Civil Protection Orders: A Viable Justice System Tool for Deterring Domestic Violence

1994 ◽  
Vol 9 (1) ◽  
pp. 79-84 ◽  
Author(s):  
Susan L. Keilitz
Keyword(s):  
Domestic Violence ◽  
Justice System ◽  
Low Cost ◽  
Civil Protection ◽  
Legal Representation ◽  
Protection Orders ◽  
Effective Form ◽  
Custody Of Children ◽  
Civil Protection Orders ◽  
Protection Order

The prevalence and severity of domestic violence have illuminated the need for effective justice system responses to this pernicious phenomenon. A remedy that all states now provide is the civil protection order, but the forms of relief available, duration of orders, and processes for obtaining them vary from state to state. Examples of types of relief include prohibitions against further abuse and contact with the protected person; eviction from the residence; and temporary custody of children. Studies of civil protection orders suggest that they can be an effective form of relief if the justice system takes affirmative steps to increase their power, including screening petitioners to identify those who need more elaborate safety plans; provision of specific and comprehensive orders and low cost and effective service of them; stringent enforcement of orders by law enforcement and the court; and linkages from the court to advocacy services, shelters, legal representation, and other services.

The Hague Conference on Private International Law and Protection of Person from Violence (Provision of Security of Women and Children)

10.12737/4826 ◽  
2014 ◽  
Vol 2 (7) ◽  
pp. 76-81
Author(s):  
Наталия Доронина ◽  
Nataliya Doronina ◽  
Наталия Марышева ◽  
Nataliya Maryshyeva
Keyword(s):  
Domestic Violence ◽  
International Law ◽  
Working Group ◽  
Group Discussion ◽  
Interpersonal Behavior ◽  
Private International Law ◽  
Civil Protection ◽  
Protection Orders ◽  
The Hague ◽  
Civil Protection Orders

The Agenda of the Hague Conference on Private International Law includes working group discussion of a problem of recognition and enforcement of foreign civil protection orders. Civil protection orders is a legal instrument which is usually used in domestic violence cases. Domestic violence may take different forms of harmful interpersonal behavior. The authors analyze foreign legislation in this sphere of relations, compares it with the Russian legislation and come to the conclusion that it is necessary to broaden the international legal assistance in this sphere. For this purpose the Russian legislation may be accomplished with the institute of civil protection orders, which is now absent in the Civil Process Code. From that point of view the participation of the Russian Federation in the Hague Conference on Private International Law working group seems to be useful both for international relations and Russian legislation because the problem of protection against domestic violence is now being discussed by the Russian specialists in criminal law.

Who are the Respondents of Domestic Violence Protection Orders?

2000 ◽  
Vol 33 (1) ◽  
pp. 77-90 ◽  
Author(s):  
Anna Stewart
Keyword(s):  
Domestic Violence ◽  
Criminal History ◽  
Demographic Characteristics ◽  
Protection Orders ◽  
Violent Criminal ◽  
Couple Violence ◽  
Criminal Histories ◽  
Married Men ◽  
Economic Background ◽  
Protection Order

This study examined a sample of both male and female respondents of applications for domestic violence protection orders in Queensland, Australia. The socio-demographic characteristics and criminal histories of respondents of only one domestic violence protection order (DVPO) application were compared with respondents of multiple DVPO applications. No differences were found between the groups in socio-economic background or ethnicity. The respondent's gender, marital status, and criminal history discriminated among respondents. Females were respondents on only one DVPO application. Respondents on cross applications were more likely to be married. Men who were respondents on multiple DVPO applications were more likely to have non-spousal violent criminal histories than men involved in only one protection order application. However, Indigenous people and people from disadvantaged areas were over-represented in the sample. These results of this study provide support for Johnson's (1995) concept of two distinct forms of couple violence. The implications of these findings for understanding the nature of domestic violence and managing violent offenders are discussed.

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.

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