The Impact of Children on Legal Actions Taken by Women Victims of Intimate Partner Violence

Successful criminal or civil legal system response to assaults against intimate partners (intimate partner violence; IPV) usually rely on the victim’s participation in the legal process, including having contact with the prosecutor, filing charges, and/or applying for an order of personal protection. Using data abstracted from criminal and civil legal system records for a county-wide cohort of 990 female IPV victims over a 4-year period, we examine the impact of having children, and of specific child factors, on victims’ engagement with the criminal prosecution of their abusive partners and/or seeking a personal protection order (PPO) in the civil court system. Having children increased victim’s contact with the prosecutor and applications for PPOs, but did not increase her likelihood of wanting to file or drop charges. Findings support prior work suggesting both the importance and complexity of children on mothers’ decision-making. Policy makers and service providers may want to assess survivors’ thoughts about the role children play in their decision-making. Additionally, by offering survivors interventions to help their children address the impact of IPV exposure, survivors may be more willing to engage with services.     

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

ABSTRACT

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 used – as 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.     

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

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.     

Judicial Dispositions of Ex-Parte and Domestic Violence Protection Order Hearings: A Comparative Analysis of Victim Requests and Court Authorized Relief

This paper presents findings from a study on judicial dispositions of ex-parte orders and domestic violence protection order hearings. Findings are presented with an emphasis on delineating the types of relief which are requested by victims of domestic violence in relation to the types of relief which the courts grant. Results indicate that disparity exists between what types of relief victims request and the types of relief which are awarded by the courts. Research questions are analyzed in order to further define these discrepancies with diverse policy implications and further research issues being recommended as a result of these analyses.     

From the Offences Against the Person Act 1861 to the Serious Crime Act 2015 - the development of the law relating to female genital mutilation in England and Wales

Female genital mutilation (FGM) is defined by the World Health Organization to include: ‘procedures that intentionally alter or cause injury to the female genital organs for non-medical reasons’. It is a practice that affects many females in England and Wales and as a result, specific legislation has been introduced to tackle it. This paper explores the development of the criminal and civil law relating to FGM in England and Wales. It discusses the advantages and disadvantages of the approaches adopted and considers whether they are effective. The paper concludes that the creation of a specific criminal offence has proved to be ineffectual; that the introduction of civil FGM protection orders is a more appropriate and effective means of combatting the practice and that legal measures need to be supplemented by non-legal interventions.     

Intimate Partner Violence: Victims’ Opinions About Going to Trial

Criminal justice officials assume that intimate partner violence victims oppose filing charges against their abusers. In a study of 94 respondents, reluctance actually occurred with the prospect of going to trial. While 70% supported filing charges, only 37% wanted a trial. Both qualitative and quantitative analyses help explain the reasons women gave for their opinions about trials. The strongest quantitative predictor was that as the level of the victim’s injury sustained from the crime increased, their support for a trial increased. Gondolf and Fisher’s (1988) survivor theory predicted factors that influenced victims’ support or opposition to a trial in the quantitative section. The nested ecological model explained approximately half of the open-ended responses to those opposing trials while the goals of sentencing model articulated most victims’ support for trials.     

Evaluating the Efficacy of Protection Orders for Victims of Domestic Violence

Abstract

The purpose of this study is to gauge the efficacy of protection orders for victims of domestic violence. The theoretical basis for this analysis is Johnson's (1995) theory that there exist two distinct forms of domestic violence: “common couple violence,” which consists of low-grade, mild abuse that is equally perpetrated by both men and women, and “patriarchal terrorism,” which involves severe mental and physical abuse that is used primarily by men to control their female partners. Based on Johnson's theory, it is hypothesized that protection orders will be less effective for women who experience patriarchal terrorism than for women who experience common couple violence. The results of this analysis indicate that the primary independent variable, that is, whether a woman experiences common couple violence or patriarchal terrorism, is not a good predictor of protection order violation. However, several secondary independent variables were found to be significant, including victim's race and employment status, as well as the couple's living arrangements at the time of the protection order.     

Domestic Violence Abusers: A Descriptive Study of the Characteristics of Defenders in Protection from Abuse Orders in Sedgwick County,Kansas

Protection from abuse orders have been presented in the contemporary literature as one of many tools in protecting battered women. While protection from abuse orders provide legal protection from abuse, many abusers violate these court orders. The current study describes the characteristics of 1,873 alleged domestic violence abusers in Sedgwick County, Kansas. Data were collected from protection from abuse filings over a 12-month time frame. The data were used to examine the demographics of offenders as well as to assess the prior arrests of the offenders. Results showed that abusers were typically white males, average age of 33 with extensive past criminal arrest histories.     

