Prior to his arraignment, the best court practice calls for an investigation by the probation officer, so that the judge may have substantiated facts before him when the case comes up. Whether this is done or not here is the time and place for the social worker who already knows the family to get his knowledge in usable fashion before the court. How best to do this varies greatly in different communities. Sometimes the social worker is permitted to talk the matter over with the judge personally, sometimes with the probation officer, clerk or other court official. Sometimes a written report is required, to be attached to the probation officer’s report. Occasionally the social worker gets no chance to be heard unless he is present to testify in open court. In the last two contingencies, care must be taken to safeguard information given in confidence, even by the deserter. Letters marked “confidential” should not ordinarily be submitted in court except by consent of the writer, as some judges hold that material so submitted becomes a matter of public record.
The approach to the court, therefore, is governed by local conditions. A very important part of co-operation in any community is to see that this channel is kept free from obstruction. In general, the probation officer should be the best friend of the other social workers, since he knows their language. Indeed, many social workers themselves combine the office of probation officer with their other duties.
After the institution of court proceedings the outside social worker has usually little chance to affect the disposition of the case. This is made by the judge on the basis of the testimony he elicits in court, and on that of any preliminary investigation he may have caused to be made. Disposition may be:
1. In rare instances, to dismiss the complaint altogether.
2. To remand for a later hearing.
3. To induce the woman
to drop her complaint and give the man
another chance.[29]
4. To place the man under court order to stay away from home and pay his wife a stated amount weekly. Custom differs in different places as to whether payment shall be direct to the wife, through the probation officer or clerk of court, or through public or private charities.
5. To order the man to return home and contribute a stated amount.