While great strides have been made in recent years to strengthen laws and educate judges on how to address domestic violence cases effectively, there is still work to be done. The judge sets the tone in the courtroom and makes the most critical decisions affecting the lives of the victim, perpetrator, and children. The Family Violence Prevention Fund's Judicial Education Project seeks to enhance the safety of battered women and their children and hold batterers accountable for their conduct by educating judges on how their decisions can play a critical role in preventing domestic violence injuries and deaths. Judges should not underestimate their ability to influence the defendant's behavior. Even a stern admonishment from the bench can help to deter the defendant from future violence.
Judges are the ultimate legal authority in the criminal justice system.
If they fail to handle family violence cases with the appropriate judicial concern, the crime is trivialized and the victim receives no real protection or justice. As a result of enhanced law enforcement and prosecutorial response to domestic violence during the past 15 years, courts throughout the country have witnessed dramatic increases in the number of criminal domestic violence cases brought before them. Legislative changes in virtually every state clearly define domestic violence as a crime for which victims must have access to the justice system. In addition, most states' statutes permit probable cause misdemeanor arrest without a warrant in domestic violence cases under specified conditions. These and other changes were prompted by studies that showed that arrest is a more effective deterrent in domestic violence cases than mediation or other arrest alternatives.