The Role of Restorative Justice for Victims of Family Violence Bernadette T. Muscat, Ph.D. California State University, Fresno (559)

Responding to Family Violence The Pendulum The Pendulum Private Family Matter Private Family Matter Legalistic Response Legalistic Response Restorative Justice Restorative Justice

Components of Restorative Justice Crime Reduction and Prevention Crime Reduction and Prevention Reparation Reparation Accountability Accountability Collaboration Collaboration

Crime Reduction and Prevention Safety and Wellbeing Safety and Wellbeing Conflict Resolution Conflict Resolution Maintaining Peace Maintaining Peace Justice through Problem Solving Justice through Problem Solving Identify Appropriate Interventions to Change Criminal Behavior Identify Appropriate Interventions to Change Criminal Behavior Prevent Crime and Harmful Effects Prevent Crime and Harmful Effects

Reparation Repair the Harm Repair the Harm Victim Healing Victim Healing Justice Justice Written/Oral Apology for Wrongdoing Written/Oral Apology for Wrongdoing Payment for Losses Payment for Losses Improve Quality of Life Improve Quality of Life

Collaboration Build and Enhance Partnerships Build and Enhance Partnerships Harmonious Working Relationships amongst all Justice/Service Components Harmonious Working Relationships amongst all Justice/Service Components Participation of Concerned Community Participation of Concerned Community Mutual Investment in the Family Mutual Investment in the Family Referrals for Multiple Services for Victim, Offender, and Family Referrals for Multiple Services for Victim, Offender, and Family

Accountability Abuser must be Accountable for Behavior and Criminal Actions Abuser must be Accountable for Behavior and Criminal Actions Consequences for Actions and Choices Made Consequences for Actions and Choices Made Abuser must be Responsible for Changing Abuser must be Responsible for Changing No Victim Blaming No Victim Blaming Family Abuse is a Crime and Will Not be Condoned Family Abuse is a Crime and Will Not be Condoned

Empowerment Knowledge and Information Knowledge and Information Provide Choice Provide Choice Recognition and Importance of Victim’s Choices Recognition and Importance of Victim’s Choices Informed Consent Informed Consent Control over the Process Control over the Process Potential Outcomes Potential Outcomes Gives the Victim a Voice Gives the Victim a Voice Overcome Feelings of Helplessness Overcome Feelings of Helplessness Bring Support System to the Process Bring Support System to the Process

Victim Rights Right to be Heard Right to be Heard Truth telling and Emotional Expression Truth telling and Emotional Expression Identify and Present Needs Identify and Present Needs Opinions are Valued Opinions are Valued Validation of Experiences Validation of Experiences Right to Participation Right to Participation Without Pressure Without Pressure Resolution of Crimes Resolution of Crimes Identification of Interventions Identification of Interventions Determine Outcomes Determine Outcomes Right to Safety Right to Safety

The Victim and Restorative Justice Decide to Participate in Restorative Justice Decide to Participate in Restorative Justice Understand the Restorative Justice Process Including Pros/Cons, Potential Risks, and Possible Outcomes Understand the Restorative Justice Process Including Pros/Cons, Potential Risks, and Possible Outcomes Be Prepared for the Offender’s Actions, Reactions, and Responses Be Prepared for the Offender’s Actions, Reactions, and Responses Be an Active Decision Maker Be an Active Decision Maker Identify Safe Termination Procedures Identify Safe Termination Procedures

Offenders Open to the Process Open to the Process Willing to Participate Willing to Participate Wants to Change Wants to Change

Facilitators Dual Gender Facilitator Team Dual Gender Facilitator Team Education and Specialized Training Education and Specialized Training Family Violence Family Violence Family Dynamics Family Dynamics Power Imbalance Power Imbalance Victim Blaming Victim Blaming Restorative Justice Restorative Justice Determine Victim’s Losses and Needs Determine Victim’s Losses and Needs Work Collaboratively with Justice System and Service Providers Work Collaboratively with Justice System and Service Providers

Safety and Security Screening of Participants Screening of Participants Orientation for Victim/Offender Orientation for Victim/Offender Identification of Subtle Cues Abuse Identification of Subtle Cues Abuse Victim Identification of Safe Location Victim Identification of Safe Location Escort System Escort System Staggered Arrival/Departure Times Staggered Arrival/Departure Times On-site Metal Detectors On-site Metal Detectors Separate Waiting Rooms Separate Waiting Rooms Seating Arrangement Seating Arrangement Voluntary and not Mandatory Voluntary and not Mandatory

Confronting the Crime of Domestic Violence Identify the Problem and Related Behaviors Identify the Problem and Related Behaviors Determine Criminal Activities Determine Criminal Activities Hold the Offender Accountable for Harm to Victim Hold the Offender Accountable for Harm to Victim Offender Remorse for Actions Offender Remorse for Actions Reparation Reparation

Outcomes of Restorative Justice Reduce Tension Reduce Tension Open Communication and Active Listening Open Communication and Active Listening Skills for Conflict Resolution Skills for Conflict Resolution Impulse Control Impulse Control Understand and Avoid Triggers Understand and Avoid Triggers Determine a Common Ground for Problem Solving Determine a Common Ground for Problem Solving Establish Working Relationship for the Betterment of the Family Establish Working Relationship for the Betterment of the Family

The Promise of Restorative Justice for Family Violence Individualize Interventions Individualize Interventions Recognition of Race, Class, Culture Recognition of Race, Class, Culture Works Toward a Safe and Secure Long- term Environment or Reunification Works Toward a Safe and Secure Long- term Environment or Reunification Takes into Consideration the Entire Family Takes into Consideration the Entire Family Collaborative Process with System, Services, and Community Supports Collaborative Process with System, Services, and Community Supports Enforcement Mechanism for Non- compliance Enforcement Mechanism for Non- compliance