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DOMESTIC VIOLENCE IN THE CIVIL AND CRIMINAL COURTS

NCJ Number
146434
Date Published
1992
Length
387 pages
Annotation
This manual used in a California continuing judicial studies program instructs judges in laws and court procedures pertinent to criminal and civil court proceedings in domestic-violence cases.
Abstract
A "Benchguide" assists criminal court judges in presiding over domestic violence cases. Designed as an easy- reference guide, it contains sections on pretrial-release considerations, case dispositions before trial, issues at preliminary hearing and trial, and sentencing. Another section presents new California legislation that affects domestic violence prosecution. These statutes took effect on or before January 1, 1992. A third section of the manual presents the outline of an instruction session on "The Impact of Domestic Violence on the Victim and Defendant in the Courtroom." The learning objective is to apply an understanding of domestic violence to judicial fact-finding and decisionmaking. A section on victim/witness testimony examines the reasons why domestic assault victims are reluctant or refuse to testify and suggests ways to encourage victim testimony. Information on the hearing of domestic violence cases in civil courts addresses protective orders and child custody and visitation. Other sections of the manual provide additional information on domestic violence and the determination of visitation and custody in divorce, followed by instruction pertinent to judicial fact- finding and decisionmaking in civil court proceedings.

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