Domestic Violence Court

A stakeholders meeting began in 2016, with then Judge Jon Jensen chairing the initial meeting. The initial planning team consisted of judges, state’s attorneys, public defense attorneys, Community Violence Intervention Center (CVIC) staff, the Clerk of Court and court administration.  A working group was formed and Senate Bill 2309 was introduced and passed; then signed into law during the Sixty-Fifth North Dakota Legislative Assembly.  This legislation created N.D.C.C. 14-07.1-08.1 which established the construct for the creation of a domestic violence court.  The overarching goals for a domestic violence court are to improve victim safety and better accountability. 

The Domestic Violence Court (DVC) Mission:

Domestic Violence Court seeks to increase offender accountability with court orders, to enhance victim safety, to reduce recidivism, and to improve the administration of justice in domestic violence cases. 


About Domestic Violence Court

START DATES

  • Ordering: June 7, 2018
  • Court: August 15, 2018

JUDGES

  • Judge Jason McCarthy
  • Judge Jay Knudson

MODEL

  • Post-Conviction

WHEN

  • Wednesdays at 1:30 pm
  • DVC judge criminal calendar

CASES

  1. Criminal offenses
  2. Intimate partner domestic violence
  3. Adult defendants
  4. Defendants ordered to complete domestic violence offender treatment

WHAT’S NEW?

POST-SENTENCE REVIEW HEARINGS: Offenders will be required to attend periodic post-sentence review hearings to assess compliance with court orders.

PARTICIPANT ORIENTATION: Offenders will be required to attend a Domestic Violence Court Participant Orientation within two weeks of sentencing or release.

PARTICIPANT HANDBOOK: Offenders will be required to track their progress with court orders using a Participant Handbook.

SUSPENDED FINE: The Court could impose, but could also suspend, a $500 fine contingent on completing domestic violence offender treatment.

PROJECT COORDINATOR: A project coordinator will oversee information-sharing, offender compliance tracking and participant orientation.

Max Kollman
Domestic Violence Court Project Coordinator
Community Violence Intervention Center
(701) 746-0405
max@cviconline.org


 Program goals

The concept envisioned for this court embodies these goals and follows the intent of the enabling legislation.  The court will focus on misdemeanor/felony criminal offenses involving adult defendants involved in an intimate relationship.  The court model will be guided by the following generally accepted core values and principles.

  1. Encourage informed judicial decision-making based upon comprehensive and current information.
  2. Ensure a consistent justice system response and judicial leadership by having a designated DVC judge.
  3. Improve victim safety by frontloading services and increasing communication.
  4. Increase offender accountability by ensuring ongoing compliance monitoring.
  5. Improve the community’s response to domestic violence by linking the court with criminal justice system stakeholders such as probation, the state’s attorney, the defense bar, community-based social services, and domestic violence advocacy groups.
  6. Focus on continued training and education for DVC team members.

Orientation:

DVC participants must:

  • Complete orientation within 2 weeks of sentencing/release
  • Meet with the project coordinator to go over the overview of DVC
  • Sign all Releases of Information
  • Receive Participant Handbook
  • Review Criminal Judgment

 Program Goals

To participate in the DVC you must follow all provisions of your court order which may include community service, mental health evaluation/treatment, employment, domestic violence offender treatment, chemical dependency evaluation/treatment and attending review hearings as ordered.

The advantages of this model are:

  • Fewer Order to Show Cause hearings
  • No significant changes to pre-trial procedure
  • Increased program/treatment compliance
  • Decreased incarceration
  • Reduced recidivism
  • $500 imposed but suspended fine

DVC is held on Wednesday’s at 1:30 pm with Judge Jason McCarthy or Judge Jay Knudson presiding over the calendar.

The first Domestic Violence Court held its first review hearing on August 15, 2018, with Judge Jason McCarthy presiding.