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.     

Dating Violence Victimization,Relationship Satisfaction,Mental Health Problems,and Acceptability of Violence: A Comparison of Men and Women

Two of the most common reported consequences of dating violence are its impact on the victim’s satisfaction with their romantic relationship and its impact on the victim’s mental health. Recent research suggests that the strength of these relationships may be moderated by the degree to which the dating violence is acceptable to the victim. However, studies of these relationships have been limited to samples of women. The purpose of the present research was to examine the relationships among dating violence victimization, relationship satisfaction, mental health problems, and acceptability of violence for a sample that includes not only female victims, but also male victims. Using a sample of 155 male and 417 female college students, hierarchical regression analyses found that dating violence victimization is associated with relationship satisfaction and mental health problems for both men and women. For men, acceptability of violence moderated the relationship between dating violence victimization and the mental health problems of depression, anxiety, and somatization. For women, acceptability of violence moderated the relationship between dating violence victimization and relationship satisfaction only.

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.

The Family Court–Based Stepping Stones Model of Triage: Some Concerns About Safety,Process, and Objectives*

This article critically evaluates the recommendation that family court–based mandatory mediation incorporated in a tiered service delivery model be replaced by a mandatory screening process incorporated in a stepping stones triage model in which couples are matched with an appropriate conflict resolution proceeding. My conclusion is that implementation of this recommendation should be made contingent upon the willingness of its advocates to address concerns with the safety, process, and objectives as described herein.

Key Points for the Family Court Community:
• Domestic violence screening should be incorporated in the larger triadic process of screening–risk assessment–risk management.
• A Safety First Rule should be followed in screening couples into or out of conflict resolution proceedings.
• Screening decisions must be grounded in an empirically validated method of matching couples with appropriate conflict resolution proceedings.
• Causal mechanisms must be included as items in any risk assessment instrument used in family courts.

     

The Nature and Correlates of Dating Violence among Jewish and Arab Youths in Israel

The objectives of this research were to assess the prevalence and severity of dating violence among Jewish and Arab, male and female Israeli youths, to examine the sociodemographic variables related to dating violence among Israeli adolescents, and to assess whether the variables correlated with dating violence differ among Jewish and Arab, male and female youths. The random sample consisted of 1357 students (640 Jewish and 717 Arab youths). We used five types of dating violence measures: threatening, relational, physical, sexual, and verbal abuse. The principal finding is that dating violence is very high among Israeli youths, especially among Arabs. Males show higher mean scores of dating violence, but females are involved in every type of dating violence. The discussion attempts to explain the differences between the two cultures and genders, and considers the theoretical and practical implications of the results.     

Introduction

Abstract

Dating violence is prevalent among Hispanic adolescents, yet few incidents are reported to the police. This research explored the severity of adolescent definitions as one potential reason for its under-reporting. It was expected that some adolescents might define only the most severe violence as “dating violence” and as a consequence these incidents are under-reported. Hispanic adolescent definitions of dating violence were examined along with factorsgeneral acceptance of dating violence, peer support of dating violence, acculturation, victimization experience, and sex-that might be related to the construction of these definitions. Acculturation, victimization experience, and sex were found to significantly contribute to the severity of adolescent definitions.     

Does Level of Intimate Partner Violence and Abuse Predict the Content of Family Mediation Agreements?

This study investigated whether reported levels of intimate partner violence (IPV) and/or abuse (IPV/A) victimization are related to reaching agreement and to the content of mediation agreements of parties seeking to resolve family‐ and child‐related issues. Whether or not parties reached agreement was analyzed for 105 cases at a law school mediation clinic. Agreement content was coded for the 71 cases that reached agreement. Levels of IPV and IPV/A were determined separately for males and females, using a standardized measure. Regression models were utilized to examine reports of IPV or IPV/A as predictors. Results indicated that mediation may help families with a reported history of IPV and IPV/A address a variety of concerns; levels of partner violence/abuse predicted numerous issues in mediation agreements, including arrangements regarding legal custody, parenting time, holidays, child exchanges, interparental communication, safety restrictions, counseling referrals, child support, financial arrangements, and other miscellaneous topics (e.g., relocation). However, some findings were consistent with concerns raised about the use of mediation with parties reporting IPV and IPV/A; for example, increasing levels of male‐perpetrated IPV/A predicted increased likelihood of making an agreement to share legal custody. Further research is needed to resolve the longstanding debate of whether divorce mediation is an effective and safe process for parties demonstrating IPV/A.

