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Ohio Northern University Law Review 
Volume 41 Issue 3 Article 11 
Family Intervention Court Program: A Therapeutic Alternative 
Kathryn Michael 
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Michael, Kathryn () "Family Intervention Court Program: A Therapeutic Alternative," Ohio Northern 
University Law Review: Vol. 41: Iss. 3, Article 11. 
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791 
Family Intervention Court Program: A Therapeutic Alternative 
JUDGE KATHRYN MICHAEL* 
I. INTRODUCTION 
Domestic violence is a legal issue.  Once brought to the attention of 
police, a domestic violence case in handled in the court system like any 
other criminal case.  There is nothing unfamiliar about the process that a 
domestic violence case takes on a regular docket of the court system, but 
domestic violence is different from other charges in some very significant 
ways. 
Domestic violence is also a social issue, an employment issue, and a 
family issue.  It knows no boundaries in terms of race, gender, 
socioeconomic status, religion, nationality, or sexual orientation.  It is a 
subject that is often kept secret as a personal family matter, and, generally, 
it repeats its pattern over generations.  Domestic violence affects every 
aspect of the lives of family members involved, either as victims, offenders, 
or observers of violence. 
The cycle of violence and the intimate nature of the crime, which is 
hallmark to this kind of offense, make it difficult to prosecute these types of 
cases.  Family dynamics complicate the discovery of “fair” resolutions in 
regular court proceedings.  In a regular court proceeding, persons convicted 
of domestic violence are sentenced according to what is perceived as a just 
“punishment” for committing the offense rather than attempting to 
determine what might prevent future violence and addressing the underlying 
causes of the offense. 
The Family Intervention Court Program at the Akron Municipal Court 
takes a different approach.  This therapeutic alternative to the traditional 
court process is designed to address the thinking, behavior, and actions of 
the offender who commits acts of violence against an intimate partner or 
other household member, and provides comprehensive treatment services to 
address the underlying issues that led to the violent offense. 
II. DOMESTIC VIOLENCE IN OHIO 
Ohio has codified certain crimes as “domestic violence offenses” when 
they are perpetrated against family, household members, or intimate 
 
* Akron Municipal Court, Presiding Judge, Family Intervention Court Program. 
1
Michael: Family Intervention Court Program: A Therapeutic Alternative
Published by DigitalCommons@ONU,
792 OHIO NORTHERN UNIVERSITY LAW REVIEW [Vol. 41 
 
partners.1  The most common of such crimes are assault, sexual assault, 
rape, stalking, and violation of a protection order.  Many domestic violence 
charges are misdemeanor offenses.2  However, the Ohio Revised Code 
enhances the level of the offense—and the maximum penalties associated 
with domestic violence and violation of protection order charges—when the 
offender has been previously convicted of a domestic violence or violation 
of a protection order offense.3  Early intervention in families where 
domestic violence is an issue occurs at the municipal court level in Ohio, 
even though the effects of such violence can have a profound effect on the 
lives of those involved.  This is where the best chance for early intervention 
and future prevention exists. 
In 2012, the Ohio Attorney General gathered statistics for all domestic 
violence 911 calls when domestic violence charges were filed.4  In 2012, 
41,053 domestic violence-related cases were filed in Ohio.5  In Summit 
County, Ohio alone, 3,544 domestic violence or domestic violence-related 
incident reports were filed in 2012.6  Akron Police Department, the largest 
police department in the Akron Municipal Court district, filed domestic 
violence charges in 622 of Summit County’s 3,544 calls for service on 
domestic-related incidents.7  No charges were filed in 2,105 of these calls.8  
As depicted in Figure 1, the victims of these calls were: Wife (16.72%), 
Husband (4.91%), Parent (13.06%), Non-spouse with children (14.69%), 
Child (8.21%), Other Family Member (13.67%), Former Spouse (2.33%), 
Live-in partner (19.00%), and Other (7.41%).9 
 
 1. See OHIO REV. CODE ANN. § 2919.25 (LexisNexis 2015).  This section codifies domestic 
violence offenses as well as other offenses against family or household members. 
 2. See id. at (D)(2). 
 3. Section 2919.25(D)(3) of the Ohio Revised Code enhances a domestic violence charge to a 
felony of the fourth degree if the offender charged has a prior conviction for domestic violence. Id. at 
(D)(3).  Further, section 2919.25(D)(4) of the Ohio Revised Code elevates the offense to a felony of the 
third degree with mandatory prison sentence, if the offender knew that the victim was pregnant at the 
time of the offense. Id. at (D)(4). 
 4. See OHIO ATTORNEY GEN., DOMESTIC VIOLENCE REPORT: DOMESTIC VIOLENCE INCIDENTS 
BY COUNTY AND AGENCY (Feb. 1, 2013), available at http://www.ohioattorneygeneral.gov/Law-
Enforcement/Services-for-Law-Enforcement/Domestic-Violence-Reports/Domestic-Violence-Reports-
2012/2012-Domestic-Violence-Incidents-by-County-and-Age. 
 5. Id. at 76. 
 6. Id. at 66. 
 7. Id. at 64. 
 8. Id. at 66. 
 9. OHIO ATTORNEY GEN., DOMESTIC VIOLENCE REPORT: VICTIMS SUMMARY REPORT (Feb. 1, 
2013), available at http://www.ohioattorneygeneral.gov/Law-Enforcement/Services-for-Law-Enforceme 
nt/Domestic-Violence-Reports/Domestic-Violence-Reports-2012/2012-Victims-Total-Percentage-
(PDF). 
2
Ohio Northern University Law Review, Vol. 41 [], Iss. 3, Art. 11
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2015] A THERAPEUTIC ALTERNATIVE 793 
 
Figure 1. 
 
