Proposal for the Family Court Accountability and Reform Act
Purpose:
This bill seeks to address the systemic failures of the Family Justice System in handling domestic abuse cases, ensuring that victims and their children are protected from further harm. It aims to hold judges and probation officers accountable for their decisions and actions, particularly in cases involving domestic violence and child support enforcement.
Findings:
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Failure to Protect Victims and Children. Family court judges frequently disregard or minimize allegations of domestic abuse, often forcing victims to co-parent with their abusers. This practice places both victims and children at continued risk of harm.
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Lack of Accountability for Judges.
Judges in family court operate with little oversight, allowing bias and disregard for victims’ safety to persist without consequence. -
Post-Separation Abuse- Abusers use legal loopholes to continue controlling and traumatizing their victims through financial, emotional, and psychological abuse. Courts often fail to recognize or address this ongoing harm.
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Child Support Enforcement Failures-
Child support orders are routinely ignored, with enforcement delegated to probation departments that lack the resources or will to take action, leaving custodial parents struggling financially. -
Inadequate Oversight of Probation Departments-
Probation officers tasked with enforcing child support and court orders frequently fail to take meaningful action, effectively allowing abusers to evade financial responsibility.
Proposed Solutions:
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Mandatory Domestic Violence Training for Judges.-
Require all family court judges to complete specialized training on domestic abuse, coercive control, and post-separation abuse before presiding over custody cases. -
Accountability Measures for Judges-
Establish an independent oversight committee to review family court rulings in domestic violence cases and investigate judges who fail to prioritize victim and child safety. -
Stronger Enforcement of Child Support Orders-
Shift child support enforcement from probation to a specialized enforcement agency with clear mandates and penalties for noncompliance. -
Victim Advocacy in Family Court-
Ensure that domestic abuse victims have access to court-appointed advocates to represent their interests and provide support throughout the legal process. -
Enhanced Legal Protections Against Post-Separation Abuse -
Expand legal definitions of abuse to include financial and psychological abuse post-separation, allowing victims to seek restraining orders or other protections against these tactics. -
Probation Reform and Accountability- Implement a review system for probation departments handling child support enforcement, requiring regular audits and disciplinary action for failure to enforce court orders.
Conclusion:
The Family Justice System must prioritize the safety and well-being of domestic abuse victims and their children. By holding judges and probation departments accountable and strengthening legal protections, this bill will help prevent further harm and ensure that the legal system works in the best interests of survivors.