Constructing Victims and Villains: Unintended Outcomes of Contact Prohibition Orders

Contact prohibition orders (besöksförbud) are by now an institutionalized form of preventing violence and protecting the integrity of individuals from non‐strangers' intrusion in their lives. On the basis of an analysis of, primarily, in‐depth interviews with people intended to be protected by such orders, it is argued that this legal practice has unintended consequences for the parties' interaction and relationship. In order to obtain and maintain CPOs, the individuals have to regard and present the other party's acts as criminal cases and watch their own behaviour to preclude accusations of having provoked violations. They are also expected to evidence the other's crimes. In court they have to present themselves as credible witnesses and at the same time as suffering victims in order to retain the victim role. To make sense of the new situation, they tended to re‐construct the other party as inherently criminal, and they accounted for their common past as based upon the other's deception. Hence, it is claimed that the encounters with the criminal justice system have a decisive impact on the individuals' understanding of themselves, the other party, their relations and interaction.     

认真对待民事保护令——基本原理及其本土化问题探析

民事保护令有着不同的类型,属于特殊的禁令或人身权请求权的实现方式。它依据综合性责任机制保障实施;在程序上具有交错适用诉讼和非讼法理、对受害人予以倾斜保护、具有完备执行程序等特色;在全面保障权利、遏制家庭暴力、维持家庭稳定、保障选择自由之时,其功能也可发生异化。我国民事保护令制度处于试运行状态。需要对已有的立法建议稿等进行对照性研究,并提出未来中国防止民事保护令异化的措施。     

Do Judicial Responses to Restraining Order Requests Discriminate Against Male Victims of Domestic Violence?

Every state in the United States authorizes its courts to issue civil orders of protection for victims of domestic violence. Ideally, restraining orders should be available to all victims. However, consistent with the patriarchal paradigm, research suggests that judicial responses to domestic violence temporary restraining order (TRO) requests may be sex-differentiated. This paper reports on a study that explored equal protection issues in family law by evaluating gender and violence profiles of a random sample of 157 TRO petitions involving intimate partners, dating couples, and married persons in a California district court. The majority of cases involved allegations of low or moderate levels of violence perpetrated by male defendants against female plaintiffs. Although there were no systematic differences in level of violence as a function of plaintiff sex, judges were almost 13 times more likely to grant a TRO requested by a female plaintiff against her male intimate partner, than a TRO requested by a male plaintiff against his female partner. Further analyses revealed that this sex differentiation was limited to cases involving allegations of low-level violence.

Why Victims of Intimate Partner Violence Withdraw Protection Orders

While reasons for returning to abusive partners have received considerable attention in research on intimate partner violence, few studies have examined the reasons why victims fail to follow through with the protection order process, regardless of whether or not they return to their abusive partners. Fifty-five women who were in the process of withdrawing a protection order against a male intimate partner were surveyed in the present analysis. Recognizing that reasons given for withdrawing a protection order often follow common themes, individual responses were organized into several “domains,” or groupings of such reasons. The most commonly cited domain involved a “concrete change” on behalf of the victim or defendant, which made the protection order less necessary in the victim’s view. This was closely followed by the domain addressing emotional attachment to the abuser. Implications for future research and policy are discussed.     

UNIFIED FAMILY COURTS

Fragmented court systems are especially problematic for domestic violence victims because they typically are involved in more than one proceeding that stems from the same pattern of abuse. The proceedings are handled in different courts and before different judges, who are often unaware of these orders being issued in other proceedings. Consequently, conflicting orders are prevalent and the protection and needs of victims are often not met. A unified family court, on the other hand, provides one court with the subject-matter jurisdiction to handle all family-related matters and one judge to hear all cases that involve a single family, resulting in conflicting orders being issued less frequently. Additionally, the needs of victims are better served as a result of the services component. Given the fragmented state of the court systems in New York and Pennsylvania, United States; Alberta, Canada; and Australia, unified family courts should be implemented in each locality.     

Protective Orders and Domestic Violence: Risk Factors for Re-Abuse

One of the few legal tools for protecting victims of domestic violence is the civil Protection Order (PO). How effective they were in preventing re-abuse was analyzed by examining court and police records from 210 couples in which female victims (or applicants) filed POs against their violent partners. Police records for 2 years prior and two years following the issuance of a PO were reviewed. Results indicated a significant decline in the probability of abuse following a PO. Prior to filing a PO, 68% of the women reported physical violence. After filing, only 23% reported physical violence. Several risk factors were assessed and it was found that very low SES women were more likely to report re-abuse as were African-Americans.     

