Enforcer, Manager or Leader? The Judicial Role in Family Violence Courts

International Journal of Law and Psychiatry, Vol. 33, pp. 406-416, 2010

Monash University Faculty of Law Legal Studies Research Paper No. 2010/22

Posted: 23 Dec 2010 Last revised: 22 Jul 2013

See all articles by Michael S. King

Michael S. King

Monash University - Faculty of Law

Becky Batagol

Monash University - Faculty of Law

Date Written: December 21, 2010

Abstract

Judicial supervision of offenders is an important component of many family violence courts. Skepticism concerning the ability of offenders to reform and a desire to protect victims has led to some judges to use supervision as a form of deterrence. Supervision is also used to hold offenders accountable for following court orders. Some family violence courts apply processes used in drug courts, such as rewards and sanctions, to promote offender rehabilitation. This article suggests that while protection and support of victims should be the prime concern of family violence courts, a form of judging that engages offenders in the development and implementation of solutions for their problems and supports their implementation is more likely to promote their positive behavioral change than other approaches to judicial supervision. The approach to judging proposed in this article draws from therapeutic jurisprudence, feminist theory, transformational leadership and solution-focused brief therapy principles.

Keywords: psychiatry, therapeutic jurisprudence, family law, judicial supervision, courts

JEL Classification: K00, K40, K49, K42, K41

Suggested Citation

King, Michael S. and Batagol, Becky, Enforcer, Manager or Leader? The Judicial Role in Family Violence Courts (December 21, 2010). International Journal of Law and Psychiatry, Vol. 33, pp. 406-416, 2010, Monash University Faculty of Law Legal Studies Research Paper No. 2010/22, Available at SSRN: https://ssrn.com/abstract=1729092

Michael S. King (Contact Author)

Monash University - Faculty of Law ( email )

Wellington Road
Clayton, Victoria 3800
Australia

Becky Batagol

Monash University - Faculty of Law ( email )

Wellington Road
Clayton, Victoria 3800
Australia

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