Domestic Violence

Domestic Violence is an area where the use of restorative justice has been particularly controversial due to fears of further revictimisation that could arise. Further complications include the potential for restorative practitioners to be unaware of messages/threats that could be exchanged within a meeting due to the intimate nature of the participants' relationship and the subtle communication that could take place as a result.

On the other hand low prosecution rates for domestic violence and the potential for a concilliatory approach to be more effective in addressing the harm caused mean there is plenty of potential for the use of restorative justice in cases of domestic violence.

Current Best Practice Guidance shows how controversial this area is by drawing attention to it as an area where the use of restorative processes could not be agreed. "The use of restorative processes in domestic violence cases is not agreed; the government’s forthcoming paper on domestic violence will address this issue." Best Practice Guidance (2004) NB. no 'forth-coming government paper has in fact addressed this issue - although a general paper on domestic violence has now been published Home Office (2009) Together We Can End Violence Against Women and Girls: A Strategy. London: Home Office.

There is no ban on the practice of restorative justice in such cases and there are examples of good practice abroad and within the UK. Below are some resources on Restorative Justice and Domestic Violence;

Restorative Justice and Domestic Violence/Abuse - report commissioned by HM Prison Cardiff (2008, updated April 2010)  - summary & full report Marian Liebmann and Lindy Wootton. Funded by The Home Office Crime Reduction Unit for Wales.

Restorative Justice and Domestice Violence: The Big Taboo?
Presented by Marian Liebmann & Marilyn Taylor at the RJC Annual Practioners' Day 2008.

Marian's Power Point presentation - RJ & Domestic Violence
Marilyn's Power Point presentation - Daybreak: Doves & Bluebirds

Case study of the use of family group conferencing in domestic violence is available in Resolution 17 (Jan 2005)