Firearms and Protective Orders in Intimate Partner Homicides

Despite the importance of civil orders of protection as a legal resource for victims of intimate partner violence, research is limited in this area, and most studies focus on the process following a court’s initial issuance of an emergency order. The purpose of this study is to address a major gap in the literature by examining cases where victims of intimate partner violence are denied access to temporary orders of protection. The study sample included a review of 2,205 petitions that had been denied by a Kentucky court during the 2003 fiscal year. The study offers important insights into the characteristics of petitioners and respondents to denied orders and outlines individual, contextual, structural, qualitative/perceptual, and procedural factors associated with the denial of temporary or emergency protective orders. Recommendations for statutory changes, judicial education, and future research to remedy barriers to protection are offered.

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Gender and Racial/Ethnic Differences in Criminal Justice Decision Making in Intimate Partner Violence Cases

Partner Abuse ◽

10.1891/1946-6560.3.4.501 ◽

2012 ◽

Vol 3 (4) ◽

pp. 501-530 ◽

Cited By ~ 19

Author(s):

Stan Shernock ◽

Brenda Russell

Keyword(s):

Decision Making ◽

Intimate Partner Violence ◽

Criminal Justice ◽

Ethnic Differences ◽

Partner Violence ◽

Intimate Partner ◽

Empirical Literature ◽

Court Records ◽

Protective Orders ◽

Racial Ethnic

This literature review examines the existing empirical literature on gender and racial/ethnic differences in issuance of protective orders, arrest, prosecution, and simulated jury verdicts in intimate partner violence cases. An evaluation of the methodologies employed found that some studies have used surveys of reactions to simulated scenarios, others official data sources, such as police reports and court records, and others interviews or surveys of victims or suspects; but few have used triangulation of different types of sources. Most studies on differential treatment in arrest and prosecution have focused on gender and then race, whereas studies on differential decision making in the issuance of protective orders and jury decision making have focused primarily on gender. In terms of the differential criminal justice response regarding demographic categories, it appears that there is the less favorable treatment of males but more impartial treatment toward racial/ethnic minorities regarding the issuance of protection orders, arrest, and prosecution.

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Safety Strategy Use Among Women Seeking Temporary Protective Orders: The Relationship Between Violence Experienced, Strategy Effectiveness, and Risk Perception

Violence and Victims ◽

10.1891/0886-6708.vv-d-14-00003 ◽

2015 ◽

Vol 30 (4) ◽

pp. 615-635 ◽

Cited By ~ 3

Author(s):

Elizabeth M. Parker ◽

Andrea C. Gielen ◽

Renan Castillo ◽

Daniel Webster

Keyword(s):

Partner Violence ◽

Intimate Partner ◽

Strategy Use ◽

Abused Women ◽

Safety Planning ◽

Perceived Effectiveness ◽

Protective Orders ◽

Planning Strategies ◽

The Relationship ◽

Safety Strategy

This study examined safety strategy use in relation to intimate partner violence (IPV) victimization, perceived effectiveness of the strategies, and perception of danger from IPV among 197 abused women. More than 90% of the women used 1 or more strategies in the 6 months prior to their interview. Severe physical and sexual violence were significantly associated with an increased use of placating strategies. Perceived effectiveness of the strategies was high yet not associated with strategy use. Increased perception of danger from IPV was significantly associated with increased use of safety planning strategies. The findings suggest that safety planning should be tailored to fit women’s specific contexts. Safety planning discussions should focus on strategies that reduce women’s risk of continued violence and build on women’s strengths.

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Stalker Profiles With and Without Protective Orders: Reoffending or Criminal Justice Processing?

Violence and Victims ◽

10.1891/vivi.17.5.541.33713 ◽

2002 ◽

Vol 17 (5) ◽

pp. 541-553 ◽

Cited By ~ 17

Author(s):

TK Logan ◽

Amy Nigoff ◽

Robert Walker ◽

Carol Jordon

Keyword(s):

Intimate Partner Violence ◽

Criminal Justice ◽

Partner Violence ◽

Linear Trend ◽

Study Groups ◽

Intimate Partner ◽

The Other ◽

Criminal Justice Involvement ◽

Protective Order ◽

Protective Orders

Research indicates that stalking is an extension of intimate partner violence. The overall purpose of this study was to better understand stalkers by examining the association between a protective order history and the court’s processing of subsequent stalking, and to examine patterns of reoffending. This study examined a sample of 346 males who were charged with stalking in 1999 in one state. Subjects were partitioned into three groups: (1) males without protective orders; (2) males with one prior protective order; and (3) males with two or more prior protective orders. Almost two-thirds of the stalkers had a protective order against them at some point in the study, suggesting that stalking is associated with intimate partner violence. Results also found a linear trend with many of the criminal justice involvement variables and protective order history prior to 1999. Those charged with first-degree stalking were more likely to be found guilty initially, and about one-third of all three study groups had the initial felony stalking charge amended. Of those charged with second-degree stalking, only 7% of the group with two or more protective orders was initially found guilty, which was substantially less than the other two groups. And, when all the amendment dispositions were considered, there were no significant differences by group in guilty and dismissed dispositions for the index stalking charge. Further, consistent with previous criminal justice involvement, the group with two or more protective orders was more likely to have subsequent felony charges than the other two groups. Implications are discussed.

