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1 Page 1 of 2 Overview PROBLEM-SOLVING COURTS (HOME) Integrated Domestic Court Locations Domestic Drug Treatment Courts Mental Health Courts Sex Offense Courts Youthful Offender Domestic Community Courts Public Access to Court Records Problem-Solving Courts Brochure Contact Us Integrated Domestic Violence ( IDV ) courts use a one family-one judge model to bring before a single judge the multiple criminal, family (civil) and matrimonial (divorce) disputes for families where domestic violence is an underlying issue. Prior to the creation of IDV courts in New York State, these case types were heard in separate courts before a number of judges, often in different buildings or parts of a county. As a result, those affected by domestic violence were left to navigate Judge Kluger a complicated court structure. Having their cases handled in this way cost them time and money, led to confusion and jeopardized their safety. The IDV courts are a response to these challenges. IDV courts aim to ensure consistency and enhance services to victims and families. IDV courts are staffed with judges trained in multiple areas of law and the dynamics of domestic violence. They incorporate ongoing judicial monitoring of offenders. Through coordination with victim advocates and a network of services and outside agencies, IDV courts reduce burdens on victims and families and also improve information flow to both litigants and service providers. IDV courts are established in Supreme Court. To be eligible for IDV court, a family must have a criminal domestic violence case as well as a family court case, a matrimonial case, or both, where at least one of the defendant and complaining witness to the criminal case is also a party to the family or matrimonial case. The most common family court case types in IDV court are family offense and custody or visitation, which account for about 85% of family cases in IDV court; some IDV courts also take support, abuse and neglect, or paternity cases. Misdemeanors represent the bulk of criminal cases in IDV court, though IDV courts may take felony-level criminal cases as well as misdemeanors and violations. Litigants may not choose to go to IDV court or stay out of it. The judge presiding in the IDV court reviews potentially eligible cases and determines whether transfer would promote the administration of justice based on Part 141 of the Rules of the Chief Administrator, the statewide IDV court model and the facts of the particular cases. If the IDV judge transfers the cases, they all become supreme court cases; however, the cases do not merge and are handled separately based on the evidence in the case. IDV courts apply to each case the substantive and procedural law that would have applied in the case s court of origin. Under this structure, a family s multiple cases come before one judge. Having a single judge adjudicate multiple cases ensures consistency in judicial orders and allows the court to better respond to the particularities

2 Page 1 of 1 PROBLEM-SOLVING COURTS (HOME) Integrated Domestic Court Location Domestic Drug Treatment Courts Mental Health Courts Sex Offense Courts Youthful Offender Domestic Community Courts Public Access to Court Records Problem-Solving Courts Brochure Contact Us Based on the one family - one judge concept, the State's IDV Courts exist to handle related cases pertaining to a single family where the underlying issue is domestic violence. The IDV Courts seek to promote justice and protect the rights of all litigants while providing a comprehensive approach to case resolution, increasing offender accountability, promoting victim safety, integrating the delivery of social services, and eliminating inconsistent and conflicting judicial orders. Goals Informed judicial decision-making based on comprehensive and current information on multiple matters involving the family; Consistent handling of multiple matters relating to the same family by a single presiding judge; Efficient use of court resources, with reduced numbers of trips to court and speedier dispositions; Linkage to social services and other resources to address comprehensively the needs of family members; Promotion of victim safety through elimination of conflicting orders and decisions; Increased confidence in the court system by reducing inefficiency for litigants and by eliminating conflicting orders; Coordinated community response and collaboration among criminal justice and child welfare agencies and community-based groups offering social services and assistance to domestic violence victims and their children.

3 Page 2 of 2 of a family s situation. IDV courts incorporate judicial monitoring, facilitate access to advocacy and services, and place emphasis on close communication with outside agencies and programs. For a more detailed description of the IDV courts and their key features, refer to the pages entitled and. Since their inception, IDV Courts have handled over 137,880 cases and served over 26,310 families. Currently, there are 43 IDV Courts and 2 IDV-i Courts in operation. The case statistics are current as of November 1, Hon. Judy Harris Kluger Chief of Policy and Planning New York State Courts

