Domestic Violence Treatment Options Court (DVTOC)

Brief Description

The Domestic Violence Court (DVC) is a therapeutic court that addresses domestic violence and offers the Domestic Violence Treatment Option Court (DVTOC). The DVTOC allows those who are willing to take responsibility for their actions, who elect to plead guilty, and who will receive a sentence that does not include jail time, to complete a counselling program for domestic violence and address any substance abuse problems they may have. Individuals are not sentenced until after they have had a chance to complete the DVTOC program, and if they meet the requirements of the DVTOC program, individuals will receive a reduced sentence. Participation is voluntary, and individuals have the right to plead not guilty or to choose not to participate in the DVTOC program. Individuals who do not participate in the DVTOC program will proceed as they would through the regular court system.

Goals

The main goals of the DVTOC program are to:

• Provide individuals with information and tools to reduce future incidents or escalation of domestic violence in their relationships;
• Addresses high rates of domestic violence; and
• Help break the cycle of domestic violence.

Clientele

Participation in the DVTOC program is open to all adult accused who are charged with domestic violence and are referred, by the Crown, to the DVTOC program. Participants must acknowledge responsibility for their actions by entering a guilty plea and their participation must not pose a risk to public safety. Approximately one-third of those who are charged with domestic violence will not be referred to the DVC because the violence involved is too repetitive and extreme, and the Crown will be seeking a significant jail term.

The following are some of the criteria considered by the Crown when determining eligibility:

• the severity of the offence;
• past compliance or non-compliance with Court orders;
• past compliance with Corrections Public Safety and Policing; and
• obvious factors that would result in a negative assessment.

The following are some of the criteria considered by Probation Services during an assessment:

• acceptance of responsibility by the accused;
• the ability of the accused to attend weekly treatment sessions for several months;
• no other charges pending that involve violence;
• programming the accused has participated in previously;
• language and other barriers; and
• severe substance abuse, psychiatric or psychological issues that would prevent participation in the program

Core Components

The DVTOC program is voluntary. To participate, individuals must:

• accept responsibility for the offence by signing an agreed statement of facts and enter a guilty plea (An opportunity to contact a lawyer before choosing how to deal with the charges);
• meet with Probation Services to participate in a suitability assessment process, and make sure the DVTOC program is going to work for you (after pleading guilty, the case will be adjourned for approximately 6 weeks to allow for this);
• waive the right to immediate sentencing and agree to abide by the terms of the program;
• agree to attend an approved treatment program, and complete domestic violence and, if needed, substance abuse programming;
• attend approximately 20 weekly sessions (generally 2 to 2 ½ hours in length), however, these vary depending on the Court, Program and offender;
• agree to participate and abide by group rules and expectations;
• report back to the court as directed;
• agree that the victim can receive information about the offender’s attendance and general involvement in the program;
• meet the requirements of the DVTOC program.

Successful completion of treatment will be reflected in sentencing. Participants who fail to follow the treatment program will be sentenced by the court accordingly.

Implementation Information

Some of the critical elements for the implementation of this program or initiative include the following:

• Organizational requirements: Collaboration of departments and community organizations is crucial for effective implementation of the DVTOC program. The Crown and defence must also both agree to the participation of the accused in the program.
• Partnerships: Partnership between Saskatchewan Courts, Probation, Prosecutions, Legal Aid, and RCMP is necessary for effective program implementation. 
• Training and technical assistance: Programs are administered by trained staff within the varied organizations and suitability assessments are done by staff.
• Risk assessment tools: Staff that are certified to use the Ontario Domestic Assault Risk Assessment (ODARA) will complete the assessment with domestic violence victims whenever possible in conjunction with safety planning.
• Materials & resources: DVTOC workers and other staff will need to facilitate the program.

International Endorsements

The most recognized classification systems of evidence-based crime prevention programs have classified this program or initiative as follows:

• Blueprints for Healthy Youth Development: Not applicable.
• Crime Solutions/OJJDP Model Program Guide: Not applicable.
• SAMHSA's National Registry of Evidence-based Programs and Practices: Not applicable.
• Coalition for Evidence-Based Policy: Not applicable.

Gathering Canadian Knowledge

Canadian Implementation Sites

The Government of Saskatchewan implemented three Domestic Violence Courts (DVC) in Saskatchewan: the Battlefords DVTOC in North Battleford (2003), the Saskatoon DVC (2005), and the Regina DVC (2008). The collaboration between the justice and health sectors and community health agencies led to the implementation of these programs.

Main Findings from Canadian Outcome Evaluation Studies

No information available.

Cost Information

Saskatchewan Victims Services provided $810,064 in 2023-24 for DVC programs that served 3123 clients.

References

Victims Services Branch. (2017). Domestic Violence Safety Planning Guide. Ministry of Justice. https://publications.saskatchewan.ca/#/products/87853

For more information on this program, contact:

Ministry of Justice

Community Safety and Well-Being

Victims Services

610-1874 Scarth St

Regina, SK S4P 4B3

Telephone: 1-888-286-6664

Email: Dwight.Lawrence@gov.sk.ca

Website: http://www.sasklawcourts.ca/index.php/home/provincial-court/adult-criminal-court/domestic-court