Restorative Justice for Domestic Violence Crimes: Decision-Making Processes in a Pilot Program Implementation

Background and Purpose: Restorative Justice (RJ) is a set of practices to repair harm, give voice to those harmed, and hold those who caused harm accountable for their behaviors. Despite growing interest in applying RJ to address domestic violence (DV) crimes, research is lacking on the decision-making process for implementing RJ programs for DV. For successful implementation, it is crucial to understand the barriers to and facilitators in choosing an RJ approach as an alternative to existing programs. Guided by prospect theory, we explored stakeholders’ experiences and perspectives about the decision-making process to adapt and implement a pilot program of the Circles of Peace model, an RJ peacemaking circle approach, in their jurisdiction as an alternative DV intervention program.

Methods: This qualitative study used purposeful sampling. A local justice center in the northeast United States identified stakeholders who participated in the decision-making process of choosing, adapting, and implementing the Circles of Peace pilot program. Eight stakeholders were selected, including the criminal legal system, treatment provider personnel, victim advocates, and policymakers. Multiple semi-structured interviews with the stakeholders were conducted; interviews were audio-recorded and transcribed. Thematic analysis was used to analyze their narratives. Two researchers coded independently using Atlas.ti; the entire research team iteratively reviewed the themes and subthemes with codes and quotes and connected the key findings with existing literature.

Results: Three major themes emerged: (1) Drivers: Factors leading stakeholders to seek alternative approaches to address DV; (2) Barriers: Challenges arising in the decision-making process; and (3) Facilitators: Helpful components in the decision-making process. Stakeholders’ frustration with the criminal legal system’s responses and their willingness to explore alternative methods to address DV crimes were found to be critical driving factors. Structural barriers (e.g., state standards, certification requirements) and lack of prior knowledge of RJ and Circles of Peace among stakeholders emerged as significant challenges. The stakeholders’ narratives cast doubt on applying RJ to DV due to victim safety and offender accountability concerns. This resistance can be explained by prospect theory, which underscores people’s tendency to respond more sensitively to potential loss than to potential gain. As for the facilitators, education based on rigorous research evidence appears to affect the participants’ evaluation process, one of the crucial stages in decision-making based on prospect theory. Reliable information about the effectiveness of an RJ program applied to DV seems to enable individuals to envision potential beneficial outcomes, which leads them to become inclined toward choosing RJ as an alternative. The participants’ narratives also highlight the significant role that a supportive stakeholder or champion for RJ played in the decision-making process.

Conclusions and Implications: Overall, the findings offer insights into critical factors contributing to the decision-making process of adapting and implementing an RJ program. It is important for stakeholders, including researchers, practitioners, and policymakers, to note the facilitators and barriers identified here, with specific attention to barriers at the various levels (e.g., state, organizational, and individual), as well as the crucial role of empirical research evidence as a key facilitator.