A Judge’s Guide

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Excerpts From: MODEL CODE ON DOMESTIC AND FAMILY VIOLENCE Drafted by the Advisory Committee of the Conrad N. Hilton Foundation Model Code Project of the Family Violence Project Reprinted with permission of the National Council of Juvenile and Family Court Judges, Family Violence Department COPYRIGHT 1994 by the National Council of Juvenile and Family Court Judges 219
INTRODUCTION Domestic and family violence is a pervasive and frequently lethal problem that challenges society at every level. Violence in families is often hidden from view and devastates its victims physically, emotionally, spiritually and financially. It threatens the stability of the family and negatively impacts on all family members, especially the children who learn from it that violence is an acceptable way to cope with stress or problems or to gain control over another person. It violates our communities' safety, health, welfare, and economies by draining billions annually in social costs such as medical expenses, psychological problems, lost productivity and intergenerational violence. Domestic and family violence must be reduced and prevented. When it occurs we must intervene effectively. Our best hope to do so requires strong public policy against domestic and family violence and begins with appropriate legislation to that end. Leadership, communication and coordination are critical among legislators; government administrators; law enforcement; courts and their gatekeepers; attorneys; the medical and health care community; advocates and providers of services to victims; corrections and providers of treatment for offenders, educators, and volunteers. Recognizing the critical importance of legislation, in 1991 The National Council of Juvenile and Family Court Judges, with the generous support and commitment of the Conrad N. Hilton Foundation, undertook the challenge of drafting a Model State Code on Domestic and Family Violence through its Family Violence Project. The Model Code was developed with the collegial and expert assistance of an advisory committee composed of leaders in the domestic violence field including judges, prosecutors, defense attorneys, matrimonial lawyers, battered women's advocates, medical and health care professionals, law enforcement personnel, legislators, educators and others. Hard choices and necessary compromises were made during three years of intense work. In two instances alternative solutions were set forth. The commentary accompanying the Code is descriptive while the appendices contain selected source materials. Throughout the discussions and Code itself, due process and fairness were paramount. Because this is a Model Code each chapter and section can be independently assessed and accepted or modified. 220
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Second Edition A Judge’s Guide Ma
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A Judge’s Guide: Making Child-Cen
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Lehrmann was kind enough to review
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TABLE OF CONTENTS Introduction.....
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c. Special Considerations .........
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Introduction Child custody and visi
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Managing the Child Custody Case You
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MANAGING THE CHILD CUSTODY CASE The
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MANAGING THE CHILD CUSTODY CASE the
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MANAGING THE CHILD CUSTODY CASE fac
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MANAGING THE CHILD CUSTODY CASE Us
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MANAGING THE CHILD CUSTODY CASE In
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MANAGING THE CHILD CUSTODY CASE pro
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MANAGING THE CHILD CUSTODY CASE dev
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MANAGING THE CHILD CUSTODY CASE fam
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MANAGING THE CHILD CUSTODY CASE In
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MANAGING THE CHILD CUSTODY CASE Mos
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MANAGING THE CHILD CUSTODY CASE chi
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MANAGING THE CHILD CUSTODY CASE 20
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Representation for the Child in Cus
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REPRESENTATION FOR THE CHILD IN CUS
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DEVELOPMENTAL CONSIDERATIONS as Jea
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DEVELOPMENTAL CONSIDERATIONS are fi
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Developmental Considerations DEVELO
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Special Considerations DEVELOPMENTA
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Information Needed to Assess Parent
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How Divorce May Impact Development
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Parenting Considerations Informatio
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In-Chambers Interview Parenting Con
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Developmental Considerations How Di
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In-Chambers Interview DEVELOPMENTAL
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Information Needed to Assess Parent
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Parenting Considerations Informatio
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In-Chambers Interview DEVELOPMENTAL
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DEVELOPMENTAL CONSIDERATIONS adoles
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Parenting Considerations Chapter 4
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PARENTING CONSIDERATIONS the parent
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PARENTING CONSIDERATIONS attitudes,
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PARENTING CONSIDERATIONS who may or
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PARENTING CONSIDERATIONS You should
