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.     

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 Service Users: A Comparison of Older and Younger Women Victims

No one, young or old, is immune to interpersonal violence (IPV). Female victims come from a variety of circumstances and across all ages. However, much of the research and services have focused almost exclusively on younger women. This article compares women 65 and older to women under 65, who utilized domestic violence (DV) services in a mid-western state over a five-year period. Although there are many similarities in the findings, differences include that older victims were more likely to be White, report more emotional and less physical abuse, be referred to services by a legal source, have special needs or disabilities, and receive fewer services, less service hours and fewer contacts than younger victims utilizing DV services. Implications for research and practice are discussed.

Assessing the Risk of Domestic Violence Reoffending: A Validation Study

Little research has been conducted to validate available instruments for assessing the risk of domestic violence reoffending, especially research using some form of prospective design. This study uses a prospective design to determine the reliability and validity of the Domestic Violence Screening Instrument (DVSI). The analysis is based on a sample of 1,465 male domestic violence offenders selected consecutively over a 9-month period. Data on reoffending were collected in a 6-month follow-up period from a subsample of the victims (N = 125) of these perpetrators and from official records for all perpetrators during an 18-month follow-up period. The empirical results suggest that the DVSI was administered reliably, and they provide significant evidence of the concurrent, discriminant, and predictive validity of this instrument. Implications for further research and utilization of the DVSI are discussed.     

Barriers in Screening Women for Domestic Violence: A Survey of Social Workers, Family Practitioners, and Obstetrician–Gynecologists

Domestic violence (DV) is a pervasive and serious threat to women's lives and well-being. Medical social workers, family practitioners, and obstetrician–gynecologists are in key positions to screen and offer help. Florida NASW members and board certified family practitioners and obstetrician–gynecologists were mailed a psychometrically tested scale. A total of 388 surveys were analyzed. Education (especially the number of in-service hours) and the presence of institutional supports, decreased barriers to screening, increased screening behaviors, and lead to increased victim identification. Only 20.8% of participants always or nearly always routinely screened for DV; 24.0% reported that routine screening did not apply to their role. Self-Efficacy was the strongest predictor of screening behavior with Fear of Offending, Safety Concerns, CEUs/CMEs, and in-service hours contributing approximately equally to the prediction of screening behavior.     

Domestic Violence and Children’s Presence: A Population-based Study of Law Enforcement Surveillance of Domestic Violence

The purpose of the present study was twofold: (1) to test whether law enforcement officers could reliably use a standard protocol to collect data on domestic violence events (DVEs) across a large municipality, and (2) to use these data to examine prevalence and nature of the violence and children’s presence. Reliability checks indicated that data were collected reliably on over 5,000 substantiated DVEs. Findings showed that 48% of all assaults in the municipality were DVEs. Victims were predominantly females in their early thirties, and injuries were predominantly minor and resulted from body contact. Children were present in nearly 50% of the DVEs. They were disproportionately present in domestic violence households compared to all other households in the municipality. Domestic violence households with children were more likely to have mothers and fathers involved in the violence and were disproportionately minority households headed by single females in relatively poor neighborhoods.     

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.     

Effects of Parental Substance Abuse on Current Levels of Domestic Violence: A Possible Elaboration of Intergenerational Transmission Processes

Research conducted on the intergenerational transmission of domestic violence has framed much of its inquiry from within the context of social learning theory. Although consistently significant, the effect size of social learning-derived intergenerational transmission variables is often small. This study was undertaken in an effort to broaden the theoretical basis of intergenerational transmission of family violence by assessing if incorporating parental substance abuse variables with exposure to violence in family of origin would increase the predictive power of a multiple regression model. Subjects (N = 74) were men in treatment for domestic violence. Paternal substance abuse was found to exert effects on respondents' violent behavior comparable to those from exposure to family of origin violence. Findings supported a need to broaden theoretical views of the etiology of domestic violence perpetration.     

