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.     

社会性别主流化理念与我国反家暴立法

社会性别主流化是联合国推动性别平等、性别公正的主要战略,强调国家立法和政府决策应遵循社会性别平等理念;社会性别主流化追求"性别平等"是对传统"男女平等"的提升,是男女平等的实现保障;社会性别主流化理念在我国反家暴立法中已有初步尝试,并面临诸多障碍;应继续坚持社会性别主流化理念,立足社会性别平等立场,检视现行反家暴法律规范,正视女性的弱势地位,推动我国反家暴立法进程。     

Gender violence： A perception that the law discriminates in favor of women

Prior to the democratization of the South African society, human rights culture was at a lower ebb, both within the government and the society at large. The society was male dominated and the vulnerable members of society, ostensibly women and children, were not adequately protected against their male counterparts. The Republic of South Africa Constitution Act, brought with it a bill of rights which is justiciable and this led to the promulgation of various legislative measures, notably the Prevention of Family Violence Act, which was later replaced by the Domestic Violence Act, in terms whereof the state attempts to curb the scourge of gender and related violence.     

Gender-Role Stereotypes and Perceptions of Heterosexual,Gay and Lesbian Domestic Violence

Although domestic violence occurs in all types of relationships, non-prototypical cases (e.g., gay male, lesbian, female-against-male) are often overlooked. We replicated and extended previous research demonstrating that perceptions of heterosexual and same-sex domestic violence are generally consistent with gender-role stereotypes. Male and female undergraduates read one of four domestic abuse cases varying by victim and perpetrator sex and sexual orientation. Victim sex, ratherthan sexual orientation, was the most potent predictor of responses, although male-against-female violence was considered the most serious and deserving of active intervention. Domestic violence perpetrated by men or against women was judged more serious than violence perpetrated by women or against men. Perceptions that male perpetrators were more capable of injuring victims, and female victims were more likely to suffer serious injury were consistent with gender-role stereotypes.     

Gender effects in attitudes about family violence

We present results of perceptions of family violence from 176 telephone interviews conducted in a Standard Metropolitan Area in Northwest Arkansas. Four research questions are examined: (1) How do men and women differ in their perceptions about the seriousness and causes of family violence? (2) Do men and women differ in their acceptance of specific acts of interpersonal violence and does the gender of the aggressor and victim affect gender perceptions? (3) Do men and women differ in their views about the effectiveness of different intervention agencies? (4) Do men and women differ in their willingness to report acts of child abuse and does the gender of the parent and child affect the likelihood of reporting? Results indicate that females consider the problem as more serious and view public responses to family violence as more effective. Both male and females are more tolerant of acts of aggression and violence if directed by a woman toward a man. Females are more likely to report child abuse but there are significant interactions between the respondent's gender and the gender of the parent and child.     

Victims With Voices: How Abused Women Conceptualize the Problem of Spousal Abuse and Implications for Intervention and Prevention

Working from the conceptualization of abused women as both victims of and experts on spousal abuse, this study compares how women who have been abused, and how men and women with either less direct or no experience with spousal abuse, understand the problem and their beliefs about how it should be addressed. Results of a telephone survey of Philadelphia adults (N = 1,850) indicate that although in many ways abused women's opinions regarding domestic violence do not differ from those of nonabused women, abused women are more likely to believe that society gives tacit consent to abusive behavior through its silence and that talking openly about the problem will make it easier to solve. These findings suggest that initiatives aimed at changing the social norm around domestic violence may assist in both intervention and prevention efforts.     

Comparing Women and Men Arrested for Domestic Violence: A Preliminary Report

This study uses criminal justice data to compare women and men arrested for domestic violence on their levels of violence, reported victimization, general criminality, and substance abuse. Participants were 45 women and 45 men convicted of domestic violence between 1996 and 1998. Results indicate that women were less likely than men to have a history of domestic violence offenses and nonviolent crimes. They were also more likely to report that they had been injured or victimized by their partner at the time of their arrest. However, in other ways, women and men were similar: they were equally likely to have used severe violence and inflicted severe injuries on their victims; to have previously committed violence against nonintimates; and to have been using drugs or alcohol at the time of their arrest. The implications for treatment for women arrested for domestic violence are discussed.     

