A Restorative Approach To Family Violence

This volume provides an essential update on current thinking, practice and research into the use of restorative justice in the area of family violence. It contains contemporary empirical, theoretical and practical perspectives on the use of restorative justice for intimate partner and family violence, including sexual violence and elder abuse. Whilst raising issues relating to the implications of reporting, it provides a fresh look at victims’ issues as well as providing accounts of those who have participated in restorative justice processes and who have been victims of abusive relationships. Contributions are included from a wide range of perspectives to provide a balanced approach that is not simply polemic or advocating. Rather, the book genuinely raises the issue for debate, with the advantage of bringing into the open new research which has not been widely published previously. Given its unique experience in the development of restorative justice, the book includes empirical studies relating to New Zealand, contextualized within the global situation by the inclusion of perspectives on practices in the UK, Australia and North America. This book will be key reading for people who work with violent offending of a family nature as well as for those who are interested in the study of family violence.

A Restorative Approach to Family Violence looks back at an early and successful demonstration of a family and culturally based model to stop severe family violence. This conferencing model, called family group decision making, was applied by three diverse Canadian communities—Inuit, rural, and urban—to the benefit of child and adult family members. Narrative inquiry identifies how engaging the family and relatives resets the narrative from misrecognition to recognition of their competence and caring. Family violence poses some of the most long-term and controversial questions in restorative justice. Should we use a restorative approach to stop gendered and intergenerational harm? Or will bringing together those who have been harmed, those causing harm, and their supporters only incite more violence? Underlying these questions is a profound distrust of families and their cultural networks. This distrust has stalled turning away from carceral interventions that particularly harm minoritized communities. Moving forward in time, the volume identifies blocks to trusting families and their cultural networks and means of circumventing these blocks. The book offers a theory of feminist kin-making to comprehend the restorative process and gives practical guidance to restorative participants, practitioners, policy makers, and researchers.

This 2002 book addresses one of the most controversial topics in restorative justice: its potential for dealing with conflicts within families. Most restorative justice programs specifically exclude family violence as an appropriate offence to be dealt with this way. This book focuses on the issues in family violence that may warrant special caution about restorative justice, in particular, feminist and indigenous concerns. At the same time it looks for ways of designing a place for restorative interventions that respond to these concerns. Further, it asks whether there are ways that restorative processes can contribute to reducing and preventing family violence, to healing its survivors and to confronting the wellsprings of this violence. The book discusses the shortcomings of the present criminal justice response to family violence. It suggests that these shortcomings require us to explore other ways of addressing this apparently intractable problem.

Controversial and forward-thinking, this volume presents a much-needed analysis of restorative justice practices in cases of violence against women. Advocates, community activists, and scholars will find the theoretical perspectives and vivid case descriptions presented here to be invaluable tools for creating new ways for abused women to find justice.

Restorative Justice for Domestic Violence Victims uses a rich and detailed set of interviews and complementary survey data to make a strong case for introducing restorative justice principles into the existing menu of services for victims of domestic violence. Guided primarily by concerns of victim safety, domestic violence theorists and practitioners have been wary of introducing restorative justice principled programs in the domestic violence arena. While remaining cognizant of safety concerns, Marilyn Fernandez weaves together the theories, concepts, and research in the restorative justice and domestic violence traditions and uses the voices of domestic violence victims to make a case for restorative justice programs. In the process, Fernandez helps readers, academicians, students, and practitioners, understand the complex nature of domestic violence and the lives of its victims.

Adolescent Violence in the Home examines a form of violence that has a profound impact on families but is often overlooked and frequently misunderstood: teen aggression and violence toward members of their family—especially parents. Violence in adolescents is often seen as the result of a mental-health diagnosis, delinquency, or as a response to dysfunctional parenting, and though understanding a youth’s mental-health status or a parenting style can be helpful, complete focus on either is misplaced. Adolescent Violence in the Home uses a restorative framework, developed by the authors and in use in court systems and organizations around the world, to situate violent behaviors in the context of power and the intergenerational cycle of violence. Readers will come away from this book with a profound understanding of the social and individual factors that lead youth to use violence and how adolescent violence affects parents, and they’ll also learn about a variety of interventions that specifically address teen violence against parents.

Decriminalizing Domestic Violence asks the crucial, yet often overlooked, question of why and how the criminal legal system became the primary response to intimate partner violence in the United States. It introduces readers, both new and well versed in the subject, to the ways in which the criminal legal system harms rather than helps those who are subjected to abuse and violence in their homes and communities, and shares how it drives, rather than deters, intimate partner violence. The book examines how social, legal, and financial resources are diverted into a criminal legal apparatus that is often unable to deliver justice or safety to victims or to prevent intimate partner violence in the first place. Envisioned for both courses and research topics in domestic violence, family violence, gender and law, and sociology of law, the book challenges readers to understand intimate partner violence not solely, or even primarily, as a criminal law concern but as an economic, public health, community, and human rights problem. It also argues that only by viewing intimate partner violence through these lenses can we develop a balanced policy agenda for addressing it. At a moment when we are examining our national addiction to punishment, Decriminalizing Domestic Violence offers a thoughtful, pragmatic roadmap to real reform.

Sexual violence, in all its forms, is a crime for which anecdotal accounts and scholarly reports suggest victims in their great majority do not receive adequate ‘justice’ or redress. The theory and practice of restorative justice is rapidly developing and offers some well-argued new avenues for dealings with crime in general. It has the potential to be extended to cases of sexual violence and a number of small scale programmes are already underway across the world. Restorative Responses to Sexual Violence examines this innovative justice paradigm in more depth in the particular context of sexual trauma and violence in order to establish the empirical realities of restorative justice approaches in cases of sexual violence, and considers how such approaches could be developed adequately in the future. This book is divided into two parts, each representing a key area of research and practice: theoretical and conceptual frameworks, and justice and therapeutic perspectives. This international collection brings together leading expert scholars and practitioners to offer both theoretical and practical perspectives on restorative justice and sexual violence. This book will be of interest to researchers in the field of law, criminology, psychology, social science, social work and psychotherapy, as well as practitioners in the fields of criminal justice, restorative justice and sex offender and victim trauma therapies.