Stalking in the Context of Domestic Violence

Abstract

This article examines the effect of criminal justice intervention in domestic violence on stalking in that relationship. Almost two hundred female victims of misdemeanor domestic violence in three jurisdictions were interviewed three times after their cases had closed. Qualitative interviews were conducted with a subsample of 21 victims who had experience with stalking. Specific court outcomes in domestic violence cases and whether or not the victim cooperated with the prosecution do not impact whether or not a domestic violence victim experiences subsequent stalking. Women who experienced stalking in addition to domestic violence were more likely to use the system in the future than women who just experienced domestic violence. The qualitative interviews revealed additional findings regarding victims' opinions of the criminal justice response to stalking in the context of domestic violence.     

IMPROVING THE ENFORCEMENT OF RESTRAINING ORDERS AFTER CASTLE ROCK V. GONZALES*

After the U.S. Supreme Court's decision in Castle Rock, reliance on domestic violence restraining orders does not offer the solution in and of itself. Our legal system needs to provide greater protection for victims of domestic violence. This note explores ways to use risk assessment tools to augment restraining orders, in addition to examining integrated domestic violence courts that take a proactive approach to aiding victims of abuse.     

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.     

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.     

Specialized Domestic Violence Courts

Abstract

The multimethod study assesses the perceptions of specialized domestic violence courts' processes with victims' experiences as the central focus. Perceptions of the traditional courts and specialized domestic violence courts are compared among victims, courtroom police, attorneys, judges and victim advocates. Domestic violence education among attorneys, judges, and victim advocates is also compared. Despite the intended improvements with the specialized court model, victims report similar problems in both court models. Safety and victims support among respondents is mixed. Professionals from the specialized court receive no more domestic violence education than those from the general court. Victims' and courtroom police recommendations are presented.     

State employment protection statutes for victims of domestic violence: public policy's response to domestic violence as an employment matter

Evidence indicates that domestic violence has negative consequences on victims' employment; yet employers lag in recognizing this as a workplace issue. To address the problem, some states have established several policy solutions. To understand the scope of the public sector's response to domestic violence as a workplace issue, a content analysis of state-level employment protection policies for domestic violence victims (N = 369) was conducted. Results indicate three broad policy categories: (a) policies that offer work leave for victims; (b) policies that aim to reduce employment discrimination of domestic violence victims; and (c) policies that aim to increase awareness and safety in the workplace. Subcategories emerged within each of these three categories. Implementation of employment protection policies varies significantly across states. Implications for workplaces, practitioners, and policy leaders are discussed.     

Domestic Violence Victims Support Mandatory Reporting: For Others

Five states now have mandatory reporting laws when a victim of domestic violence is identified in a clinical setting, and many other states are considering such legislation. Advocates for battered women have frequently warned that abused women may not wish mandatory reporting laws. Published data derived from the opinions, wishes, and beliefs of women victims of domestic violence have been noticeably lacking. This study presents a preliminary study of 45 abused women. Results indicate that women victims overwhelmingly support mandatory reporting laws. In an apparent paradox, however, they were much less certain that mandatory reporting would have been helpful to them in their specific case.     

DOMESTIC VIOLENCE LEGISLATION: EXPLORING ITS IMPACT ON THE LIKELIHOOD OF DOMESTIC VIOLENCE,POLICE INVOLVEMENT,AND ARREST*

Research Summary: This research uses data from the National Crime Victimization Survey to test whether legislation affects domestic violence, police involvement, and arrest. Findings suggest that most laws do reduce the chances of family or intimate violence. Fewer appear to influence police involvement, and none relate to more arrest. This suggests that laws may deter would‐be offenders from harming family and partners. Policy Implications: The findings suggest that states should continue to aggressively pursue domestic violence offenders. However, local officials should recognize that mandatory arrest laws could reduce the number of cases that enter the system. Further, more protection should go toward victims when the state awards them custody of the children.     

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

     

Silencing Women's Voices: Nuisance Property Laws and Battered Women

There is little documentation about how nuisance property laws, which fine people for excessive 911 calls, affect victims of domestic violence. In St. Louis, we found that police and prosecutors believe that the law benefits victims of domestic violence by providing them with additional services. By contrast, advocates for domestic violence victims believe that the law undermines battered women's access to housing and discourages them from calling 911. Using qualitative data, we analyze how the organizational structures and dynamics within which each group works give rise to different stocks of working knowledge. We conclude that law enforcement officials are unaware of these harms because women's voices and experiences are marginalized during the enforcement process. This research reveals mechanisms through which law enforcement policies reinforce gender inequality, and illustrates some ways in which gender relations and power come into play in what, on their surface, appear to be gender‐neutral laws.     

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.     

Relationship Between Two Types of Help Seeking Behavior in Domestic Violence Victims

A coordinated community response system to the help-seeking behaviors of domestic violence victims is critical to minimize the impact of violent events and to educate the public, so that safe and effective conflict management skills may replace violent responses. The focus for the present study is to identify and analyze victims’ choices of law enforcement assistance in stopping the violence and/or aid through the services of the regional family violence center. Some victims select legal channels of support; others rely exclusively on social service support, and others seek assistance from both sources. Characteristics of victims whose cases followed two types of help-seeking behavior patterns—legal support or social support–were determined through archived data from both the records of a regional family violence center (FVC) (n=258) and domestic violence incident reports of a police department serving a city of approximately 200,000 citizens (n=127). Findings indicate that African American victims more frequently sought protection through law enforcement sources than they did through family violence center services, and the reverse was true for Euro-Americans.     

