Empirical Studies of Civil Protection Orders in Intimate Violence: A Review of the Literature

Capshew, Thomas F.; McNeece, C. Aaron

doi:10.1080/10645130008951139

Cited by 6 publications

(5 citation statements)

References 9 publications

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“…It is important to note that this review builds on other reviews (e.g., Buzawa & Buzawa, 1996;Capshew & McNeece, 2000) by using research studies published from 1990 to 2005 to address the five objectives stated above. Studies were identified through two main methods: (a) computer searches of four different electronic databases including CINAHL, Psych Info, CC Search, and Medline.…”

Section: Key Points Of the Research Reviewmentioning

confidence: 99%

Protective Orders

Logan¹,

Shannon²,

Walker

et al. 2006

Trauma, Violence, & Abuse

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Current media portrayal of protective orders is often negative, focusing on weaknesses in how protective orders are obtained and enforced. This review of research findings on protective orders examines issues and suggests areas in need of future research to clarify and improve public policy. More specifically, this review has five main objectives: (a) to provide background information about partner violence and the need for protective orders; (b) to describe what protective orders are, how many women obtain them, and the advantages and disadvantages of obtaining protective orders; (c) to examine characteristics of women who seek protective orders; (d) to explore research on whether protective orders actually increase women's safety; and (e) to highlight opportunities and gaps in the practice and research literature regarding the use of protective orders for women with violent partners or ex-partners.

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Section: Key Points Of the Research Reviewmentioning

confidence: 99%

Protective Orders

Logan¹,

Shannon²,

Walker

et al. 2006

Trauma, Violence, & Abuse

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show abstract

“…Civil protection orders make violators who breach orders subject to criminal and civil penalties, including fines, contempt penalties, and criminal charges (Klein & Orloff 1992; McFarlane et al 2004; Orloff et al 2004). Broadly speaking, protection orders can require abusers to stay away from locations such as a victim's workplace, residence, or school (Capshew & McNeece 2000; Carlson et al 1999) and require the removal of weapons such as firearms from perpetrators' possession (Zeoli et al 2017). Jurisdictions vary on who qualifies for orders, the protections they offer, and the consequences abusers face if they violate the orders (Eigenberg et al 2003; U.S. Department of Justice 2002).…”

Section: Introductionmentioning

confidence: 99%

The Role of Place and Sociodemographic Characteristics on the Issuance of Temporary Civil Protection Orders

Groggel¹

2021

Law Soc Rev

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Civil protection orders are one of the most widely used legal interventions for intimate partner violence. Every American state has legislation that allows victims to seek legal remedies through protection orders such as preventing abusers from contacting them, requiring perpetrators to stay away from specific locations, and ordering removal of firearms. However, judges do not grant every petition for a protection order. This study analyzed over 1000 civil protection order cases from Nebraska to identify how factors not prescribed in the legal statute contribute to a determination of whether victims receive protection. The results suggest that victims' gender and the counties in which they file influence victims' chances of obtaining a protection order. Male victims, victims with children with their abuser, and married victims are significantly less likely to receive protection orders, even after controlling for the severity, recency, and type of abuse. Both male and female victims who file their cases in metropolitan counties are more likely to receive protection orders than their nonmetropolitan counterparts.

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“…Whilst there are articles and inspection reports which review or evaluate specific orders (Hester et al 2008, Platt 2008, Kelly et al 2013, HMICFRS, 2017, there are few which assess the overall coherence of the protection order regime, especially looking across civil and criminal processes. Moreover, articles which do address the overarching picture tend to be either non-recent (Burton 2010, Edwards 2001, Hitchings 2005, or outside the English and Welsh context (Capshaw and McNeece 2000, Burgess-Proctor 2003, Douglas 2008, Van der Aa 2012.…”

Section: Influences On the Use Of Different Ordersmentioning

confidence: 99%

No longer a civil matter? The design and use of protection orders for domestic violence in England and Wales

Bates

Hester

2020

Journal of Social Welfare and Family Law

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This paper assesses the design and use of protection orders for domestic violence in England and Wales. It draws on data from 400 police classified domestic violence incidents and 65 interviews with victims/survivors, as well as new analysis of government justice data from England and Wales, to address a gap in literature on protection orders. The paper identifies an increasing civil-criminal 'hybridisation' of protection orders in England and Wales, and argues that a dual regime has developed, with orders issued by police and/or in criminal proceedings increasingly privileged (and enforced) over victim-led civil orders. Whilst protection orders are being usedas intended-flexibly to protect domestic violence victims, the way they are applied in practice risks downgrading domestic violence in criminal justice terms. The conclusions are especially timely in light of current Government proposals to rationalise protection orders by introducing a single overarching Domestic Abuse Protection Order in England and Wales.

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Empirical Studies of Civil Protection Orders in Intimate Violence: A Review of the Literature

Cited by 6 publications

References 9 publications

Protective Orders

Protective Orders

The Role of Place and Sociodemographic Characteristics on the Issuance of Temporary Civil Protection Orders

No longer a civil matter? The design and use of protection orders for domestic violence in England and Wales

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