A Therapeutic Jurisprudence Approach to the Trial Process in Domestic Violence Felony Trials

Abstract

This article presents a therapeutic jurisprudence approach to the prosecution of domestic violence–related felony trials. After demonstrating how the current trial process has antitherapeutic effects on victims, the article sets forth a series of recommendations for prosecutors in using a client-centered model during the trial process. These recommendations include the following: anticipating defenses in domestic violence cases, having positive pre-trial interactions with victims to empower them through the process, using pretrial motions to limit negative victim character evidence and introduce evidence about the defendant’s prior abuse, and the importance of allowing victims to contextualize the violence in their testimony during trial.