoring/
Probation
Files OFP
Seeks
Shelter
Ex
Parte
Grante
d
Sheriff
Serves
Respondent
Ex Parte
Denied
Judge Reviews
Civil
Court
Hearing
Initial Intervention
Unit Contacted
Child Protection
Screening
CP Investigation
Child Welfare
Assessment
Child
Maltreatment
AssessmentLaw Enforcement
Notified
Risk
Assessment
Service Plan
Safety Plan
CP Case
Mgmt
CD Assessment
Psych/Mental Health
Parenting Education
Visitation
Individual/Family
Therapy
DV Classes
Emergency
Placement
EPC
Hearing
Safety
Assessment
CHIPS COURT
Court Oversees
and Sanctions
Plan
Child Placement
OFP
Granted
OFP
Denied
Reliefs
Granted
OFP Filed
Supervise
d
Exchange
/Visitation
Files for
Divorce
Family Court
Hearing
Final Divorce
Hearing
Custody
Evaluation
Interviews
by Evaluator
Custody
Awarded
Child
Support
Established
Custody
Hearing
Temporary
Custody
Praxis – Rural Technical Assistance on Violence Against Women
Facts (see handout)• Shouting, violence, choking, some of it witnessed by children
• Criminal proceeding against father, custody & access, child protection no longer involved
• Both claim excessive use of force in child discipline
• Father claims the mother misuses alcohol and children are regressing while in her care
• Children are resisting access, alienation claim
Issues• Assessing type of intimate partner violence
• Considering parenting patterns in DV context
• Interpreting evidence of child behaviour
• Interpreting targeted parent misuse drugs & alcohol
• Interpreting counterintuitive victim behavior
• Assessing risk and child best interests
• Assessing alienation in a DV context
• Choosing best C & A remedy
Assessing Violence: Chap. 3Not all types of interpersonal violence are the same:
Minor isolated violence
• Separation violence
• Resistance violence
• Do not have the same features as domination/control abuse and violence (DV)
• DV is:
• more dangerous, more persistent
• associated in research with negative parenting and with child abuse
Evidence of negative child behaviour
•EBB Chapter 5
•Litigation tactic
•Poor parenting or harm from DV?
Interpreting 'Victims'•Chapter 4:
• Interpreting counterintuitive behavior
• Interpreting claims of alcohol abuse or mental illness
Alienation in a DV context
Remedies
Chapter 10
Advocacy
Program
Landlord/HRA
Notified
Warning Given
Eviction Hearing
Sheriff Evicts
911
Call
Squads
Investigat
e
Arrest No Arrest
Arrest
Report
Non-Arrest
Report
Jail
Arraignment
Hearing
No Contact
Order
Conditions
of Release
Pre-Trial/
Hearing
Trial Sentencing Monitoring/
Probation
Files
OFP
Seeks
Shelter
Ex Parte
Granted
Sheriff
Serves
Respondent
Ex Parte
Denied
Judge Reviews
Civil
Court
Hearing
Initial Intervention
Unit Contacted
Child Protection
Screening
CP Investigation
Child Welfare
Assessment
Child
Maltreatment
AssessmentLaw Enforcement
Notified
Risk
Assessment
Service Plan
Safety Plan
CP Case
Mgmt
CD Assessment
Psych/Mental Health
Parenting Education
Visitation
Individual/Family
Therapy
DV Classes
Emergency
Placement
EPC
Hearing
Safety
Assessment
CHIPS COURT
Court Oversees
and Sanctions
Plan
Child Placement
OFP
GrantedOFP
Denied
Reliefs
Granted
OFP Filed
Supervise
d
Exchange
/Visitation
Files for
Divorce
Family Court
Hearing
Final Divorce
Hearing
Custody
Evaluation
Interviews
by Evaluator
Custody
Awarded
Child
Support
Established
Custody
Hearing
Temporary
Custody
Praxis – Rural Technical Assistance on Violence Against Women
Thanks