Family violence alternative resolution project trial starts

A new process for some family violence cases is currently being trialled in the Manukau District Court. Auckland District Law Society provides the following information:

"How does it work?

When the defendant is arrested for a family violence offence and the defendant, victim and family in the incident indicate a willingness to be part of the alternative resolution project the defendant will be requested to plead guilty to an offence in the Family Violence Court relating to that incident which activates Ministry of Justice funding.

Cases which are suitable for the project will be identified by the Police before the offender’s first appearance in court.

At the initial appearance, the Police Prosecutor will indicate to the court that the case is suitable for the project and the case will be adjourned to a Family Violence list day. However, between the initial appearance and the Family Violence list date, a meeting will be held to establish a ‘family plan’. The offender, victim and other family members will be interviewed separately by an approved agency (one of the Family Violence Interagency Response partners) who will formulate a plan and circulate the plan prior to the next court appearance (including sending it to the defence counsel for comment and input).

At the Family Violence Court appearance, the judge will review the plan and the agency which drafted the plan will be present in court to answer any queries. If agreeable, the judge will include the recommendations from the plan in the offender’s bail conditions and remand the case until the family plan is completed. When the family plan is completed the judge will resolve the case.

The success of the family plan relies on the involvement of the victim and family members. However their involvement is voluntary.

The trial begins in Manukau District Court after Labour weekend, with an initial project evaluation taking placing after three cases have completed the process."

Read more here.

Read 'Family ties to challenge domestic abuse', Stuff, 26/10/12