 
Moreover, in cases filed by the Akron Police Department in 2012, 345 
involved African American victims, 267 Caucasian victims, 6 Asian 
victims, 1 Hispanic victim, 1 Native American victim, and 2 other ethnicity 
victims.10 
III. THE CYCLE OF DOMESTIC VIOLENCE 
However compelling the statistics, they are not the only reason courts 
need to focus on domestic violence.  Lenore Walker discussed the Cycle of 
Violence in 1979, with a very simple three-step chart that is still applicable 
to intimate violence today.11  The concept is not new, but this cycle of 
violence, which typically increases in severity with each cycle, effects every 
aspect of a traditional domestic violence prosecution.  As depicted in Figure 
2, the cycle generally occurs as follows: 
 
 10. OHIO ATTORNEY GEN., DOMESTIC VIOLENCE REPORT: ETHNICITY OF VICTIMS 557-58 (Feb. 
1, 2013), available at http://www.ohioattorneygeneral.gov/Law-Enforcement/Services-for-Law-Enforce 
ment/Do mestic-Violence-Reports/Domestic-Violence-Reports-2012/2012-Ethnicity-of-Victims-(PDF). 
 11. See LENORE E. WALKER, THE BATTERED WOMAN 65-70 (Harper & Row, 1979). 
Husband
4.91%
Parent
13.06%
Non-spouse w/ 
child
14.69%
Child
8.21%
Other Family 
Member
13.67%
Former Spouse
2.33%
Live-in partner
19%
Wife
16.72%
Demographics
3
Michael: Family Intervention Court Program: A Therapeutic Alternative
Published by DigitalCommons@ONU,
794 OHIO NORTHERN UNIVERSITY LAW REVIEW [Vol. 41 
 
1. A violent incident occurs, and a domestic violence 
charge may be filed.  Sometimes, families are involved 
in a cycle of violence without any violent incident 
being officially reported to the police. 
2. The Honeymoon period is where the offender 
apologizes for the abuse, promises it will never happen 
again, and the victim may deny that the violence even 
took place.  This is a calm period of time where abuse 
does not occur. 
3. Then the tension starts building again towards another 
violent incident.  The offender begins to get angry, 
abuse may begin, there is a breakdown of 
communication, tension builds, and the victim feels like 
he or she is “walking on eggshells.” 
4. Violence occurs again, sometimes escalating in 
severity, and the cycle begins again.12 
Figure 2. 
 
 
Most prosecutions for domestic violence occur in the Honeymoon 
period, making traditional prosecution difficult due to the complicated and 
intimate nature of the relationship between the parties involved.  Often, 
victims are reluctant to appear as a witness to prosecute the offender during 
this phase.  At this point, an offender and a victim have a co-dependent 
 
 12. Id. 
Violent 
Incident/Domestic 
Violence Charge
Honeymoon
Tension Building
4
Ohio Northern University Law Review, Vol. 41 [], Iss. 3, Art. 11
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2015] A THERAPEUTIC ALTERNATIVE 795 
 
relationship, and both offender and victim find it difficult to leave the 
relationship.13  Most outsiders have difficulty understanding this cycle and 
why a domestic violence victim would choose to stay in the relationship.  
Strong emotional and psychological forces keep the victim tied to the 
abuser.  Sometimes situational realities, such as lack of money, keep the 
victim from leaving.  The reasons for staying vary from one victim to the 
next.14 
IV. AKRON MUNICIPAL COURT’S FAMILY INTERVENTION COURT PROGRAM 
On the regular court docket, a domestic violence case would typically 
conclude before the cycle starts tension-building towards the next violent 
incident.  Specialty dockets for domestic violence cases, like the Akron 
Municipal Court’s Family Intervention Court Program, address this issue by 
setting program parameters that require participation over a prolonged 
period of time, usually a minimum of one year. 
  There are two reasons why domestic violence should be prioritized in 
efforts to reform courts in dealing with this crime.  First, “domestic 
violence is rarely a one-time event, and without effective intervention, it 
typically increases in frequency, and severity over time.”15  Courts are well 
positioned to offer immediate, strong, and enforceable responses to violence 
that may make it less likely that further violence will occur.  Second, 
children are often harmed by adults who are battering other adults, and are 
affected by the violence being directed only at another adult in the family.16  
Without the kind of rapid and comprehensive intervention that domestic 
violence specialty courts can provide, there is little hope of changing the 
cycle of violence and stopping intergenerational violence. 
While there are some similarities between specialty drug courts and 
domestic violence specialty courts, there are also some important 
distinctions to be made.17  According to Julia Weber, “[b]oth specialty 
courts represent judicial innovations designed to better respond to 
significant individual and community problems.”18  Both use a “team 
approach” involving the judge, prosecutor, defense counsel, treatment or 
 
