A Comparison of Civil and Criminal Orders of Protection as Remedies for Domestic Violence Victims in a Midwestern County

Past research has identified many potential advantages of civil protection orders as a means of addressing domestic violence without invoking an official response of the criminal justice system. Using data from a Midwestern county, this exploratory study provides a comparison of civil protection orders with orders of protection that are filed in conjunction with a criminal battering arrest. We examine the demographic characteristics of the respondents/defendants and petitioners/victims, the nature of the abuse leading up to the filing of the protection order, the reasons for filing, the terms of the order, location of the offense, and violations of orders. Our findings reveal many similarities between types of orders, in terms of order stipulations, past abuse histories of petitioners/victims, and respondents/defendants’ likelihood of reoffending. The findings also reveal an important difference in the petitioners’ and victims’ reasons for filing; whereas petitioners in civil cases were more likely to identify emotional abuse as the factor leading up to issuance of the order, victims in criminal cases were more likely to document physical abuse. We discuss these findings in the context of victim preference.     

Spouse Abuse and Child Abuse by Army Soldiers

This study analyzed data collected by the U.S. Army’s Family Advocacy Program, the group primarily responsible for family violence prevention, identification, evaluation, treatment, and follow-up on Army installations. Patterns of spouse abuse and child abuse perpetrated within a five year period (2000–2004) were examined in a sample of 10,864 Army Soldiers who were substantiated for family violence offenses. Three groups of family violence offenders were compared: (1) those who perpetrated spouse offenses only; (2) those who perpetrated child offenses only; and (3) those who perpetrated both spouse and child offenses. Results showed that the majority of substantiated family violence offenders were spouse offenders who had not committed child abuse (61%), followed by child offenders who had not committed spouse abuse (27%), and finally those who committed both spouse and child offenses (12%). The three groups of family violence offenders differed in terms of the types of abuse they perpetrated (neglect of children, emotional abuse, physical abuse, and sexual abuse), their experiences of being a spouse abuse victim, and sociodemographic characteristics. Twelve percent of all spouse abusers committed multiple spouse abuse incidents, and 10% of all child abusers committed multiple child abuse incidents.     

Does Eligibility for Protection Orders Prevent Repeat Abuse of Domestic Abuse Victims in Caribbean States?

The English-speaking Caribbean state of Barbados enacted protection orders legislation in 1992. The goal was to protect household members from domestic abuse inflicted by those with whom they live. To understand the impact of this policy, the study utilized a survival analysis model to test the hypothesis that eligibility for protection orders on Barbados contributed to a significantly lower hazard of repeat abuse for women, compared to women on St. Kitts where protection orders were not available. Data were drawn from police reports that document incidents of domestic abuse reported on Barbados and St. Kitts where high rates of domestic abuse persist. The study found only a negligible difference between the hazard of repeat abuse of women on St. Kitts and women on Barbados.

Japanese Sexual Offenders: A Descriptive Study

Young adult male offenders in Japanese correctional institutions were questioned confidentially about their history of sexual abuse. The self‐reported information showed that when the sexual abuse went undetected, the relationships between abuser and victim were closer, and more victims were reported to be under the influence of substances. At the same time, the nature of the sexual abuse was even more serious among self‐reported‐only (undetected) offenders in terms of direct sexual acts. In terms of unhealthy sexual preference and childhood sexual victimization, sexual abusers reported higher level of problems comparing to nonsexual abusers. Self‐reported‐only sexual abusers identified even more problems than officially identified sexual offenders. The results suggest that when we focus only on the characteristics shown by officially identified sexual offenders, we may overlook important risk and need factors that should be addressed in psychotherapy for preventing future reoffending.     

REASONS FOR REPORTING AND NOT REPORTING DOMESTIC VIOLENCE TO THE POLICE*

The National Crime Victimization Survey is used to examine factors that encourage and inhibit victims of domestic violence from calling the police. Victims of domestic violence are less likely than victims of other types of violence to call the police because of their privacy concerns, their fear of reprisal, and their desire to protect offenders, but they are more likely to call for self‐protection and because they perceive domestic assaults as more serious. As a result of these and other offsetting factors, victims of domestic violence are just as likely as other victims of assault to call the police.     

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.     

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.     