Domestic violence: A national study of the nature, size and effects of domestic violence in the Netherlands

This article reports on a large-scale nation-wide study conducted by Intomart among 1,000 randomly selected Dutch adults (male and female) about their experiences with domestic violence. An important goal of the survey was to generate general information on domestic violence. It turns out that nearly half of the Dutch population (45%) has at one time been a victim of some form of non-incidental domestic violence. It was also demonstrated that both men and women become victims of domestic violence, and the high percentages of victimization during childhood are particularly striking. Furthermore, it turned out that domestic violence often involves a combination of physical, mental and sexual forms of violence.     

Patterns of Intimate Partner Violence Among Married Women in the Military: Type, Level, Directionality and Consequences

While separate evidence exists that married military women have high rates of both intimate partner violence victimization and aggression, little is known about the context of this violence, including the extent to which the violence committed toward and by military women is physical, psychological or sexual, whether the violence is unilateral or bi-directional, and the extent of injury sustained or inflicted. In order to gain a more multi-dimensional understanding of the violence in the lives of military women, this study involved 248 enlisted females who completed a self-report survey about themselves and their spouses’ behavior. Results indicate that the majority of violence reported was bi-directional and symmetrical in terms of type and level of severity. However, enlisted females were more than three times as likely to be victims of unilateral severe violence as their male civilian spouses. Demographic factors associated with these patterns of violence were also identified.

Effects of Partner Violence and Physical Child Abuse on Child Behavior: A Study of Abused and Comparison Children

This study tests a model of the effects on child behavioral outcome of the child's exposure to partner violence and child abuse, in children who have experienced the two forms of victimization either separately or together. Recognizing that family contextual factors play an important role in influencing child outcome, an ecological model is proposed that designates family stress as the principal exogenous factor, with effects on child outcome mediated through caretaker distress, partner violence, and child abuse. The sample consists of 100 confirmed cases of physically abused New York City schoolchildren, ages 9 to 12 years, and their families, and 100 nonmaltreated classmates, matched for gender, age, and, as closely as possible, for race, ethnicity, and socioeconomic status, and their families. Child behavioral outcome is assessed by classmates for antisocial, prosocial, and withdrawn behavior and by parents and teachers for externalizing and internalizing problem behavior. Results are generally consistent with the hypothesis that partner violence and caretaker distress, both associated with family stress, increase the risk for child abuse and thereby raise the child's risk for poor outcome. Implications of differences among raters for the model's applicability, and implications of the results for clinical intervention, are discussed.     

The Impact of Officer and Agency Characteristics on the Likelihood of Arrest in Domestic Violence Situations among Rural Law Enforcement Officers

Domestic violence cuts across all demographic groups. The factors related to why police officers arrest in some domestic violence situations but not others have been often studied. Little research, however, has been conducted on the arrest views of rural police officers. One hundred seventy line officers in six rural Midwestern counties were surveyed to determine the impact of officer personal characteristics and agency type on arrest decisions in various hypothetical domestic violence scenarios. First, the same situational factors appeared to be important in shaping the arrest decision in domestic violence calls of rural officers as have previously been found with urban officers. Second, the characteristics of officers and the type of agency had some impact on the likelihood of arrest, particularly if there was evidence of a physical assault. Third, the presence of evidence of a physical assault helped shape the arrest decisions of rural officers. Fourth, situational factors were more important than officer characteristics and the type of agency. Nancy Hogan and Shannon Barton contributed equally to the paper. The authors thank Janet Lambert for editing and proofreading the paper. The authors also thank the anonymous reviewers for their comments and suggestions.     

The Downside of Patriarchal Benevolence: Ambivalence in Addressing Domestic Violence and Socio-Economic Considerations for Women of Tamil Nadu,India

Social values and status cause diverse obstacles for escaping abuse (e.g., belief in the sanctity of marriage vs. financial necessity to stay for survival). India provides a unique opportunity to explore the interplay of status and corresponding patriarchal values in relation to the incidence of domestic violence and how it is viewed, coped with, and psychologically impacting native women. Sixty-four women of Tamil Nadu, India were surveyed. Women of higher status were found to be less likely to acknowledge abuse as a societal problem, accurately identify abuse events, and seek help or report abuse. Women who had more realistic conceptions of abuse were more likely to seek help but also likely to experience more severe psychological distress. All of the women surveyed had symptoms of post-traumatic stress disorder that were exacerbated by unsuspected variables. The implications of these findings are discussed in light of public health strategies.     