Conflicting Consensus

Abstract

Limited research exists on the extent to which the public supports the criminalization of domestic violence, and whether people believe police pro-arrest policies will deter future offending. Based on conflict theory, it is hypothesized that there will be differences in support for criminalization between powerful (i.e., middle to upper class Caucasian men) and less powerful demographic groups (i.e., women, minorities, and the economically and educationally disadvantaged). Data were collected from a randomized telephone survey of Alabama residents and analyzed using ordered regression models. Results indicate that a majority of respondents agreed with a pro-arrest policy for domestic violence; however, age, education, income, and gender subgroup differences offer support for the conflict model. An additional finding that domestic violence victimization plays a significant role in the formulation of respondents' attitudes toward these policies needs to be more closely investigated.     

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.     

Research note: challenges of identifying female human trafficking victims using a national 1-800 call center

Human trafficking is a complex global and national crime problem harming victims physically, psychologically, and financially. The Trafficking Victims Protection Act of 2000 (TVPA), Pub. La 106–386, and subsequent reauthorizations, provide assistance and benefits to foreign born victims of labor or sexual human trafficking who are here in the United States. The strategies used to encourage victims to come forward were modeled on those used in the anti- domestic violence (DV) and child protection movements. These include initiatives alerting the public to domestic violence situations through awareness campaigns to increase tips as well as calls for service to police. Other public service initiatives urge victims themselves to self-identify by calling 1-800 numbers. While these techniques have shown success in reducing incidences of domestic violence and providing help to victims, their use to combat sex trafficking has not produced the same level of results. This note explores the challenges for immigrant women victims to self-identify as trafficking victims and urges that evidence-based research is needed to determine the efficacy of a national call center approach.     

Children's experiences of domestic violence: developing an integrated response from police and child protection services

Police notifications of incidents of domestic violence to child protection services constitute an acknowledgement of the harm that domestic violence inflicts on children. However, these notifications represent a substantial demand on child welfare services and the outcomes for children and victims of domestic violence have been questioned. This paper presents findings from the first UK study to examine these notifications in depth and examines the interface between the police and child protection services in responding to domestic violence incidents. The research reports on police interventions in 251 incidents of domestic violence involving children; the communication of information to child protection services and the subsequent filtering and service response. Social workers found that notifications conveyed little information on children's experiences of domestic violence. Forty per cent of families notified had had no previous contact with child protection services in that area, but those cases most likely to receive social work assessment or intervention were those where the case was already open. Notifications triggered a new social work intervention in only 5% of cases. The study also identified a range of innovative approaches for improving the co-ordination of police and child protective services in relation to children's exposure to domestic violence. Arrangements that maximized opportunities for police and social workers to share agency information appeared to offer the best option for achieving informed decisions about the appropriate level of service response to children and families experiencing domestic violence.     

Predicting the occurrence of stalking in relationships characterized by domestic violence

A high correlation has been found between domestic violence and stalking. However, very few studies have examined what factors predict the occurrence of stalking in relationships characterized by domestic violence. Using in-depth interviews with victims of domestic violence whose cases have gone through the criminal justice system, this article explores this issue. It was found that experiences of stalking by their abusers were very prevalent in this group of domestic violence victims. In terms of predicting stalking, domestic violence victims who were not in a relationship with their abuser, whose abusers had an alcohol or drug problem, who experienced more controlling behaviors by their abusers, and who had experienced prior stalking by their abusers were at the greatest risk of experiencing more severe stalking. Implications for intervention are discussed.     

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.

Barriers to safety* for victims of domestic homicide

ABSTRACT

Research on domestic homicide has focused on risk factors presented by perpetrators such as prior violence, threats to kill, stalking, access to weapons, mental health concerns, controlling behaviour and separation. However, there has been less focus on the barriers that victims face regarding finding support, increasing personal safety and decreasing violence and risk of homicide. The present study explored 20 potential barriers that female domestic homicide victims faced using 183 cases occurring between 2002 and 2012 from the Ontario (Canada) Domestic Violence Death Review Committee to examine the presence and frequency of these barriers within the sample. Using two-step cluster analysis, different profiles of barriers were identified that centred on victims’ fear, social isolation and mental health. The study is limited in being a post hoc analysis of homicides and no causal links can be made. The implications of this finding are discussed in the context of risk assessment, risk management and safety planning.     

The production of the "battered immigrant" in public policy and domestic violence advocacy

In the context of U.S. public policy, battered immigrant signifies a person who is eligible to adjust his or her status under immigration law if he or she can demonstrate they have suffered domestic violence in the United States perpetrated by a U.S. citizen or legal permanent resident. Among community organizers, the term battered immigrant signifies a broader range of people for whom legal immigration status plays a role in their options for safety planning and/or leaving an abuser, the potential threat of deportation, and the eligibility for public benefits. Based on an ethnographic study of domestic violence advocacy with South Asian immigrants in Seattle and around the United States, this article examines how the difference in signification has direct social and political consequences with regard to who may access the benefits and protection offered to victims of domestic violence in the United States.