Legal Consciousness and Intimate Partner Violence Survivors’ Perceptions of Protection Order Violations

Protection orders (POs) are one legal system resource available to survivors of intimate partner violence. Many survivors choose not to obtain a PO, yet prior research has not examined the perspectives of these survivors. This study examined the open-ended survey responses ( n = 308) regarding the choice not to obtain a PO by survivors residing in emergency shelters in the United States. Content analysis indicated that many survivors made deliberate decisions to not seek safety through this venue. Survivors indicated that a PO may increase their partner’s violence, identified substantial barriers, evaluated a PO as unnecessary, preferred alternative strategies, were dealing with complex partner dynamics, and chose to protect their loved ones by not seeking a PO. Women with marginalized identities, in particular, indicated that there are multiple costs to seeking interventions within the legal system. Structural changes are needed within the legal system to facilitate access to justice for survivors.

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Gender, Protection Orders, and Intimate Partner Violence in Later Life: A Study of Protective Order Filings in Arizona

Journal of Interpersonal Violence ◽

10.1177/0886260519884688 ◽

2019 ◽

pp. 088626051988468 ◽

Cited By ~ 1

Author(s):

Alesha Durfee ◽

Leigh Goodmark

Keyword(s):

Older Adults ◽

Intimate Partner Violence ◽

Partner Violence ◽

Elder Abuse ◽

Later Life ◽

Intimate Partner ◽

Protective Order ◽

Protection Orders ◽

Forms Of Violence ◽

Protection Order

Most analyses of domestic violence and older adults focus on abuse by children and non-intimate caregivers. However, a significant percentage of elder abuse is perpetrated by an intimate partner. This article addresses a gap in the current literature on elder abuse by addressing how older survivors of intimate partner violence use the legal system as a tool to achieve safety by filing for a civil protection order. We critically examine 607 Arizona protection order filings in 2015, comparing those petitions filed by adults 50 and older ( n = 83) with those younger than 50 ( n = 524). We find significant differences in the forms of violence described in the protection order petition, as well as the types of relationships between the petitioner and respondent, the likelihood that an order will be issued, and the provisions requested and granted. Most importantly, gender is a critical component of our analysis—older petitioners are far more likely to be men than younger petitioners, and both petitions and outcomes are very different for older men than for older women. These results are then discussed in the context of the dynamics of older relationships, current firearm laws, and the barriers older adults face when attempting to use resources intended to help survivors achieve safety.

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Protection Order Use Among Latina Survivors of Intimate Partner Violence

Feminist Criminology ◽

10.1177/1557085116678924 ◽

2017 ◽

Vol 12 (3) ◽

pp. 199-223 ◽

Cited By ~ 6

Author(s):

Jill Theresa Messing ◽

Sujey Vega ◽

Alesha Durfee

Keyword(s):

Domestic Violence ◽

Intimate Partner Violence ◽

Mixed Methods ◽

Partner Violence ◽

Intimate Partner ◽

Mixed Methods Study ◽

Multiple Systems ◽

The Impact ◽

Latina Survivors ◽

Protection Order

This mixed-methods study examines the impact of immigration status on the ability of Latina survivors of intimate partner violence (IPV) to file for and obtain a domestic violence protection order. Undocumented Latinas living in shelters are less likely to know what a protection order is or how to obtain one. At the same time, undocumented Latinas are more likely to believe that their partner would follow an order and that police would arrest their partner for a violation. Latina survivors of IPV live at the nexus of multiple systems of oppression; therefore, understanding their experiences using an intersectional framework is critically important.

