Restorative justice responses are increasingly common in criminal cases, including domestic violence cases (referred to here as intra-family violence or partner violence). It can offer parties prospects of restoring trust or repairing harm through a guided conversation. However, application of restorative justice provisions in such cases is not self-evident. The dynamics of partner violence create specific challenges, particularly with regard to victim safety and voluntary participation. The use of restorative justice requires extra careful consideration. In this contribution, we exchanged views with Pascale Franck and Karolien Boonen, working at Family Justice Centres in Flanders. Besides mediation in cases of partner violence, the use of restorative justice options in cases of parental or child abuse was discussed. Preceding, issues of partner violence and violence in families and the requirements of the Istanbul Convention are highlighted. Finally, the conditions we believe should be set to apply mediation in cases of partner violence and some practical challenges are shared.

In the (international) literature not much is found on parental abuse. Nevertheless, it is not difficult to imagine that violence by children against parents can be highly disruptive to family life. We need to know more about the developmental paths and profiles in which parental abuse can manifest itself. Factors such as the children’s living situation (at home with their parents or not), cultural views on family, relatives and violence, (mental) health and previous experiences with perpetration and victimization of family members, should be taken into consideration. The way in which the violence against the parent(s) manifests itself (e.g. mainly psychological or physical or constructively from psychological to physical) should also be an important part of these development paths and profiles. When discovering different patterns of parental abuse, it may also turn out that there is not one intervention that works in every situation. This does not alter the fact that a recovery­oriented approach seems to have very favourable cards in advance, because of the attention paid to the relational aspects.

This study examines the course, challenges, and potential effects of restorative mediation after domestic violence in the Netherlands. The results suggest that a long history between the perpetrator and the victim can make mediation difficult. The challenge is of considering the needs of both victim and perpetrator, as is also important in cases that do not involve domestic violence. Victims want to ask questions, get recognition, take back control, make agreements, reduce their anxiety, and regain a sense of security. Sometimes they want an apology. Perpetrators want to tell their story, take responsibility, listen, and reassure. The potential risks associated with mediation are secondary victimisation, hidden agendas, and power relations. Provided the mediation is well prepared, these risks can be overcome. Besides risks, mediation also offers opportunities. The process ensures healthy communication, being able to express feelings, direction for the victim, insight and responsibility taken by the perpetrator, recognition, agreements, reduced anxiety, and closure.

The Dutch Eigen Kracht Centrale organizes conferences to address cases of major concerns regarding juveniles acquiring governmental intervention. In co-operation with amongst others Safe Home, cases are dealt with on a regular basis. Experience shows that a successful conference requires attention to issues such as to apply a step by step approach to share what’s going on, to create avenues to break the silence, isolation and intimidation that accompanies family violence, to acknowledge the importance of the circle’s input and to welcome the thinking along of family, friends and other acquaintances in order to provide for multiple perspectives. Moreover, welcoming collaboration amongst professionals and the informal circle is of importance to increase safety, including the transfer of information. There’s a need for bridge builders in order to find a balance in the circle, implying the need to invest in informal network, indicating a right to set up a family group recovery plan.

Restorative justice offers an alternative approach to conflict resolution where those involved are given the opportunity to take responsibility for their actions and work together toward recovery as demonstrated in this horse breeders case. The mediation enabled the spouses to share their stories, take responsibility and work together for recovery. During the mediation, the spouses agreed upon seeking professional help to support them in processing the traumatic period behind them. Both had wanted to make amends much earlier, but because it ‘wasn’t allowed’, they didn’t dare. Both are really shocked by the impact of what happened on the other and also on each other. Their experience underscores the importance of restorative justice as a valuable alternative within the criminal justice context, where the emphasis is on recognition, recovery and shared solutions.