The Law in Personal Relationships: Understanding Judicial Decision Making in Domestic Violence Cases In the 1970s and 80s the feminist and battered women’s movement transformed public perception of domestic violence from a private family matter to a crime

In the 1970s and 80s the feminist and battered womenÕs movement transformed public perception of domestic violence from a private family matter to a crime punishable by legal sanctions. Consequently, many states passed laws criminalizing domestic violence. In turn, domestic violence cases filled criminal court dockets around the country. Suddenly, judges played a major role in implementing and interpreting domestic violence laws. Additionally, judges exercised considerable latitude when ruling on sentencing, restraining orders, and child custody issues. Despite judgesÕ central role in domestic violence cases, the canon of literature on domestic violence has paid very little attention to understanding how judges actually interpret and ultimately decide cases. To better understand the judicial decision making process in domestic violence cases, I have been invited by the First Justice, David Weingarten, to observe court proceedings and judicial conferences at the Roxbury District Court in Boston, Massachusetts. By employing ethnographic research methods, I will investigate the legal reasoning judges use when adjudicating domestic violence cases. Domestic violence cases are defined by the unique relationship between the victim and the defendant. Consequently, the cases present a multitude of personal factors that may complicate the facts or the application of the law. I am seeking to understand how, if at all, judges consider the personal dimensions of domestic violence when ruling on these cases. Because of these uniquely personal factorsÑ such as child custody issues and mutual dependence on a sole income, do judges handle domestic violence cases differently than other criminal cases? Through a more comprehensive understanding of the judicial decision making process, I hope to learn more about the efficacy of domestic violence laws at protecting victims, reducing recidivism, and protecting the Constitutional rights of the accused. Shortly after the criminalization of domestic violence, an influx of feminist literature emerged citing judges as the most significant obstacle to the successful implementation of these laws. Confronting Domestic Violence: A Guide for Criminal Justice Agencies found that many judges were resistant to implementing the new laws as they viewed domestic violence as a private matter or Òa family affair.Ó Consistent with the notion that domestic violence was simply the product of a dysfunctional relationship, many judges avoided sentencing the defendant to jail time and instead ordered marital counseling for the victim and defendant. In 1984, The Minneapolis Domestic Violence Experiment changed the public perceptions of domestic violence from Òa family problem amenable to mediation and …