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Sexual Assault and Other Types of Intimate Partner Violence in Women With Protection Orders in Vhembe District, South Africa

Violence and Victims ◽

10.1891/0886-6708.vv-d-13-00008 ◽

2014 ◽

Vol 29 (5) ◽

pp. 857-871 ◽

Cited By ~ 3

Author(s):

Supa Pengpid ◽

Karl Peltzer

Keyword(s):

South Africa ◽

Intimate Partner Violence ◽

Sexual Assault ◽

Partner Violence ◽

Psychological Abuse ◽

Physical Violence ◽

Total Sample ◽

Intimate Partner ◽

Vhembe District ◽

Protection Order

The aim of this study was to assess the prevalence and correlates of sexual assault in the context of intimate partner violence in a sample of women receiving a protection order in South Africa. In all, 268 women (18 years of age and older) consecutively receiving a protection order in the Vhembe District in South Africa were assessed by an external interviewer. Results indicate that from the total sample, 40.7% reported sexual assault, one or more times, during the relationship in the past 3 months; 58.2% reported stalking by the intimate partner; and almost all reported some form of psychological abuse (94.0%), physical violence (93.7%), and danger (99.3%). In all, 37% reported psychological, physical, and sexual violence. In multivariate regression psychological abuse, physical violence and stalking were found to be associated with sexual assault.

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A Mixed-Method Approach to Understand Themes of Love in Victims’ Dismissals of Civil Protection Orders

Journal of Interpersonal Violence ◽

10.1177/08862605211045336 ◽

2021 ◽

pp. 088626052110453

Author(s):

Anne Groggel

Keyword(s):

Intimate Partner Violence ◽

Partner Violence ◽

Methodological Approach ◽

Romantic Love ◽

The United States ◽

Intimate Partner ◽

Civil Protection ◽

Legal Intervention ◽

Protection Orders ◽

Protection Order

Domestic violence protective orders are the most widely used intimate partner violence-related legal intervention in the United States, yet many victims later ask to have these orders dismissed. This article uses a mixed-methods approach to examine the conditions that help explain why victims of intimate partner violence dismiss their protection orders. Quantitative findings from 841 civil protection order cases show that victims who need protection the most are the most likely to seek dismissals. Victims who experienced recent or physical abuse were significantly more likely to dismiss their protection orders. Qualitative findings from 200 dismissal requests reveal that victims reference common themes of loving the abuser, that the abuser is a good parent, that the abuser is seeking treatment, or that they desire to save the relationship. Victims draw from broad romantic rationalizations when describing their decision to drop a protection order from the court. Building upon insights from constructs of romantic love, this study highlights how the rationalizations victims invoke in their dismissal requests are also associated with their experiences of abuse. A mixed methodological approach reveals a significant contrast between the language in victims’ petitions and their dismissal requests. Victims voiced fear and violence in their petitions for protection orders, then employed meanings of romantic love, reconciliation, and change when requesting that these temporary protection orders be dropped. This contrast reflects the cyclical nature of abuse and suggests that greater attention must be paid to ensuring court officials have a strong understanding of the complexities of victim attrition.

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Men Who Seek Protection Orders Against Female Intimate Partners

Partner Abuse ◽

10.1891/1946-6560.2.1.61 ◽

2011 ◽

Vol 2 (1) ◽

pp. 61-75 ◽

Cited By ~ 3

Author(s):

Marie Mele ◽

James C. Roberts ◽

Loreen Wolfer

Keyword(s):

Intimate Partner Violence ◽

Partner Violence ◽

Emotional Abuse ◽

Intimate Partner ◽

Future Research ◽

Intimate Partners ◽

Protection Orders ◽

Custody Of Children ◽

Protection Order

Whereas intimate partner violence (IPV) perpetrated by men against women has been studied at length, relatively little attention has been given to violence perpetrated by women against their male intimate partners. This study represents one of relatively few attempts to better understand the experiences of male IPV victims. Specifically, this study explored the characteristics of men who obtain and withdraw a protection order against a female intimate partner, in comparison to those men who obtain and do not withdraw the order. We also looked at the reasons men cite for obtaining and withdrawing a protection order and the types of relief granted by the court. Findings from this study revealed that men who requested protection from abuse (PFA) against female intimate partners experienced a pattern of victimization prior to their requests for protection, including physical, psychological, or emotional abuse. Although, each of these men sought and was granted a “no abuse, stalk, or threaten” order, few of them were able to obtain temporary custody of children they had in common with the defendant, nor were they successful in getting defendants evicted from the home or getting the court to order defendants to relinquish their firearms. A comparison of men who withdrew their PFAs to those who did not withdraw them suggested that men who did not withdraw their PFAs perceived their abusive situations as being more serious. Implications for future research are discussed.

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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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