4 Page 1 of 3 PROBLEM-SOLVING COURTS (HOME) Integrated Domestic Court Locations Domestic Drug Treatment Courts Mental Health Courts This information is aimed at guiding IDV Court planning teams as they embark on court development. The IDV Court Model is a synthesis of core principles that have emerged based upon research, experience, best practices and an analysis of the court system's current methods of addressing domestic violence. The IDV Court model provides an opportunity to address the myriad of inter-related family problems that may bring a family into the court system in a comprehensive manner while providing integrated service delivery and improving both court efficiency and informed judicial decision-making. The key components of the New York State IDV Court Model are defined below. Jurisdiction Planning & Technical Assistance Case Identification Court Calendaring Legal Representation Judicial Monitoring & Offender Accountability Judicial & Non-judicial Training Technology Courthouse Safety Confidentiality Domestic Violence Services Stakeholder & Community Resources Sex Offense Courts Youthful Offender Domestic Community Courts Public Access to Court Records Problem-Solving Courts Brochure Jurisdiction Each IDV Court is assigned a presiding judge with the authority to handle family, criminal and matrimonial matters. These inter-related cases constitute the crux of the IDV Courts' jurisdiction. Criminal allegations of domestic violence should form the threshold requirement for entry into the IDV Court, with related cases in at least two of the three areas of the law. Family offense cases with related matrimonial cases may also be eligible for transfer to the IDV Court. Contact Us Planning and Technical Assistance The planning process includes the creation of a local working group of stakeholders and culminates in the creation of a planning document that will serve as a guide to the new integrated court. IDV Courts should take advantage of ongoing technical assistance during planning and implementation to ensure consistency across the state. Case Identification IDV Courts need to create an administrative process through which eligible cases will be identified. This process should include searching New York State's Domestic Violence Registry and each court's database at the earliest possible stage (i.e. pre-arraignment, intake, etc.). Court Calendaring The IDV Court must develop protocols for identification of eligible cases and ensure that these cases are moved at the earliest stage from the originating part to the IDV Court. Individual cases are not consolidated but retain their distinct identities. Legal Representation IDV Courts should work closely with representatives from the legal stakeholder agencies (i.e. prosecutors, defense attorneys, family court

5 Page 2 of 3 attorneys, law guardians, etc.) in order to ensure representation for all litigants. IDV Courts should be mindful of the availability of these legal resources and should work creatively to assist stakeholders in actively participating in the Court. Judicial Monitoring and Offender Accountability Judicial monitoring of offenders in both criminal and family cases is a cornerstone of the IDV Court model. Offenders' compliance with court mandated programs should be immediately communicated to the judge in order to facilitate regular and intensive judicial oversight. Judicial and Non-judicial Training Training and education for judges and non-judicial personnel in the IDV Courts is an integral part of the Court's ability to handle related family matters in a consistent and comprehensive manner. Intensive domestic violence training, as well as training in legal and operational issues arising in IDV Courts, is provided to the judges and court staff in order to keep all personnel abreast of the latest research and best practices in the field. Technology Technology applications in an IDV Court can serve to ensure that relevant information flows continuously, quickly and reliably to and from the judge. Technology is also crucial for tracking the results of the Court. The IDV Application, developed for the IDV Courts, provides a unified and comprehensive database that captures important information regarding services and compliance and generates calendars and reports for use by the IDV Courts. Courthouse Safety IDV Courts must provide a safe and secure environment in which to adjudicate families' related civil and criminal court proceedings. Planners should re-examine existing security plans and protocols to ensure that there are sufficient security personnel who can identify and respond to potentially volatile situations, safe waiting rooms for victims of domestic violence and their children with access to services and separate spaces for offenders. Confidentiality IDV Courts must pay particular attention to the fact that there are different information sharing rules and policies for different types of cases. Care in ensuring appropriate levels of confidentiality of court records and proceedings must be maintained. Domestic Violence Services Victim safety is one of the primary goals of the IDV Court. Each IDV Court should facilitate a victim's immediate access to victim advocates who can provide safety planning, counseling and access to a multitude of social services. Stakeholder and Community Resources Each IDV Court should form relationships with a variety of stakeholder agencies, organizations, and social service providers. Interagency

6 Page 3 of 3 collaboration provides many benefits including: increased communication and coordination of services, improved levels of cooperation and opportunities for cross-training and feedback.

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