Resources

A Judicial Guide to Child Safety in Custody Cases

The Judicial Guide contains 14 bench cards which provide an easy-to-use checklist system for judges at critical decision-making points throughout the case, as well as a supplemental guide which provides additional information about in- and out-of-court behaviors, best interest of the child, and order issuance and enforcement.
Assessing Risk of Parental Child Homicides in the Context of Domestic Violence Technical Assistance Brief

This technical assistance brief describes the current state of research on identification of children’s risk for lethality and its relationship to the adult victim’s risk.
Assessing the Efficacy of Batterer Intervention Programs in Context

This publication was prepared to facilitate an informal group discussion about the efficacy of batterer intervention programs.
Can I or Can’t I

This guidance is designed to serve as a tool for judges evaluating whether a proposed extra-judicial activity meets the requirements of the judicial code of conduct in the jurisdictions where ethics opinions have been published.
Case Law Update: Domestic Violence Rebuttable Presumption

This document contains summaries of published state court decisions of interest related to a rebuttable presumption against awarding sole or joint custody to a parent who has engaged in domestic violence against the other parent.
Checklist Ethics Responding to the Media
This checklist focuses on strategies for responding to the media in high profile court cases.
Civil Protection Order CASE LAW UPDATE FOR 2019
This document contains summaries of published state court decisions of interest related to civil protection orders, their issuance, and their enforcement for the year 2019. While most of these summaries are brief, containing only the courts holding and any necessary background or procedural details, a few have been expanded based on their complexity, their uniqueness, or the importance of their holding. Cases have been categorized by their main issue below. Cases granted a rehearing before publication of this document are noted.
Critique: "It's In Their Culture": Fairness and Cultural Considerations in Domestic Violence

by Dr. Sujata Warrier. (From EJS Culture Segment)
This essay attempts to critique the prevailing thinking on culture and cultural competency within the context of domestic violence
Dividing Retirement Benefits at Divorce Bench Card

This bench card provides an overview of the key points a judge needs to know, including the information needed to divide retirement benefits appropriately, decisions the judge needs to make, and what the order should include.
Firearms Forms

The 11th Judicial Circuit's dedicated Domestic Violence Court (Protection Order and Criminal) in Miami, FL, has crafted comprehensive procedures and forms related to surrender and return of firearms (including ammunition, and concealed weapons permits).
Full Faith and Credit: A Passport to Safety, A Judge's Guide

In 2005, the NCJFCJ revised Passport to Safety to reflect the amendments to VAWA, which expanded it from its original issuing and enforcing court cards to include new bench cards on firearms and child custody, visitation, and support. The NCJFCJ also added a Tribal insert to reflect the 2013 amendments to VAWA.
Immigration Power and Control Wheel

Power and Control Wheel specific to immigrant survivors.
Judicial Officer Bench Card on Stalking

This bench card is designed for use in conjunction with the more comprehensive Judicial Officer Guide for Responding to Stalking and as a reference when considering the role of stalking in Federal courts; Tribal courts; immigration courts; state family, juvenile, civil, and criminal court cases; and administrative law adjudications including immigration and Equal Employment Opportunity Commission adjudications. Judicial officers are strongly encouraged to read the full Guide prior to using this bench card during proceedings.
Judicial Officer Guide: Responding to Stalking

This Judicial Guide is designed to work in conjunction with federal, state, Tribal, and territorial stalking laws. Judicial officers should consider stalking in all types of legal proceedings, including in Federal courts; Tribal courts; immigration courts; state family, juvenile, civil, and criminal court cases; and administrative law adjudications including immigration and Equal Employment Opportunity Commission adjudications.
McGirt V. Oklahoma: Case Law Update
This publication examines that decision, and its potential impacts to domestic violence victims and states and tribal courts in their efforts to address domestic violence. It also looks at the impact that McGirt has had on the Muscogee (Creek) Nation’s courts.
Model Order Appointing a Custody Evaluator

This model order is a tool designed to assist judges in drafting orders for the appointment of custody evaluators, particularly in cases where domestic violence is an issue. The order and companion commentary guide a judge through considerations in key elements of an appointment order.
Parenting Plans after Family Court Findings of Domestic Violence: Promoting Safety, Accountability and Healing for Victims, Perpetrators, and Children

