Restorative Justice and Intimate Partner Violence

Coming to the courthouse and participating in hearings can be confusing and intimidating for anyone but is especially so for domestic violence survivors. They may have significant concerns for their and their children’s emotional and physical safety; may be contending with the effects of recent trauma; and may have difficulty accessing the supportive resources that they need. It’s essential for court teams to proactively design and implement strategies to support survivors’ safety and well-being so they can meaningfully participate in the legal process.

This paper provides a summary of two recent reports on the use of restorative justice and other community-based practices to respond to intimate partner violence. It includes highlights and guiding principles that emerged from a national study of practitioners. It also includes recommendations on how to grow this work that were made in a blueprint for New York City. This is part of our ongoing effort to continue this conversation and push for more options outside of the criminal legal system for people impacted by intimate partner violence.

The Center for Court Innovation learned about restorative approaches to crime and conflict from Native American practitioners in whose communities peacemaking has been practiced for generations. We are deeply grateful to our many Native mentors, especially from the Navajo Nation, who taught us about kinship in this work. We are also grateful to our trainers from across the country who taught us the foundations of circle practice and who walked us through the real-life challenges of implementation.