 13. See id. 
 14. See id. at 11. 
 15. Deborah Epstein, Effective Intervention in Domestic Violence Cases: Rethinking the Roles of 
Prosecutors, Judges, and the Court System, 11 YALE J.L. & FEMINISM 3, 7 (1999). 
 16. See id. at 8. 
 17. See Julia Weber, Domestic Violence Courts: Components and Considerations, 2 J. CTR. FOR 
FAMILIES, CHILD. & CT.’S 23, 24-25 (2000), available at http://www.courts.ca.gov/documents/023weber 
.pdf. 
 18. Id. at 24 (footnote omitted). 
5
Michael: Family Intervention Court Program: A Therapeutic Alternative
Published by DigitalCommons@ONU,
796 OHIO NORTHERN UNIVERSITY LAW REVIEW [Vol. 41 
 
intervention provider, and probation or correctional personnel.19  However, 
domestic violence specialty courts have unique considerations that must be 
taken into account in addressing intimate partner abuse and violence: 
[I]n domestic violence matters, unlike most drug court 
cases, the court must contend with both a victim and a 
perpetrator and, frequently, their children.  Knowing this, 
the judge has the challenge of fashioning a response that 
holds the perpetrator accountable while simultaneously 
enhancing the victim’s safety, since the litigants may be 
dependent upon each other for financial support or have 
reason to be in contact in the future.  Treatment programs 
that address a range of issues are often considered 
appropriate in drug court and in domestic violence court.  
However, if a domestic violence court utilizes interventions 
that focus on treatment at the expense of accountability, it is 
possible that the dangerousness associated with domestic 
violence will be minimized.20 
The Akron Municipal Court’s Family Intervention Court Program is 
able to address both victim safety and offender accountability by providing 
effective supervision and comprehensive treatment services to those 
offenders who enter a plea of guilty to a misdemeanor domestic violence 
charge.  An intensive intervention strategy is used, which includes 
completion of a twenty-six week batterer’s intervention program, random or 
daily drug and/or alcohol testing, regularly scheduled case management 
sessions, at least one year of probation, and other treatment tailored to the 
offender that the Family Intervention Court Program team may determine.  
Failing to comply with program requirements can result in sanctions being 
imposed on the offender—up to and including termination from the 
program.  Typically, non-compliance results in progressive sanctions 
designed to encourage compliance.  This might entail community service 
work, electronically monitored house arrest, or jail time.  Likewise, when 
offenders are compliant with programming, they are rewarded in open 
court, with praise from the judge. 
The Family Intervention Court Program at the Akron Municipal Court 
screened five hundred and sixty-five offenders for the program in 2012.  Of 
those screened, one hundred and eighty-three were found to be eligible for 
the program.  Sixty of the eligible offenders agreed to enter the program.  
 
 19. Id. (citing David Rottman & Pamela Casey, Therapeutic Jurisprudence and the Emergence of 
Problem-Solving Courts, 240 NAT’L INST. JUST. J. 12, 15 (July 1999)). 
 20. Id. 
6
Ohio Northern University Law Review, Vol. 41 [], Iss. 3, Art. 11
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2015] A THERAPEUTIC ALTERNATIVE 797 
 
The program included sixty-seven active Family Intervention Court 
Program participants at the end of 2012.  This number included participants 
that remained in the program from 2011.  There were sixty-four participants 
that successfully completed the program in 2012, and only five of those 
participants that successfully completed the program in 2012 have re-
offended with a new domestic violence charge. 
The Family Intervention Court Program is an integrative, therapeutic 
alternative to traditional court practices that fosters partnerships with local 
community-based agencies.  These partnerships are reflected in the make-up 
of the Family Intervention Court program team members, who are: Judge 
Kathryn Michael, Judy Wallace as Program Manager, case managers from 
Oriana House, Inc., a victim’s advocate from The Battered Women’s 
Shelter, a representative from Summit Psychological Associates, Inc., 
domestic violence investigators, Marcus Miller and Sharon Price from the 
Akron Police Department, Akron City Prosecutor Elisa Hill, and Joseph 
Kodish from the Summit County Public Defender’s Office.  By using an 
integrative strategy program for treatment, the aim is to reduce domestic 
violence and the risk that the offender poses to the safety of his or her 
victim, their family, to themselves, and to the community.21 
 
 21. For more information about the Akron Municipal Court Family Intervention Court Program, 
please contact Judge Kathryn Michael at kmichael@akronohio.gov or Program Manager Judy Wallace 
at jwallace@akronohio.gov. 
7
Michael: Family Intervention Court Program: A Therapeutic Alternative
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