The Importance of Screening Friend of the Court Cases for Domestic Abuse

No Friend of the Court office (FOC) can adequately anticipate when violent acts will occur. However, identifying domestic abuse early in a case allows the FOC to take proper precautions to promote the safety of the parties, their children, and court personnel. In addition, identifying domestic abuse early in a case allows the FOC to gather information about the parties’ circumstances that is needed to provide a sound factual basis for judges and referees who must issue orders governing the parties.  

How common is domestic abuse in the state of Michigan? According to the Michigan Incident Crime Reporting (MICR) statistics for 2009 (the most recent year with completed data), there were 103,331 offenses of domestic abuse reported to law enforcement.
One hundred twenty-five of these incidents resulted in a victim fatality, and in 35,097 incidents, minor injuries were reported. Women between the ages of 20 and 29 represented the largest group of domestic abuse victims. The most common relationships of the victims to their attacker were: dating, former dating, or spouse. For more information, see a 2015 domestic violence report.

What steps can FOC staff take to protect themselves, parties, and others? The following are recommendations for properly screening cases for domestic abuse:

• When the FOC opens a new case, an FOC employee should do one or more of the following:

§  Search databases such as ICHAT, VINE, or Judicial Data Warehouse for incidents of domestic abuse. 

§  Check for criminal and civil records within the court’s own jurisdiction.

§  Review pleadings for allegations of domestic abuse.

• Screening questionnaires: In addition to the database searches, FOC staff should conduct written or oral screening of both parties at the beginning of the domestic relations case and before any meeting or hearing where both parties could be present. Screening should be done separately with each party to avoid situations where one intimidates the other in order to influence what is (or is not) disclosed. The State Court Administrative Office (SCAO) has developed a screening document.
• A longer version of the domestic abuse screening document is also available.

If domestic abuse is identified in an FOC case, the office should take the following steps:

• Minimize contact between the parties: Ensure the parties have as little contact with one another before, during, or after any meeting or hearing.
• Inform relevant court personnel: FOC staff that may have contact with the parties should be informed of the domestic abuse concerns. 
• Courts should provide ongoing information about court practices and procedures to both parties. 

Note: When an abused individual understands the nature and planning of the court’s actions, safety planning is more attainable. 

• Have extra security present when the parties appear for a meeting or hearing.
• Keep abused parties’ addresses confidential. 
• Have domestic abuse information available (e.g., domestic abuse shelter and agency contact information and brochures in the lobby). Note: A cooperative working relationship with a domestic abuse service agency can also provide the FOC with a valuable resource with expertise beyond that normally found among court personnel.
• Explain to both parties that custody investigations will address domestic abuse as well as other issues regarding the relationship between the parties.
• Recommend specific parenting time. This will prevent abusers from making unreasonable demands for parenting time.
• Select appropriate parenting time enforcement procedures that will protect both parties and the child.
• Explain to both parties that child support reviews for FOC cases with state assistance are mandatory and not the result of one parent’s request. 
• Initiate child support enforcement based on MiCSES reports and not solely at the request of the child support payee.
• Some domestic abuse victims may choose to participate in an alternative dispute resolution (ADR) process. ADR should not take place unless it is truly the choice of the domestic abuse victim, and in a way that protects court staff. Also, parties should not be required to participate in ADR together if there is a personal protection order in place.

If domestic abuse is an issue in the case, the FOC can proceed with an FOC ADR process, but it is highly recommended that the office secures the informed consent of the victim, and have separate arrival and departure times for the parties. In addition the FOC should do one of the following:

·       Have the attorney for the victim present during the FOC ADR session; or,

·       Have the parties in separate meeting rooms, or conduct the ADR session by telephone.

Domestic abuse occurs in all social groups without regard to the parties’ racial, ethnic, economic, religious, educational, professional, or social backgrounds. It is critical for FOC staff to take the necessary steps to properly screen domestic relations cases and structure office processes that will provide for the safety of all those involved.

For more information, contact Tim Cole at (517) 373-5975.