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PARENTING CONSIDERATIONS Judges usu
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PARENTING CONSIDERATIONS the distan
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PARENTING CONSIDERATIONS 11 Carol L
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EXPERT HELP Framing the Questions -
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EXPERT HELP Sometimes mental and be
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EXPERT HELP FAMILY AND FORENSIC FAC
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EXPERT HELP Second, there is an eth
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EXPERT HELP By far the most popular
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EXPERT HELP • Given the father’
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EXPERT HELP accompanying manual des
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EXPERT HELP 1 ANN M. HARALAMBIE, HA
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EXPERT HELP 38 Roseby, supra note 3
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RECURRING ISSUES a preference”; a
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RECURRING ISSUES Denying or Restric
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RECURRING ISSUES supervision. If do
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RECURRING ISSUES The effect the sym
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RECURRING ISSUES Interference with
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RECURRING ISSUES • The noncustodi
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RECURRING ISSUES well. 79 More than
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RECURRING ISSUES The following char
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RECURRING ISSUES woman is three tim
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RECURRING ISSUES may be logisticall
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RECURRING ISSUES Even where mediati
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RECURRING ISSUES 26 LEMON, supra no
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RECURRING ISSUES in visiting grandp
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RECURRING ISSUES 83 Zorza, supra no
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RECURRING ISSUES 124 Matthews, supr
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Model Code of Judicial Conduct Cano
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Paul Marvy & Debra Gardner. (2005).
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Dispute Resolution Research.: A Rep
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Implications for Lesbian Mothers, 2
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Clinical Symptoms and Legal Remedie
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Thoennes & Tjaden. (1990). The Exte
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John Dewitt Gregory. (1998). Blood
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21. Resources for Children Sally B.
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Page 179 and 180: eleased publications. All NACC memb
Page 181 and 182: www.Familyequality.org Organizatio
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Page 185 and 186: PRELIMINARY PARENTING PLAN A. How w
Page 187 and 188: 5. Extracurricular activities Supp
Page 189 and 190: 3. Topics to be discussed 4. School
Page 191 and 192: I challenge you all the time. I lik
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Page 197 and 198: II. SCOPE AND DEFINITIONS A. Scope
Page 199 and 200: Commentary The lawyer should not pr
Page 201 and 202: domestic violence. Settlement frequ
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Page 205 and 206: B. Informing and Counseling the Cli
Page 207 and 208: Commentary These Standards do not p
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Page 213 and 214: Best Interests Attorneys must be fa
Page 215 and 216: Commentary k. Inappropriate adult i
Page 217 and 218: Commentary The Child’s Attorney o
Page 219 and 220: and how and by whom the fees and ex
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Page 223 and 224: II. NATURE OF APPOINTMENT _________
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Page 233 and 234: 5. "Safety plan" means a written or
Page 235 and 236: Sec. 403. Presumption concerning re
Page 237 and 238: COMMENTARY Supervised visitation ce
Page 239 and 240: COMMENTARY Subsection 1 authorizes
Page 241 and 242: I. INTRODUCTION That children are a
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Page 245 and 246: abuse induces some victims who migh
Page 247 and 248: when her batterer is removed from t
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Page 251 and 252: interference 73 are also popular to
Page 253 and 254: Changes in U.S. immigration laws an
Page 255 and 256: Bureau of Justice Statistics (BJS)
Page 257 and 258: violence. 113 In their homes violen
Page 259 and 260: A. Men who batter their partners ar
Page 261 and 262: amendment to its custody code, whic
Page 263 and 264: A. Abuse victims and children often
Page 265 and 266: Professor Bernadine Dorn cites the
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Page 269 and 270: quite helpful if the battered mothe
Page 271 and 272: 2. Talk with children alone. The in
Page 273 and 274: or alcohol on the day of the offens
Page 275 and 276: that victims in multiple violent re
Page 277 and 278: procedure to have payments made thr
Page 279 and 280: C. Children are further traumatized
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B. While domestic violence spans al
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1. “I lost control.” Some abuse
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Intake, 5.1 Evaluation (of batterer
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Services issues, court issues, legi
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2. John W. Fantuzzo & Wanda K. Mohr
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Project, and the Director and Advis
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From 2005 through 2008, the Project
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IV. Conclusion The important work o
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A Judge’s Guide

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