Seeking Help to Protect the Children?: The Influence of Children on Women’s Decisions to Seek Help When Experiencing Intimate Partner Violence

Intimate partner violence (IPV) has a detrimental effect on the wellbeing of victims and their children. Situational as well as individual factors shape victims’ responses to the experiences of IPV in many ways. This study uses a quantitative approach to examine the factors that influence victims’ decisions on whether and where to seek help. The role of (unborn) children has been examined together with other demographic and situational factors to reveal their influence on victims’ help-seeking decisions. Two items were used to measure the role of children, including victims’ pregnancy at the time of the abuse and children residing with the victim and witnessing the abuse. Relevant findings derived from the analysis of a sub-sample of women interviewed in the process of the International Violence Against Women Survey (IVAWS) 2002/03 are discussed throughout this paper with a specific focus on the role of children. While the presence of unborn children (i.e., pregnancy) had no effect on victims’ help-seeking decisions, children witnessing the abuse emerged as the strongest predictor of general and more formalized help-seeking decisions.     

Spanish legislation against trafficking in human beings: punitive excess and poor victims assistance

The article seeks to provide a perspective of human trafficking as one of the fastest growing criminal activities of the last few years in the area of organised crime and one that affects human beings’ most basic rights. In the main, the response to the problem has been its criminal prosecution, but without tackling the issues of need that underlie this conduct and which the traffickers take advantage of to abuse, assail and exploit the people they traffic. In this context, the evolution of Spanish legislation in terms of the criminalisation of this problem has made it one of the most repressive, although there is no clear evidence of its effectiveness. This punishment, which covers a wide range of criminal conducts, has not however been accompanied by any policies to support and integrate the victims of trafficking, which has led to a large number of victims being subjected to slavery who, in the majority of cases, fall under the control of the trafficking networks again.     

合并与分离:刑事附带民事诉讼制度的反思与重构

刑事附带民事诉讼制度的立法目的在于减轻诉累 ,提高诉讼效率 ,保证正确处理刑事案件 ,维护司法判决的统一性和严肃性 ,维护国家、集体财产利益以及被害人的合法权益。但随着法制建设的不断进步 ,民事实体和程序法律的不断完善 ,刑事附带民事诉讼制度的实践价值受到质疑。同时由于我国在立法规范和制度设计上的缺陷 ,导致附带民事诉讼缺乏独立性、救济范围过于狭窄 ,从而造成了对被害人的利益保护不足。因此 ,总结我国的立法和司法实践 ,借鉴各国立法经验 ,强化刑事案件民事赔偿救济程序的独立性 ,逐步实现刑事诉讼与民事诉讼的分立 ,将成为重构我国刑事附带民事诉讼的立法趋势     

Coordinated Community Intervention for Domestic Abusers: Intervention System Involvement and Criminal Recidivism

This study examined prosecution and post-prosecution elements of a coordinated community intervention approach to male perpetrators of adult domestic violence. In a sample of 235 cases, recidivism was assessed from official criminal justice data during a 12- to 18-month period after cases were initially handled by the Baltimore, Maryland State's Attorney's Domestic Violence Unit. Court orders for domestic violence counseling were associated with significantly lower criminal recidivism for battery or violation of a civil order of protection. Lower criminal recidivism was also associated with the cumulative effects of successful prosecution, probation monitoring, receiving a court order to counseling, attending counseling intake, and completion of counseling. Individuals with greater involvement in this intervention system had lower recidivism rates, even though offenders with more extensive abuse histories experienced more intervention. Results provide qualified support for coordinated community intervention for domestic violence perpetrators.     

Hybrid law and human rights – banning and behaviour orders in the appeal courts

The desire of the New Labour Government to be seen as responsive to popular concerns and moral panics over hooliganism and anti-social behaviour is resulting in the increased use of legislative responses that bridge criminal and civil law. Anti-Social Behaviour Orders and Football Banning Orders are two key examples of this ‘Hybrid Law’, imposed as a response to criminal conduct, supported by criminal law sanctions, but operating under a civil law procedure providing fewer protections for defendants. These hybrid orders have the power to severely restrict the freedom of individuals who have not been found guilty of any criminal offence, and have been challenged in two important cases under Article 6 of the European Convention of Human Rights. The decisions of the Appeal Courts that the purpose of the orders is merely preventative rather than punitive, and can therefore be justifiably imposed under a civil law procedure, is controversial and indicates an unwillingness to use the powers of the Human Rights Act to challenge such legislation and protect the fundamental human rights of defendants.Dr Geoff Pearson is Lecturer in Law, Management School, University of Liverpool     

Deliver us from Evil: Protecting the Child When Both Parents Ignore the Order of Protection

Orders of protection are regularly utilized to protect victims of domestic violence as well as their children, by restricting the subject from contact or specific activity with the protected parties. Unfortunately, it is common for the adult protected party to facilitate the violation of these orders in an effort to reconcile with the subject, placing children in danger. This undermines the protection that these orders were intended to offer; without penalty to the protected party. This Note proposes a model statute penalizing any party who knowingly endangers children by facilitating the violation of any order of protection; family or criminal.