More Than a Piece of Paper? Protection Orders as a Resource for Battered Women

Abstract

Nearly 2 million women are assaulted by a partner or ex-partner each year in the United States (Tjaden and Thoennes 2000). Intimate partner violence is a complex social problem rooted in structural gender inequality, but that affects individual women in different ways (e.g. Crenshaw, 1991;Stark 2008). Battered women actively seek help in ending the violence from both formal and informal sources (e.g. Campbell et al. 1998;Stark 2008;Sullivan and Bybee 1999). As part of this process, many battered women will apply for a protection order against their batterer; nearly 1 million such orders are issued every year (Tjaden and Thoennes 2000). This article reviews the research on the effectiveness of such orders, including access and enforcement, and provides suggestions for further research and policy improvements.

Survivor-Defined Advocacy in the Civil Protection Order Process

“…Unlike criminal prosecutions, petitioners must first initiate the court procedures to obtain a PO (Fleury-Steiner et al, 2011). Petitioners may obtain POs against anyone with whom they have a "domestic relationship," the definition of which has expanded since the inception of POs and varies widely by state in the United States.…”

“…The respondent does not need to be notified of the hearing, nor do they have to be present. Second, there is a full hearing, usually 2 weeks later, of which the respondent must be given legal notice (Fleury-Steiner et al, 2011). At the full hearing, a permanent PO may be granted, denied, or the petition dismissed.…”

“…The most common forms requested are possession of a residence, restrictions on communication from the respondent, possession of a shared vehicle, and having the respondent evicted from a shared residence (Yearwood, 2005); most requests for exclusive use of their household are granted (Durfee, 2019). After issuance, POs have shown to be effective at curbing violence and increasing petitioners' safety (Fleury-Steiner et al, 2011;Holt et al, 2003;Logan & Walker, 2010), with decreased threats and abuse made by the respondent (Holt et al, 2003;Logan & Walker, 2010). However, a PO is unlikely to deter "high-risk" respondents (Nichols, 2013b).…”

Domestic Violence Against Woman: Its Relevance To A Gender-Sensitive Policy

“…. The effect of intimate abuse on mental health, the data speak loudly to the power of partner abuse [4]. To deal with the problem, empowerment is important [5].…”

Domestic Violence and Family Law: Criminological Concerns

“…Scholars in criminology, law, and social work have investigated the operation and positive and negative outcomes of legal responses to violence (see for example Bell et al 2011;Breines and Gordon 1983;Pleck 1987Pleck , 1989Ptacek 1999). In addition to changes in criminal law and its application, criminologists have investigated the utilization and efficacy of civil legal remedies to domestic violence (Connelly and Cavanagh 2007;DeJong and Burgess-Procter 2006;Fleury-Steiner, Fleury-Steiner and Miller 2011). They have also highlighted the unintended outcomes of the incorporation of domestic violence into criminal justice regimes as new policies have variously been co-opted, resisted, and ignored in practice (Daniels 1997;Durfee 2012;Ferraro 1996;Goodmark 2011;Kim 2012;Miller 1989;Miller and Meloy 2006;Moore 2008;Ptacek 2009;Richie 2012).…”