Justice metamorphosis: Moving from reactive to proactive strategies to remotely protect families from intimate partner violence

The pandemic accelerated the adoption of remote access to courts through e-filing and virtual hearings. Concurrently, courts experienced an increase in intimate partner violence cases due in part to heightened stress during the pandemic. Virtual technology became crucial for individuals seeking relief from harm when traditional support systems were limited. However, remote proceedings lack the personal connection found in-person, making it challenging to handle complex cases involving parenting and intimate partner violence. Courts must strike a balance between protecting parents and children from abuse and ensuring due process and appropriate parenting time for the accused party. Some courts have considered the user experience in intimate partner violence and parenting cases, but as remote justice become the norm, it is essential for all courts to evaluate and refine the tools, policies, and procedures put in place during the emergency response to the pandemic to be more proactive in supporting court users. State courts in Kansas, North Carolina, and Arizona are cited as examples for efforts to enhance remote justice efficiency and quality in these cases involving intimate partner violence and parenting. Further research is recommended to explore the challenges and possibilities of using virtual technology in these situations. Virtual technology holds great promise for parents seeking protection from harm, but the form requires more than just translation to on-screen presence.Consideration of procedural justice and the user experience is needed to render quality justice.Jurisdictions using virtual technology for parents and partners came together to identify effective practices during Critical Conversations in 2022.Three states present examples of effective practices. Kansas implemented a virtual e-filing/portal system in consultation with community partners. Arizona worked with local shelters to enable parties and their minor children to file for protection orders from safe locations. North Carolina is working with the University of North Carolina-Chapel Hill to evaluate the impact of e-filing on persons experiencing harm.

Automated summary

The pandemic accelerated remote access to courts through e-filing and virtual hearings, but the lack of personal connection in remote proceedings poses challenges in handling complex cases involving parenting and intimate partner violence. Courts must strike a balance between protection and due process. It is important for all courts to evaluate and refine their tools, policies, and procedures to better support court users. Examples from Kansas, North Carolina, and Arizona show efforts to enhance remote justice efficiency and quality in these cases.