“They Threatened to Call Immigration”: Challenges Faced by Civil Protection Order Applicants and Respondents

2020 ◽  
pp. 215336872092301
Author(s):  
Alexa Bejinariu ◽  
Emily I. Troshynski
Keyword(s):  
Future Research ◽  
Policy Recommendations ◽  
Court System ◽  
Child Abduction ◽  
Protection Orders ◽  
Civil Court ◽  
Parental Kidnapping ◽  
Future Research Directions ◽  
Legal Immigration ◽  
Protection Order

The current study seeks to better understand the challenges faced by immigrant applicants and respondents as they enter the civil court system for the purpose of obtaining protection orders. Structured observations of protection order hearings in a civil court are analyzed and include cases in which immigration-related issues were discussed. Through qualitative data analysis, three themes emerged. These include (1) threats of parental kidnapping and child abduction across country borders; (2) concerns over legal immigration documents; and (3) worries and/or threats of deportation. Findings suggest that battered immigrant victims have an acute vulnerability to experiencing multiple types of abuse. Implications for future research directions, policy recommendations, and strategies for improving the experiences of battered immigrants within the civil court system are also discussed.

scholarly journals The Exploitation of Indigenous Communities by Commercial Actors: Traditional Knowledge and Traditional Cultural Expression

2021 ◽  
Vol 8 (4) ◽  
pp. 91
Author(s):  
Desak Putu Dewi Kasih ◽  
Ni Ketut Supasti Dharmawan ◽  
Ida Bagus Wyasa Putra ◽  
Kadek Agus Sudiarawan ◽  
Ayu Suci Rakhima
Keyword(s):  
Traditional Knowledge ◽  
Secondary Data ◽  
Indigenous Communities ◽  
Economic Benefits ◽  
Legal Rights ◽  
Future Research ◽  
Policy Recommendations ◽  
Cultural Expression ◽  
Legal Reforms ◽  
Future Research Directions

The protection of traditional knowledge (TK) and traditional cultural expression (TCE) of underprivileged indigenous communities is threatened due to frequent exploitation attempts by commercial actors for economic benefits. The literature highlighting the legal gaps and necessities to support such legal reforms to protect those communities are scarce in the literature, which has been studied in the current research. The current study aims to provide insightful recommendations for policymakers to help protect the legal rights of underprivileged communities scattered in various parts of the world. Indonesian study setting provided a perfect case to achieve the study objectives. Using a qualitative doctrinal legal research design, the secondary data were collected, and content was analyzed using phenomenological and linguistic analysis. The results revealed that the protection of TK and TCE in Indonesia and several underprivileged communities in various countries need serious legal amendments in local legislation considering international laws.  Contextually, the Indonesian Copyright Law is inadequate to accommodate the full protection for TCE. Meanwhile, Indonesian laws that regulate traditional knowledge are overlapping and immature to protect national cultural heritage comprehensively. A new regulation is recommended to ensure that all international legal instruments related to traditional knowledge should help the community of traditional knowledge copyrights in Indonesia with affirmative action towards indigenous communities. Policy recommendations and future research directions are suggested to protect Traditional Cultural Expression and Traditional Knowledge of underprivileged communities in general and Indonesia in focus.

Men Who Seek Protection Orders Against Female Intimate Partners

Partner Abuse ◽  
2011 ◽  
Vol 2 (1) ◽  
pp. 61-75 ◽  
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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