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Intimate Partner Violence and Patterns of Safety Strategy Use Among Women Seeking Temporary Protective Orders

Violence Against Women ◽

10.1177/1077801216631436 ◽

2016 ◽

Vol 22 (14) ◽

pp. 1663-1681 ◽

Cited By ~ 8

Author(s):

Elizabeth M. Parker ◽

Andrea C. Gielen ◽

Renan Castillo ◽

Daniel W. Webster ◽

Nancy Glass

Keyword(s):

Intimate Partner Violence ◽

Partner Violence ◽

Latent Class ◽

Intimate Partner ◽

Strategy Use ◽

Activity Class ◽

Effective Interventions ◽

Protective Orders ◽

Safety Strategies ◽

Low Activity

This study examined use of safety strategies, experience of violence, and perception of danger from intimate partner violence (IPV) among 197 women seeking temporary protective orders against their abusive partners/ex-partners. Latent class analysis was used to group women into classes based on their use of safety strategies. Five classes of strategy use were identified: two high-activity classes, two moderately active classes, and one low-activity class. More severe abuse, increased perception of danger, and unemployment were associated with being in the higher activity classes. More effective interventions and outreach tools are needed to help women in IPV situations.

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Effects of Intimate Partner Violence Perpetrator and Victim Race on Protective Order Determinations

Journal of Interpersonal Violence ◽

10.1177/08862605211028164 ◽

2021 ◽

pp. 088626052110281

Author(s):

Alexandria P. Winstead ◽

Margaret C. Stevenson

Keyword(s):

Intimate Partner Violence ◽

Partner Violence ◽

Sexual Offending ◽

The United States ◽

Intimate Partner ◽

Racial Minority ◽

Policy And Practice ◽

Protective Order ◽

Protective Orders ◽

Protection Order

The legal granting of temporary and permanent protective orders prohibits a perpetrator from engaging in contact with the victim. Although protective orders reduce risk of re-abuse, very little research has explored factors that predict the likelihood that a victim is granted a protective order. Thus, we conducted an archival analysis on data previously collected from a Protection Order Assistance Office in a midwestern region of the United States, testing the influence of victim and perpetrator race on protective order allocations. Specifically, we coded data gathered from 490 petitioners (i.e., victims) seeking a protective order against a perpetrator of intimate partner violence, stalking, or sexual offending. Analyses revealed that racial minority victims were significantly less likely to receive a temporary protective order compared to White victims – effects that were exacerbated when the perpetrator was White (versus racial minority). These results are in line with existing research and theory regarding aversive racism. Implications for theory, policy, and practice are discussed.

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“I Don’t Know That I’ve Ever Felt Like I Got the Full Story”: A Qualitative Study of Courtroom Interactions Between Judges and Litigants in Domestic Violence Protective Order Cases

Violence Against Women ◽

10.1177/1077801217738582 ◽

2018 ◽

Vol 24 (12) ◽

pp. 1474-1496 ◽

Cited By ~ 1

Author(s):

Cara J. Person ◽

Kathryn E. (Beth) Moracco ◽

Christine Agnew-Brune ◽

J. Michael Bowling

Keyword(s):

Decision Making ◽

Domestic Violence ◽

Intimate Partner Violence ◽

Partner Violence ◽

Intimate Partner ◽

District Court ◽

Protective Order ◽

Information Availability ◽

Protective Orders ◽

Case Files

One in three U.S. women has experienced intimate partner violence (IPV) and many seek domestic violence protective orders (DVPOs) for secondary IPV prevention. Because judges have considerable autonomy making DVPO decisions, there is a need to describe how courtroom interactions and information available to judges may influence DVPO dispositions. We conducted DVPO hearing observations and phone interviews with District Court Judges. Qualitative themes emerged that may influence judges’ decision making in DVPO hearings: case information availability, judge engagement level, and litigant credibility. Recommendations include more time for judges to review case files, IPV-related training for judges, and increased court advocate use.

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Domestic and Intimate Partner Violence

10.1093/oso/9780190630430.003.0005 ◽

2018 ◽

Author(s):

Gianni Pirelli

Keyword(s):

Intimate Partner Violence ◽

Law Enforcement ◽

Partner Violence ◽

Intimate Partner ◽

Battered Woman ◽

Professional Literature ◽

Battered Woman Syndrome ◽

High Profile ◽

Protective Orders ◽

Court Proceedings

In this chapter, the authors provide an overview of domestic (DV) and intimate partner violence (IPV) with respect to the relevant definitions, statistics, and research associated with them. First, they present various definitions and types most commonly accepted in the professional literature as well as the association with firearm misuse in these contexts. Furthermore, the authors present psychological components and theories of DV and IPV, including battered woman syndrome and its utility in court proceedings and the like. In addition, they present various high-profile DV and IPV incidents involving firearms, including those that have involved celebrities, athletes, citizens, and law enforcement personnel. Lastly, the authors review laws, regulations, and protective orders associated with DV and IPV scenarios.

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