"I wonder if we should even be doing it at all": an exploratory study of Family Violence Restorative Justice in cases of intimate partner violence

Abstract

The introduction of Restorative Justice as an adjunct to the criminal justice system is often seen as a progressive step, but its extension to cases of intimate partner violence is more controversial. Internationally, feminist academics have presented concerns related to the use of power and control within violent relationships, and how the dynamics of such relationships are inevitably re-enacted within Restorative Justice processes, potentially endangering women and denying them justice. This study was conducted in New Zealand to explore key informants’ perspectives of the use of Restorative Justice in cases of intimate partner violence. Semi-structured interviews were used to canvas women’s safety before, during, and after a Family Violence Restorative Justice conference.

The findings of this research mirror international arguments against the use of Restorative Justice in cases of intimate partner violence. Concerns were largely related to the psychological harm an abusive relationship imposes on women, and how this restricts a woman’s ability to be an active participant in a conference. Most of my key informants had significant concerns about the way Family Violence Restorative Justice is currently practiced and expressed serious doubts about whether this initiative should be continued.