About the
Project
The St. John’s Family Violence Intervention Court is a pilot project
and it is a specialized criminal court, using a treatment-based
approach, intended to address the complex issue of family violence.
The goal of the Court is to prevent and reduce incidents of family
violence through collaboration with key community partners. This
collaborative process accelerates access to support services and
intervention programs. The Court will focus on enhancing victim
safety as well as emphasizing offender accountability and treatment.
The Family Violence Intervention Court has been operating in St.
John’s since March 2009. It sits every second Wednesday afternoon in
courtroom # 8 at 2:00 p.m., alternating with the Mental Health
Court.
For the
purposes of the pilot project, family violence has been defined as
Criminal Code offences committed by the accused arising from or
related to his or her relationship with a significant partner or
ex-partner. The key component is the relationship between the
accused and the complainant and cohabitation is not a determining
factor.
There are two
ways in which an accused may be referred to the Family Violence
Intervention Court. An accused may be referred directly from
courtroom #7 (first appearance court). If a matter is transferred to
another criminal court and the accused later decides that they would
like to participate in the Family Violence Intervention Court, then
an application is required. This application will be heard in the
Family Violence Intervention Court and it must be made within a
reasonable time. As well, the application may not be granted if the
accused previously declined an opportunity to be referred to the
Family Violence Intervention Court. For
additional information regarding this process, please refer to the
Specialty Court Application Process Practice Note and
Schedule A.
^
Top of Page
Eligibility
Criteria
To participate
in the Family Violence Intervention Court, the accused must meet the
following eligibility criteria:
·
The accused must be an
adult (18 years +);
·
The accused must be
charged with a family violence offence(s) which includes any
criminal offence involving their partner or ex-partner;
·
The accused must be
charged with an offence(s) where the sentence could legally be a
community disposition. A community disposition is a sentence that
does not include time served in prison. If the accused is charged
with an offence that is subject to a mandatory period of
imprisonment, then they are not eligible;
·
The accused must
participate in a risk assessment and the results of the assessment
must show that their risk level is appropriate for the family
violence programming being offered;
·
The accused must
accept responsibility for their actions by entering a guilty plea
and this will be done in consultation with their lawyer;
·
The accused must
participate in the family violence programming;
·
The accused must agree
to information sharing among the team; and
·
The accused must agree
to be supervised by the Bail Supervisor with Adult Corrections and
to follow the conditions placed upon them by the Judge.
^
Top of Page
The Court
Process
Once the
accused has met all of the eligibility requirements, they will
appear in Family Violence Intervention Court and enter a guilty
plea. An agreed statement of facts will be read to the Court. Following a guilty plea and a finding of guilt by the Judge, the
case will be adjourned for sentencing. The accused will be released
on conditions as recommended by counsel and determined by the Judge,
including a condition that they participate in family violence
programming. Throughout the adjournment period, the accused will be
required to meet with the Bail Supervisor who will provide the
Family Violence Intervention Court with updates on the progress of
the accused. The accused will also be required to return to the
Court for periodic updates.
Upon completion
of the programming, the accused will return to the Court for
sentencing. The Judge will consider the efforts of the accused and
successful completion of the programming when determining the
sentence. However, a community disposition is not guaranteed. The
Judge may still order a period of time in prison if warranted.
^
Top of Page
Services for
Victims
The Victim
Services Regional Coordinator will provide enhanced support to
interested victims and their children. The services offered through
Victim Services include: general information about the Court and the
criminal justice system in general; updated information about the
case; updated information on the status of the accused’s
participation in the process; assistance with preparing Victim
Impact Statements; assistance with preparing safety plans; access to
counseling services for victims and their children within the Victim
Services Program or, if needed, referrals to specialized community
resources such as Child, Youth and Family Services and Eastern
Health; facilitation of access to community supports and resources
as required; and provision of emotional support.
^
Top of Page
Emergency
Protection Orders
The Family
Violence Intervention Court does not have any impact on the process
for obtaining an emergency protection order. For more information on
applying for such an order, please refer to the
Emergency Protection Order section of this website.
^
Top of Page
|