DOMESTIC VIOLENCE IN SAME‐GENDER RELATIONSHIPS

Physical violence occurs in 11–12% of same‐gender couples, which suggests that domestic violence is an abuse of power that can happen in any type of intimate relationship, regardless of gender or sexual orientation. Although incidents of violence occur at the same rate in same‐gender couples and cross‐gender couples, the violence appears to be milder in same‐gender couples and it is unclear what percentage of same‐gender violence should be characterized as abuse or intimate terrorism. Same‐gender victims also suffer from the additional stress of severe isolation and the abuser's threats to expose the victim's sexual orientation in a hostile manner.     

‘As if she was my own child’: cohabitation,community, and the English criminal courts, 1855–1900

This essay uses evidence from 217 violence cases between cohabiting couples to investigate the reaction of neighbors to irregular relationships. Ostracism was rare as long as the couples did not flaunt their status, for a number of reasons. First, working-class families lived in tenements and row housing that promoted cooperation for survival. Second, women preferred to live near their kin, and families were less disapproving, as they knew the reason for the cohabitation. Third, neighbors often stepped in to fulfill familial roles if kin were absent, encouraging both sisterly and motherly bonds in particular. Fourth, both men and women intervened, though in different ways. Men's participation was especially facilitated by their use of public houses, which was a liminal space that permitted freer discussion of men's personal lives. Fourth, neighborhood values delineated the ‘blame’ for problem families carefully; both men and women could face disapproval for flouting gender norms. Overall, neighbors parsed the reasons for cohabitation, the harm done by the couple to others, and whether the couple was disruptive in other ways before accepting or rejecting cohabitants in their midst. Indeed, drunkenness and violence was more of a problem than sexual nonconformity in most of these cases.     

“IT'S IN THEIR CULTURE”: FAIRNESS AND CULTURAL CONSIDERATIONS IN DOMESTIC VIOLENCE

This essay attempts to critique the prevailing thinking on culture and cultural competency within the context of domestic violence. Current thinking and presentations of culture usually consists of providing court personnel with essentialist pictures of various groups of people with suggestions on how to work with them. These pictures obscure the reality that cultures are often unstable and generalizations that lead to providing more misinformation. The essay develops a critical framework on the issue and provides specific ways in which a more nuanced understanding of culture is helpful for court personnel as they grapple with how to work with a diverse population.     

Battered Women and the Criminal Justice System: The Service Providers' Perspective

This article reports on a study of the service providers' perspective on what battered women face when entering the criminal justice system. Victim non-co-operation with the system can manifest itself in various ways and at several points in the process. The article begins with a review of the available literature on the criminal justice system's responses to women battering. Then the experiences and perceptions of service providers in Ohio concerning these responses are described, and, consequently, the findings according to factors which may affect service providers responses are analyzed. The article concludes with an assessment of the policy implications of the system's response to women battering.     

Does the Criminal Justice System Treat Domestic Violence and Sexual Assault Offenders Leniently?

We examine whether men who physically assault their female partners or who commit sexual assault receive more lenient treatment than offenders who commit other types of assaults. Analyses of the National Violence Against Women Survey do not support these hypotheses. Rather, they suggest that women who assault their male partners are particularly likely to avoid arrest. In addition, both men and women who assault partners are more likely to avoid conviction than other offenders. Evidence suggests that there has been an increase over time in rates of arrest and conviction for partner violence.     

A Comparison of Men and Women Arrested for Domestic Violence: Who Presents the Greater Threat?

Recent increases in the number of women arrested for domestic violence raise important questions about implementation of proarrest policies, equivalency of intimate partner aggression across genders, and management of female domestic violence offenders. This study compares demographic characteristics, criminal history variables, and the past domestic violence history of men (n = 5,578) and women (n = 1,126) arrested for domestic assault against a heterosexual intimate partner. Using victim reported information and data collected by local criminal justice agencies, we found that female arrestees were significantly less likely than males to have histories that warrant concern regarding the potential for future violence. Implications of these findings are discussed.