Predicting multiple victim versus single victim sexual abuse: an examination of distal factors and proximal factors associated with the first abuse incident

Abstract

Official and confidential self-report data on 83 convicted adult male sexual abusers were analysed to examine whether sexual offending progression can be better predicted from distal antecedents, or from proximal antecedents and outcomes associated with the first sexual abuse incident. Fifty-six offenders who sexually abused more than one victim (multiple victim offenders; MVOs) were compared to 27 offenders who sexually abused a single victim only (single victim offenders; SVOs). MVOs were younger at the time of their first sexual abuse incident, and were more likely to first abuse male and non-familial children. With the exception of sexual attraction to male children, no differences were found between the two groups on distal antecedents. Proximal antecedents and outcomes associated with the first sexual abuse incident were significantly related to multiple victim offending. Logistic regression analysis identified the presence of sexual difficulties in the month prior to the first abuse incident, and sexual excitement immediately preceding the first incident, as significant unique predictors. Implications for risk assessment and risk management are discussed, and future research directions proposed.     

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.     

Sex of Spouse Abuse Offender and Directionality of Abuse as Predictors of Personal Distress,Interpersonal Functioning,and Perceptions of Family Climate

This study examines perceptions of personal distress, interpersonal functioning and family climate reported by men and women involved in unidirectional versus bidirectional spouse abuse. Participants were 7253 offenders treated by the USAF Family Advocacy Program from 1988 to 1996. Over a quarter of the sample is female and included among them were both unidirectional and bidirectional offenders. Grouping factors for the analysis are gender, directionality of aggression, history of abuse in childhood, history of recidivism, and severity of aggression. Females and offenders raised in abusive homes reported more negative perceptions across the measured spheres. Unidirectional abusers reported more personal distress, but bidirectional abuse had more conflicted family climates. Few differences were noted in offenders' perceptions based on the severity of their abuse or their history of repeat offenses. Tests for interactions yielded no reliable pattern indicating that grouping factors were related to outcomes in an additive fashion.     

Stereotypes and attitudes about child sexual abusers: A comparison of experienced and inexperienced professionals in sex offender treatment

Purpose . The danger of stereotyping child sex offenders is that such stereotypes allow suspected abusers to avoid detection. The current study investigated whether professionals involved in the treatment of sex offenders endorsed less stereotypes of sex offenders than an ‘inexperienced’ group of teachers. Method . Sixty professionals involved with sex offenders and 71 school teachers completed three questionnaires: the Stereotypes of Sex Offenders Questionnaire; Attitudes Towards Sex Offenders Scale ( Hogue, 1993 ) and Knowledge of Child Abuse Questionnaire (created for the present study). Mediation analyses were then conducted on the relationships between the scores. Results . Experienced professionals endorsed negative stereotypes less, had more positive attitudes towards sex offenders and expressed more knowledge of child abuse than the inexperienced group. Further, attitudes towards child sexual offenders were significantly mediated by the effect of knowledge of child abuse on group (experienced, inexperienced). However, there was no significant mediation for the effect of knowledge on child abuse on the relationship between group (experienced, inexperienced) and stereotype consistent scores. Conclusions . The less knowledge of child abuse, the more stereotypical one may be about potential child sex offenders. Thus, it may be useful to increase knowledge on child abuse in inexperienced groups to counter stereotyping and allow greater detection of offenders.     

Characteristics of Callers to the Domestic Abuse Helpline for Men

Intimate partner violence (IPV) by women against men has been the subject of much debate. Feminists typically argue that IPV is committed only by men against women. Others argue that violence is a human problem and women also commit much IPV. To resolve these debates, IPV has been classified into two categories: common couple violence captured by population-based studies, and patriarchal terrorism, captured by studies of battered women. This typology ignores male victims of extreme IPV. The current study addresses this omission by describing 190 male callers to the Domestic Abuse Helpline for Men. All callers experienced physical abuse from their female partners, and a substantial minority feared their wives’ violence and were stalked. Over 90% experienced controlling behaviors, and several men reported frustrating experiences with the domestic violence system. Callers’ reports indicated that their female abusers had a history of trauma, alcohol/drug problems, mental illness, and homicidal and suicidal ideations.

From Victim to Offender: Female Offenders of Child Sexual Abuse

Historically, women have been seen to have a much lower recorded rate of crime than men. In the area of child sexual abuse, women have figured prominently in official statistics as victims but have had virtually no official recognition as offenders. It is difficult for many people to accept that women do sexually abuse children and this can result in discounting by personnel in child protection services and police. This article discusses female offenders of child sexual abuse and the way in which these cases are processed by the criminal justice system.     

