Responsive Alternatives to the Criminal Legal System in Cases of Intimate Partner Violence

Author(s):  
Leigh Goodmark
Author(s):  
Leigh Goodmark

This chapter addresses the question, what is justice, in the context of intimate partner violence (IPV) and examines the use of law and the legal system for the prevention of IPV revictimization (tertiary prevention). The chapter highlights the limitations of the law and criminal legal system for achieving justice for specific groups of IPV survivors, and the potential for this system cause further harm. The chapter considers alternatives to the traditional criminal legal response to IPV to secure justice and safety for IPV survivors.


2021 ◽  
pp. 001112872198906
Author(s):  
Alondra D. Garza

Existing critical theoretical frameworks have been useful for understanding institutional responses to intimate partner violence (IPV) among victims of Color. The present theoretical paper extends upon these earlier approaches by using a LatCrit theory and praxis lens to situate institutional responses to Latina IPV victims specifically. Through a LatCrit lens, this essay addresses three interrelated themes that address challenges for Latina IPV victims, including: racialized indeterminacy, hegemonic representation, and the criminal legal system as a racialized organization. Theoretical implications, future research, and recommendations are discussed.


2021 ◽  
Vol 27 (2) ◽  
pp. 173-195
Author(s):  
Jill Theresa Messing ◽  
Meredith E Bagwell-Gray ◽  
Allison Ward-Lasher ◽  
Alesha Durfee

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.


Author(s):  
Heather Douglas

The chapter outlines the approach and methodology of the study that underpins this book. This study draws on interviews with 65 women who have experienced intimate partner violence (IPV) and interacted with the legal system. The women were interviewed on three occasions over a 3-year period to understand how their experiences of law changed over time. This chapter also describes the characteristics of the women who took part in the study and the limitations of the study. It provides an overview of previous studies that have interviewed people over time and considers the choice of language used in this book.


Author(s):  
Heather Douglas

This chapter explores women’s interactions with judges when they appeared before them in relation to protection orders and child custody orders after experiencing intimate partner violence (IPV). Commonly women identified that judges prioritized physical violence and minimized other forms of abuse and that they seemed to align with abusers, discounting the women’s experiences of abuse. Women identified that judges often lacked preparation for hearings, rubber-stamped witness subpoenas, and failed to stop irrelevant witness examination. They explained how these approaches facilitated their partner’s misuse of the legal system as a tactic of abuse. Women also discussed how judges, especially in the family courts, prioritized fathers’ rights to contact with children over safety. However, women’s stories also demonstrated resistance to their abuser’s control over them through the courts, and their efforts to ensure the safety of their children regardless of court orders.


2021 ◽  
Vol 10 (4) ◽  
pp. 13-25
Author(s):  
Leigh Goodmark

Criminalization is the primary societal response to intimate partner violence in the US. This reliance on criminal legal system interventions ignores several unintended consequences. One of the serious unintended consequences of criminalization — perhaps the most serious unintended consequence — has been the increased rates of arrest, prosecution, conviction, and incarceration of those whom criminalization was meant to protect: victims of intimate partner violence. Criminalized survivors follow a variety of pathways into the carceral system, which fails to recognize their status as victims of violence and punishes them for failure to conform to victim stereotypes as well as for their acts.


Author(s):  
Heather Douglas

This book explores how women from diverse backgrounds interact with the law in response to intimate partner violence, over time. Every year, millions of women globally turn to law to help them live lives free and safe from violence. Women engage with child protection services and police. They apply for civil protection orders and family court orders to help them manage their children’s contact with a violent father, and take special visa pathways to avoid deportation following separation from an abuser. Women are often compelled to interact with law, through their abuser’s myriad legal applications against them. While separation may seem like a solution, it often accelerates legal engagement, providing new opportunities for continued abuse. Countless women who have experienced intimate partner violence are enmeshed in overlapping, complex, and often inconsistent legal processes. They have both fleeting and longer-term connections with legal system actors. Their stories demonstrate how abusers harness multiple aspects of the legal process, and its actors, to continue their abuse. They also highlight the regular failure of legal processes and actors to comprehend the significance of nonphysical abuse. Women show how legal system actors’ common expectation that separation is a single event, rather than a process, has implications for their connections with law and the outcomes they achieve. From time to time, the women in this study attained the safety and closure they sought from law, sometimes in circular and unexpected ways, but their narratives demonstrate the level of endurance, tenacity, and time this often required.


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