Parenting plans in the aftermath of domestic violence is the focus of this brief. The long-standing support for the presumptions of shared parenting and rewarding the friendliest parent are on a collision course with our understanding of domestic violence. Parents with a history of domestic violence may need different resolutions that involve supervised or no contact with children, even for a limited period, depending on safety concerns for children and the non-offending parent. Compounding these dilemmas for family courts is the increasing movement promoting parental alienation as a serious concern. Although this paper does not minimize the seriousness of genuine alienation, it has become a common allegation in cases of domestic violence. A critical need in these cases is a proper assessment and investigation into all claims to ensure that appropriate parenting arrangements are matched to each family system. This theme is central in this paper.
Power and Control Wheel
The Power & Control diagram is a particularly helpful tool in understanding the overall pattern of abusive and violent behaviors, which are used by a batterer to establish and maintain control over his partner
Re-examining Battering: Are All Acts of Violence Against Intimate Partners The Same

by Ellen Pence
This article discusses the important differences in partner violence to guide the forging of effective interventions.
Technology Guide for Judges

The following guide includes some of the current technologies and technology terms that may arise in cases involving technology abuse. It is divided into five categories: Social Networking, Group Messaging, and Video Chat, Discussion Forums, Location Services, and Anonymous Browsers. Included under these categories are just a few examples of common sites and apps to help familiarize the reader with the types of technology available. The last section is a list of terms associated with these technologies. It is important to note that technology is changing constantly and information becomes out of date quickly. This guide is meant to be a starting place for judges to understand the basic types of technologies and not as an exhaustive list. Judges are encouraged to use this information as a framework for how technology is used and how it can be misused.
Uniform Child Custody Jurisdiction and Enforcement Act: A Guide for Court Personnel and Judges

This guide, developed by the Legal Resource Center on Violence Against Women, the National Center on State Courts, and the National Council of Juvenile and Family Court Judges, is intended to help you to determine whether your court has jurisdiction to enter or modify a child custody order in these and other interstate cases, as well as to understand your responsibilities to enforce orders from other jurisdictions. The guide includes four components: (1) an overview of the Uniform Child Custody Jurisdiction and Enforcement Act (the UCCJEA), a uniform state law that governs decision-making about jurisdiction in interstate custody cases; (2) a practice guide for judicial offcers that includes strategies for effective implementation of the UCCJEA in your court; (3) a similar practice guide for non-judicial court personnel; and (4) a copy of the UCCJEA and a chart with citations to state versions of the UCCJEA.

Animal Cruelty and Family and Interpersonal Violence

Juvenile and family court judges have an important role in addressing, intervening in, and preventing interpersonal violence and harms against household members, including pets, in juvenile or family law cases.
Animal Cruelty Issues: What Juvenile and Family Court Judges Need to Know

The NCJFCJ and Animal Legal Defense Fund (ALDF) co-hosted the Judicial Responses to Animal Cruelty Issues Convening in 2019. The Convening resulted in the development of this bulletin, animal cruelty training sessions, and the Resolution Regarding Animal Cruelty and its Link to Other Forms of Violence, passed by the NCJFCJ Board of Directors.
Applying an Understanding of Adolescent Brain Development in Teen Dating Violence Cases
This technical assistance brief was developed to provide judges with an overview of brain development during adolescence and to provide an overview of the following:
- Typical adolescent brain development;
- How brain development may be impeded by toxic stress and adversity;
- Implications of brain development in how we understand and address teen dating violence; and
- Recommendations and promising practices for effective intervention in cases of teen dating violence.
Civil Protection Order

This website focuses on resources related to improving civil protection order systems.
Civil Protection Order Process: Considerations for Safe and Effective Responses by Courts to the COVID-19 Pandemic

The public health emergency created by the COVID-19 pandemic has challenged courts and communities in unprecedented ways. Of particular concern are the sometimes insurmountable obstacles that many victims of domestic violence and their children encounter in attempting to escape the abuse and achieve safety through the legal system. Courts throughout the country have risen to the occasion, quickly developing and implementing processes for safe, remote access to civil protection orders (CPOs). Yet, the struggle to adapt to the new circumstances continues, and ensuring that victims can obtain protection orders that meet their safety and other needs remains a difficult and continually evolving challenge. The guidance is intended to assist judicial officers and courts as they design creative and effective solutions to the problems imposed by the COVID-19 emergency. In addition to describing how judicial officers can assume a leadership role in promoting a collaborative response to the pandemic, this document provides examples of concrete strategies that courts and communities can implement to maximize the accessibility and effectiveness of the CPO system despite the impediments.
Considerations When Ordering Supervised Visitation in Domestic Violence Cases