Drawing the Necessary Line: A Review of Dating Domestic Violence Statutes around the United States

Orders of protection help combat dating violence by ensuring a period of separation between the victim and the abuser. The prevalence of dating violence is similar to that of spousal abuse and the effects on the nonmarried victims are just as severe. Some jurisdictions in the United States do not offer victims in dating relationships protective orders and two states restrict orders for same‐sex couples only. Other state statutes are inadequate. A uniform statute that permits participants in dating relationships access to protective orders should be implemented across the country.

Key Points for the Family Court Community:
• See and understand the changes in dating domestic violence statutes
• Up to date as of 2011 with 2012 amendments to state statutes

     

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.     

Risk, Need, And Responsivity (RNR): It All Depends

Target populations have always been a thorny issue for correctional programs, primarily in response to the question "what works for whom?" In this experiment of seamless treatment for probationers in two sites, offenders were randomly assigned to the seamless model (drug treatment incorporated into probation supervision) or traditional referral model to services in the community. The experiment blocked on risk level, using a version of the Wisconsin Risk Tool, to measure the differential effects on rearrest and substance abuse. The seamless system model improved treatment participation with greater gains for the high-risk offenders in both sites. Yet, no main effects were observed on drug use or rearrest, although effect sizes illustrate that small effects can be observed for the high-risk offenders and the direction of the effect size demonstrates negative effects for moderate-risk offenders in one of the sites. Part of the failure to observe main effects may be due to instrumentation and measurement problems, namely that many of the substance abusers in the experiment had low severity substance abuse problems and the majority of the offenders were marijuana users which has a weaker crime-drug linkage. Study findings illustrate the importance of theoretically driven and dynamic risk and need measures. The focus on sound dynamic factors may assist with identifying the appropriate target populations for correctional interventions.     

Under the radar: policing non-violent domestic abuse in the US and UK

Physical violence is but one of many tools that may be used to gain greater power within intimate relationships, yet the legal response has been critiqued for failing to recognise and respond to the full spectrum of abusive behaviours, such as coercive control. Using a sample of police officers from the United States (US) and the United Kingdom (UK), the current study utilises hypothetical vignettes to assess police officers’ perceptions of domestic abuse, including those incidents that are not necessarily physically violent, but involve stalking and other coercive, controlling behaviours that are harmful and require intervention. Within- and between-country similarities and differences were analysed. Findings revealed that the majority of officers in both countries possessed a good level of understanding of domestic abuse and how they should respond to it – amidst and beyond the physical violence. However, our analysis of both quantitative and qualitative data also showed that the use of physical violence is at the forefront of many officers’ expectations about domestic abuse, and that when physical violence is absent, the police response is less proactive. Our study finds some support for the idea that non-physical abuse does go “under the radar” to some extent for some officers, and that this is more the case for American officers than their British counterparts. Findings are discussed in terms of context of the research sites and implications for policy, practice and future research.     

From Victim to Offender: The Effects of Male Initiated Violence on Women Arrested for Using Intimate Partner Violence

A number of theorists posit that most women who are arrested for using violence against their intimate partners are in-fact victims of IPV themselves and should be treated as such. However, in this population of women IPV arrestees empirical investigation has yet to explore how physical and emotional victimization experiences are associated with arrest related factors, propensity to be abusive or attitude toward using relationship violence. The current study explores these factors finding no difference in arrest factors between women who (a) deny abuse, (b) report rare/occasional abuse and (c) report frequent/very frequent abuse. However, mixed results were found with regard to participants’ responses on scales measuring propensity to be abusive and attitudes about using violence in marriage. Theoretical and practical related issues are addressed.     

Characteristics of Domestic Violence Offenders: Associations with Childhood Exposure to Violence

Many women are abused by intimate partners, millions of children witness such acts, and many of these children are physically abused. Children who are exposed to violence often evidence difficulties, including violent behavior, as adults. One hypothesized mode of intergenerational transmission is modeling. There is evidence that witnessing and/or experiencing violence are related to different patterns of abusive behavior and, perhaps, psychopathology, but the extent of the relationship is unclear. This study examined differences in generality, frequency, and severity of violent offenses, nonviolent criminal behavior, and psychopathology within a battering population of 1,099 adult males with varying levels of exposure to violence as children. Generality, frequency, and severity of violence and psychopathology all increased as level of childhood exposure to violence increased. Modeling theory was supported by the findings that men who witnessed domestic violence as children committed the most frequent domestic violence, and men who were abused as children were more likely to abuse children. Men who were abused also committed more general violence.