Key Points for the Family Court Community
• This study adds to the debate of whether divorce mediation is an effective and safe process for parties demonstrating IPV/A.
• It examines whether reported levels of IPV and IPV/A victimization are related to reaching agreement and to the content of mediation agreements of parties seeking to resolve family‐ and child‐related issues.
• Results provide some evidence that mediation may help families with a reported history of IPV and IPV/A address a variety of concerns.
• However, some findings are consistent with concerns raised about the use of mediation with parties reporting IPV and IPV/A.
• Findings have implications for the practice of family mediation with parties reporting a history of IPV or IPV/A.

     

Prosecution decisions in cases of domestic violence involving children

Increasing attention is being paid to the problem of children as the secondary victims of domestic violence. It is now well documented that children suffer as a result of domestic violence. However, it has yet to be shown how, if at all, the presence of children as direct or indirect victims influences the decision-making of the police and prosecutors in those cases of domestic violence which enter the criminal justice process. The findings of an empirical study of the Crown Prosecution Service (CPS) that shed light on this issue are discussed in this article. The research, which combined an analysis of case files with observations and discussions with prosecutors, suggests important differences between the approach of the police and CPS lawyers.     

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.     

Does Acceptability of Violence Impact the Relationship Between Satisfaction,Victimization, and Commitment Levels in Emerging Adult Dating Relationships?

This study examined the impact of acceptability of violence on dating violence victimization, relationship satisfaction, and relationship commitment. A survey administered to a sample of 155 male and 417 female college students showed that relationship satisfaction was significantly associated with relationship commitment, but that dating violence victimization was not. Moreover, acceptability of violence emerged as a significant moderator of the relationship between satisfaction and commitment in dating relationships when gender differences were assessed. Discussion of these findings and future research are included.

INCREASING THE PROPORTION OF DOMESTIC VIOLENCE ARRESTS THAT ARE PROSECUTED: A NATURAL EXPERIMENT IN MILWAUKEE*

Research Summary: Mandatory and pro‐arrest policies in domestic violence incidents have increased strains on prosecutorial and court resources. They have also brought to prosecutors many cases in which victims never wanted batterers charged and prosecuted. Prosecutors are faced with the dilemma of (a) screening out difficult cases up front and expending resources on fewer but more winnable case or (b) prosecuting a larger number of cases as adequately as resources will allow. We studied a natural experiment that resulted when the Milwaukee prosecutor liberalized his screening policy to double the number of domestic violence case filings. After the new screening policy was implemented, time to disposition doubled, convictions decreased, the prevalence of pretrial crime increased, and victim satisfaction declined. Policy Implications: The results do not support the idea that domestic violence cases can be readily prosecuted without regard for victim desires. To commit to such a policy would require a substantial commitment of additional staff, resources to collect additional types of evidence, and a willingness to try a substantially larger number of cases.     

A Systematic Approach to Domestic Abuse–Informed Child Custody Decision Making in Family Law Cases

This article introduces an approach to domestic violence–informed decision making developed under the auspices of the National Child Custody Differentiation Project, a cooperative undertaking among the Battered Women's Justice Project, the Association of Family & Conciliation Courts, the National Council of Juvenile & Family Court Judges, Praxis International, and the U.S. Department of Justice Office on Violence Against Women. This approach has four essential elements: (1) identifying domestic abuse; (2) understanding the nature and context of domestic abuse; (3) determining the implications of abuse; and (4) accounting for the nature, context, and implications of abuse in all custody‐related recommendations and decisions.

Key Points for the Family Court Community:
• Applying a systematic approach to domestic violence can help practitioners identify, understand, and account for abuse in family law cases.
• The approach recommended here is suitable for use by anyone who is involved in a contested child custody case at any stage of the proceeding.
• The specific application of the recommended approach will vary depending upon the practitioner's role and function in the case, relationship to the parties, and access to information, as well as the nature of the proceeding and the issues to be decided.

