Defense Initiated Victim Outreach (DIVO) Practice

Defense-Initiated Victim Outreach (DIVO) seeks to address the needs of victims and their families throughout the legal process by providing a link between survivors and the defense.

Defense attorneys who represent the accused in criminal cases increasingly are recognizing the potential of the adversarial process to further traumatize victims/survivors. In an attempt to ameliorate this source of trauma and help meet victim needs, defense attorneys seek the assistance of trained victim outreach specialists to bridge the gap that usually exists between victims and the defense team. Victim outreach specialists provide an opportunity for victims to have access to the defense team, which historically has not been available. This allows for victims to have interaction with both prosecution and defense teams in order to address their questions, concerns, and needs.

The mission of the DIVO specialist is to help victims/survivors identify and meet those needs that can be addressed through direct or indirect contact with the defense team. The outreach specialist works on behalf of victims at the request of the defense team, serving as a liaison who advocates for victims’ interests and concerns. Responding to victim concerns, the role may include, via the defense team, encouragement for the defendant to take responsibility.

The victim outreach specialist is considered an expert, as distinguished from a “core” member of the defense team. Outreach specialists must maintain the trust of victims/survivors, consistent with their wishes. They must be accountable to the defense team, but their focus is on victims’ needs and concerns.

It is essential that the outreach specialist be appropriately trained in victim trauma and how to work with victims; in judicial processes; in the specific tasks, responsibilities, and limits of the role; and in the principles of restorative justice on which this work is based.

Key Restorative Justice Principles Underlying DIVO

Justice must address harms and resulting needs of victims;
Those who offend have an obligation to those they have harmed;
Those involved in and impacted by crime should be involved as much as possible in outcomes;
Collaborative outcomes are preferred over imposed outcomes;
As much as possible, processes should be tailored to the needs, cultures, traditions, and gender of the people involved; and
Justice should balance concern for victims and for offenders.