Moving beyond the criminal justice paradigm: a radical restorative justice approach to intimate abuse

Journal of Sociology and Social Welfare, March, 2004 by Peggy Grauwiler, Linda G. Mills

Llewellyn & Howse (as cited in Edwards & Haslett, 2002) describe restoration as the creation or re-creation of relationships of meaningful social equality. The offender claims responsibility for his choices, actions and consequences of his actions; these are essential components of restorative justice. One Canadian study of family group conferences that addressed child maltreatment and domestic violence found a reduction in indicators of child maltreatment and domestic violence, an advancement of children's development and an extension of social supports (Pennell & Burford, 1998).

Family decision making conferences were introduced in the Miami-Dade Juvenile Court in 1998. An evaluation study of this project in cases of child maltreatment, found an increase in parent and participant satisfaction with the court process, empowerment of families as decision makers, improved relationships between the Department of Children and Families and a reduction in the amount of time children spend waiting for permanency (Gatowski, Dobbin & Litchfield, 2001). This raises an important question about conferencing: If they can improve relationships within families and between participants within outside agencies, can they address violence between partners while also improving community relations? As Kay Pranis (2002) so eloquently documents:

   A very important value in restorative justice is that of empowering
   unheard voices. That is most often and most powerfully accomplished
   through personal narratives. Listening respectfully to
   someone's story is a way of giving them power--a positive kind of
   power. (p. 30).

Restorative justice practice in the area of domestic violence can be rooted in a clear set of values and principles that coincide with the interests of mainstream feminists in serving the needs of battered women: Victim safety, victim choice, offender accountability, and system accountability (Edwards & Haslett 2002). Restorative conferences as part of a continuum of ongoing services and even criminal justice intervention in some instances, can help address the violence between individuals, within families, and also can facilitate community-wide healing through the participation of friends and community leaders.

Historically, intervention in the area of domestic violence has always started at the grass roots level--through experimentation, advocacy and respect for a diversity of views. The movement has succeeded in getting the attention of the criminal justice system. It is time to expand our efforts to include the needs of those who avoid the criminal justice system or otherwise reject it, by developing effective community-based interventions that are not dependent upon criminal intervention. The irony is that mandated arrest policies were developed following a small study in Minneapolis suggesting the effectiveness of arrest in reducing domestic violence crimes. Despite increasing evidence that this initial study may have been only partially accurate, mandated arrest became the battle cry of mainstream feminists (Mills 2003). We suggest similar experimentation stemming from early indications that restorative justice can reduce family violence. Ongoing empirical research should accompany each of these efforts.