Part of NCJFCJ's Break from the Bench: A Lunch and Learn Series.
Family Court Enhancement Project

This website focuses on resources developed by the Family Court Enhancement Project (FCEP).
ICWA Courts

The Indian Child Welfare Act (ICWA) Courts webpage includes information on the principles of ICWA courts, resources, and webinars.
In Practice: Recognizing Risks to Children as Victims of Domestic Homicide

A program by the Center for Court Innovation - In this episode of In Practice, Kathryn Ford, the Center for Court Innovation’s director of Child Witness Initiatives, discusses child homicide in the context of domestic violence with Dr. Peter Jaffe, a psychologist at Western University in Ontario, Canada, and an internationally-renowned expert on children’s exposure to domestic violence. Among the topics they cover are the prevalence of child domestic homicide, the indicators of a high-level of risk to children and how these can be identified, and the implications for justice-system practitioners.
Recognizing Context and Coercive Controlling Abuse in Intimate Partner Violence

Part of NCJFCJ's Brak from the Bench: A Lunch and Learn Series
Self-Represented Litigants Series

Self-Represented Litigants Series Page, which is on the webpage of the Resource Center on Domestic Violence.
Spotlight on Promising Practices Around Civil Protection Orders: DeKalb County Compliance Review Docket

Civil Protection Orders can be a powerful remedy for victims of domestic and sexual violence and stalking. However, when orders are not enforced, they can seem like nothing more than a piece of paper. Ensuring compliance with orders often falls on the shoulders of the victim/petitioner either to call law enforcement or to go to court to initiate an often complicated contempt procedure. Some courts have chosen to take a more active role in making sure that victims are kept safe and that respondents succeed in complying with the conditions of the court’s orders. One such innovative court is the DeKalb County Magistrate Court, which implemented an entire calendar for compliance review of their Family Violence Protective Orders, which includes compliance with conditions for intervention classes and weapons surrender.
The Ready Resource, April 2021
The Ready Resource provides relevant information about current events, new and helpful resources, and upcoming training dates for judicial officers related to improving responses to intimate partner violence. The most recent edition includes information on what the NCJFCJ can provide to judicial officers through customized training and resources, information about the National Judicial Institute on Domestic Violence, and upcoming webinar opportunities.
The Ready Resource, November 2020
Courts are a vital part of the community and can benefit from community-based feedback and partnerships to improve systemic responses and increase access to services. This edition of the Ready Resource focuses on strategies for building court connections to those working inside and outside of the system to enhance safety and accountability measures in domestic violence cases.
Understanding Adolescent Brain Development in Teen Dating Violence Cases
Webinar: Understanding Adolescent Brain Development in Teen Dating Violence Cases

Part I: The Link between Animal Abuse and Domestic Violence

This webinar, taught by NCJFCJ Past President Judge John Romero, Jr., Diane Balkin, contract attorney with the Animal Legal Defense Fund, and Kathleen Wood, an attorney with the Animal Legal Defense Fund, will familiarize judges, attorneys, domestic violence advocates, and child-serving professionals with research on the links between animal cruelty and domestic violence. Faculty will also cover statutes and orders that include pets in definitions of domestic violence and in the scope of protection orders and services. Faculty will provide practical guidance on what judges need to know and can do to safeguard humans and pets in domestic violence cases.

Part II: The Link between Animal Abuse and Elder Abuse

This webinar, taught by Judge Rosa Figarola, with the Lawson E. Thomas Courthouse Center, Miami, FL, and Diane Balkin, contract attorneys with Animal Legal Defense Fund, will help judges, attorneys, and older adult services professionals understand the bond between elders and their pets and the significance of animal abuse and neglect to elders. Faculty will provide practical guidance on what judges can do, on and off the bench, to safeguard elders and their pets.

What Judges Should Know About Abuse in Later Life in the LGBTQ+ Community

This webinar provides an introduction for judicial officers on issues that arise in cases involving elder abuse in the LGBTQ+ community, including barriers to seeking help, relationship dynamics between partners and with adult children and other family, and perpetrator tactics. Case scenarios will allow participants to explore the challenges posed and how to meet them.

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