     

Black and Blue Bloods: Protecting Police Officer Families from Domestic Violence

Officer‐involved domestic violence (OIDV) is a national problem, with police officer families having higher rates of domestic violence than non–police officer families. OIDV is also an underresearched problem with few studies or proposed solutions. Many victims of OIDV do not report their abuse precisely because their abuser is a police officer, whom they fear is in a unique position to protect him/herself from any legal consequences. Often, OIDV complaints are not investigated properly in a nonbiased manner. While a handful of police agencies around the country have developed specific policies and procedures to deal with OIDV, Washington State has enacted legislation that requires its police agencies to adopt OIDV‐specific policies. The International Associations of Chiefs of Police (IACP), an organization that addresses various issues confronting law enforcement, has also developed a model policy on OIDV. This Note proposes that, in light of the Washington legislation and the model policy proposed by the IACP, each state should enact a statute that requires its police agencies to develop policies on OIDV. This Note also outlines a specific set of procedures that such statutes should, at a minimum, require its police agencies to adopt, ranging from educating police officers on domestic violence to developing guidelines on responding to and investigating OIDV complaints.     

The relationship between social support and adolescent dating violence: a comparison across genders

Although much research has focused on the function of social support in adult intimate partner violence, little is known about the role of social support in adolescent dating violence. This study is an exploratory analysis of the independent impact of social support from friends and family on the risk of adolescent dating violence perpetration and victimization among a large sample of youth (n = 970). Approximately, 21% of the sample reported experiencing victimization in a dating relationship whereas 23% indicated perpetrating dating violence. Male youth reported significantly more involvement in dating violence as both perpetrators and victims. Negative binomial regression modeling indicated that increased levels of support from friends was associated with significantly less dating violence perpetration and victimization; however, when gendered models were explored, the protective role of social support was only maintained for female youth. Family support was not significantly related to dating violence in any model. Implications for dating violence curriculum and future research are addressed.     

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.

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.     

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.     

Attitudes of Men and Women Towards Wife Beating: Findings From Palestinian Refugee Camps in Jordan

The aim of this study is to investigate the factors associated with the acceptance of wife beating among currently married men and women living in disadvantaged Palestinian refugee camps in Jordan. The study uses data from a cross-sectional survey of 3,100 households from 12 refugee camps, conducted in 1999, with a sub-sample of 395 married women and men selected for this analysis. Associations between acceptance of wife beating and experience of abuse as well as other risk factors are assessed for men and women separately, using χ ² tests and odds ratios from binary logistic regression models. The majority of men (60.1%) and women (61.8%) believe that wife beating is justified in at least one of the eight hypothetical marital situations presented to them. Among women, those that had been victims of intimate partner violence are significantly more likely to report acceptance of wife beating. Among men, acceptance of wife beating is also significantly associated with their current age, labor force participation, their view on women’s autonomy, and their own history as perpetrators of IPV. The majority of respondents justify wife beating in this context, with essentially no difference between men and women. Acceptance of wife beating by both men and women was strongly associated with previous experiences of wife beating adjusting for other risk factors.     

The Incidence and Impact of Family Violence on Mental Health Among South Korean Women: Results of a National Survey

This representative national survey examined incidence of husband-to-wife violence in the past year, lifetime exposure to parental violence, and the relationships between victimization experiences of family violence and mental health among South Korean women (N = 1,079). The major findings were that incidence rate of husband-to-wife violence among Korean women was 29.5%, which was much higher than those of other nations, and that their experiences of physical violence by husbands in the last year and lifetime verbal abuse by parents had strong associations with the mental health of victims. The findings suggest that preventive intervention programs for male perpetrators as well as domestic violence victims with mental health problems and comprehensive interventions for Korean couples are urgently needed. In addition, parents should be educated about how to modify their children’s behavior without physical punishment or verbal abuse.

Empathic Deficits Among Male Batterers: A Multidimensional Approach

Although recent literature has focused considerable attention on the link between empathic deficits and violence in studies of childhood aggression and sexual assault, relatively few studies have directly examined the relationship of empathic deficits to domestic violence. This study examined a multimodal construct of empathy as proposed by M. H. Davis (1980) and it's relationship to frequency of various types of intimate partner violence in a sample of domestically violent male perpetrators (n = 104). Preliminary results suggest that multiplicative patterns of empathic ability correspond to different types of violence. Moreover, patterns of empathic ability were more useful in predicting various expressions of intimate partner violence than were the empathic factors when considered individually.