A Content Analysis of Civil Protection Order Statutes: What Makes Some State Statutes More Comprehensive Than Others?

2021 ◽  
Author(s):  
Alexa Bejinariu ◽  
Emily I. Troshynski ◽  
Terance Miethe
Keyword(s):  
Content Analysis ◽  
Civil Protection ◽  
State Statutes ◽  
Protection Order

Stalking State Statutes: A Critical Content Analysis and Reflection on Social Science Research

2019 ◽  
pp. 1-22
Author(s):  
Caralin Branscum ◽  
Seth Wyatt Fallik ◽  
Krystal Garcia ◽  
Breanna Eason ◽  
Kayla Gursahaney
Keyword(s):  
Content Analysis ◽  
Social Science ◽  
Social Science Research ◽  
Science Research ◽  
Critical Content ◽  
State Statutes ◽  
Critical Content Analysis

Survivor-Defined Advocacy in the Civil Protection Order Process

2019 ◽  
Vol 15 (3) ◽  
pp. 299-318
Author(s):  
John Costello ◽  
Alesha Durfee
Keyword(s):  
Domestic Violence ◽  
Decision Maker ◽  
Civil Protection ◽  
Safety Planning ◽  
Order Process ◽  
Law And Policy ◽  
Planning Meeting ◽  
Protection Order ◽  
Domestic Violence Law

This study examines how lay legal advocates meet petitioners’ extralegal and legal needs during the protection order process using survivor-defined advocacy. We conducted interviews with 20 lay legal advocates and identified four ways in which advocates provided services consistent with survivor-defined advocacy, including court accompaniment, safety planning, meeting petitioners’ extralegal needs, and centering the survivor as the decision-maker. We discuss our results in light of previous research on survivor-defined advocacy and describe the implications in the context of current domestic violence law and policy, including the need to enhance lay legal advocates’ ability to provide survivor-defined approaches in their services.

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

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.

Hate the Players, or the Game? The Role of Court Mediators and Hearing Officers in the Civil Protection Order Process

2019 ◽  
Vol 34 (4) ◽  
pp. 592-612
Author(s):  
Ava T. Carcirieri ◽  
Ruth E. Fleury-Steiner ◽  
Susan L. Miller
Keyword(s):  
Partner Violence ◽  
Quantitative Data ◽  
Civil Protection ◽  
Perceived Fairness ◽  
Related Factors ◽  
Female Survivors ◽  
Integral Role ◽  
Hearing Officers ◽  
Protection Order ◽  
Court Process

Civil Protection Orders (CPOs) are among the most common legal tools that victims of intimate partner violence and abuse (IPV/A) use to protect themselves. The current study adds to the CPO research by using quantitative data to look at how female survivors' experiences with court personnel (attorneys, mediators, and hearing officers) shape their satisfaction with the court process, and what types of individual and court-related factors are related to perceived fairness of court personnel. The current study uses in-depth quantitative data collected from women over the age of 18 who sought a CPO due to violence from a male current or former partner. The findings indicate that women's satisfaction with the court process is significantly impacted by the perceived fairness of court personnel. In turn, specific behaviors by court personnel predict women's ratings of fairness of those personnel. Additionally, women's socioeconomic status impacts how fair they perceive the hearing officers to be. Court personnel play an integral role in helping victims navigate the legal system in ways that could protect their safety and influence how they perceive the CPO system as it relates to the abuse they have experienced.

Lost in translation: experiences of ESL/LEP civil protection order petitioners

2020 ◽  
pp. 1-27
Author(s):  
Emily I. Troshynski ◽  
Alexa Bejinariu ◽  
Carolyn S. Willis
Keyword(s):  
Civil Protection ◽  
Lost In Translation ◽  
Protection Order

Exploring the Nature of Anti-trafficking Laws: A Content Analysis of State Statutes

2021 ◽  
pp. 1-15
Author(s):  
Caralin Branscum ◽  
Calli M. Cain ◽  
Seth Wyatt Fallik
Keyword(s):  
Content Analysis ◽  
State Statutes

scholarly journals Family Violence, Cross-Examination and Self-Represented Parties in the Courtroom: The Differences, Gaps and Deficiencies

2019 ◽  
Author(s):  
Tracey Booth ◽  
Miranda Kaye ◽  
Jane Wangmann
Keyword(s):  
Sexual Violence ◽  
Family Violence ◽  
Negative Impact ◽  
Sexual Offence ◽  
Civil Protection ◽  
Criminal Proceedings ◽  
Protection Order ◽  
Alleged Victim

Since the early 2000s, the ability of a self-represented litigant alleged to have used domestic and family violence including sexual violence to personally cross-examine the alleged victim of that violence has been steadily restricted or prohibited across the Australian jurisdictions. These statutory limitations recognise the traumatic and negative impact such personal cross-examination can have on the alleged victim. All Australian jurisdictions restrict such personal cross-examination in sexual offence proceedings. Many jurisdictions also impose similar limitations in proceedings for other domestic and family violence related criminal proceedings and civil protection order proceedings. This article reveals a marked unevenness in protection for alleged victims both across and within jurisdictions. The lack of consistency in approach and lack of uniformity in provisions across the jurisdictions means that not all victims of domestic and family violence are protected, and for those who are, the nature and extent of those protections differ.

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