Dominance and Domestic Abuse Among Mexican Americans: Gender Differences in the Etiology of Violence in Intimate Relationships

Gender differences in dominance and aggressive behavior in intimate relationships among Mexican Americans were examined. Three hundred and sixteen Mexican American men and women took the Dominance Scale and the Conflict Tactics Scale 2 (CTS2). Results showed that power and possessiveness were associated with all types of aggressive behavior. Dominance was, however, expressed differently by men and women. High power and possessiveness were associated with all types of aggressive behavior. Decision-making power was also associated with physical assault, and high devaluation with inflicting injury among men. Among women, high power was only associated with physical assault, whereas possessiveness was associated with psychological aggression and physical assault. Devaluation was also high among women who inflicted injury on their male partners.     

Conjugal Violence in Korean American Families: A Residue of the Cultural Tradition

The study explored the incidence of spouse abuse in Korean American families and interrelations between conjugal violence, marital power structure, stress, and socioeconomic and cultural factors. Rate of conjugal violence in these families is higher than those for other Asian American families. Data were collected from 256 families selected at random. In male dominant couples, rate of severe violence, wife beating, was four times higher than that of egalitarian couples. Husbands who experienced higher levels of stress had a greater rate of assaulting their wives. Wives in egalitarian and female dominant couples experienced a lower amount of stress and shared more decision-making power than did those in the male dominant couples. The longer the couples had been in the United States and the more American education they had received, the more egalitarian and female-dominant marital relations they tended to have. The residual influence of the traditional culture, in which they lived prior to immigration, is a factor suggesting why men were more abusive than women. Cultural differences associated with conjugal violence and needs for services are discussed.     

Humiliation,Manipulation, and Control: Evidence of Centrality in Domestic Violence Against an Adult Partner

This paper describes two related studies. Study 1 is a literature review of existing adult partner domestic violence assessment scales. Results of the review revealed that the scales varied on the available amount of empirical evidence for validity and reliability. More importantly, results showed that the content of the scales focused most heavily on the physical abuse aspects of domestic violence. Study 2 is a factor analysis performed on the results of 64 items taken from the Artemis Intake Questionnaire, a clinically relevant tool constructed by treatment providers used in working with the victims of domestic violence. Results indicate that reported humiliation and blame of the victim accounted for the largest amount of variance, followed by controlling the victim, and then physical violence. Results of this factor analysis suggest that greater emphasis must be put on factors other than physical violence in the construction of future domestic violence scales.     

A Longitudinal Study of Modifying Influences in the Relationship Between Domestic Violence and Child Maltreatment

The increased risk of child maltreatment in the presence of domestic violence is well documented, but much remains unknown about factors that modify this relationship. This study investigates the roles of risk and protective factors in the relationship between domestic violence and being reported to the Department of Social Services for child maltreatment. Consistent with the literature, we find a significant overlap between domestic violence and maltreatment. Young maternal age, low education, low income, and lack of involvement in a religious community add to the risk for maltreatment associated with domestic violence. Separation between the maternal caregiver and her partner significantly reduces the risk for maltreatment when domestic violence is reported. A significant reduction in the risk for maltreatment is also found with higher levels of support from the maternal caregiver reported by the child in the context of domestic violence.     

Age Adjustment and Recall Bias in the Analysis of Domestic Violence Data: Methodological Improvements Through the Application of Survival Analysis Methods

This methodological paper presents the utility of survival analysis methods to provide age adjustment in the analysis of domestic violence data. These methods improve the estimation of lifetime probability of domestic violence, improve identification of patterns of first victimization over the lifespan, and provide methods of testing risk factors for first victimization while adjusting for the respondents' age. Most importantly, these methods allow a new investigation of recall bias. Results suggest that lifetime probability of abuse may have been substantially underestimated in previous studies because of problems in recall/disclosure encountered by middle-aged women.