protection order
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2021 ◽  
pp. 088626052110453
Author(s):  
Anne Groggel

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.


2021 ◽  
Vol 26 ◽  
pp. 430-443
Author(s):  
Ibrahim Kosumi

The paper analyzes and elaborates the protection from domestic violence, the subjects protected by law, the protection measures provided by law such as: lawsuit, court order, shelter of the victim, issuance of protection order, investigation, identification and responsibilities of the police on the basis of the law on the protection of victims of domestic violence. The paper will also analyze the measures taken to prevent domestic violence, strategies and efforts. Mutual police communications with the public through press releases, leaflets, leaflets, targeting negative phenomena in society, transparency on all taboo topics in the public interest but understood on the basis of legal restrictions. The paper also included research by various authors from both national and international perspectives on domestic violence. The paper uses inductive and deductive research methods, as well as analytical and comparative methods. This paper contributes to the existing scientific literature, especially the legal, criminological and victimological literature. Furthermore, this paper is likely to contribute to the work of NGOs that deal with providing victims of domestic violence, but also to the work of state bodies for the prevention of domestic violence, which is and remains a national challenge.  


2021 ◽  
pp. 161-178
Author(s):  
Marion Tillous ◽  
Thierry Delpeuch ◽  
François Bonnet

Since the 2000s, several laws have been enacted by the French parliament to make domestic violence a crime taken more seriously. Among the most important developments, a 2010 bill introduced the protection order in French law; the inter-ministerial mission for the protection of women against violence and the fight against human trafficking (MIPROF) was created in 2013, and a set of conferences between public stakeholders and NGOs took place in 2019 (the "Grenelle des violences conjugales"). In France, policies to combat domestic violence at the local level essentially rely on the setting and diffusion of two types of organisational arrangements. The first type of arrangement is a specialised domestic violence unit that is set up within a larger organisation with a more general mission, such as law enforcement agencies, hospitals, or social services. The second type of arrangement is an inter-organisational structure intended to provide a framework for partnership cooperation against domestic violence, such as social workers embedded in police stations to provide expert assistance to victims when they report domestic violence.


2021 ◽  
Vol 16 (1-2) ◽  
pp. 47-57
Author(s):  
Andreea-Elena Matic ◽  
Stefania-Cristina Mirica

The protection of the family (especially women and children) consists of important provision in both the international and internal laws of the states. Unfortunately, in Romania, the incidence of domestic violence is high, an aspect that we will highlight in our paper. In this article we aim to analyse the latest legislative changes in the field of protection order, with reference to the provisional protection order. Regarding the temporary restraining order, it is regulated by Order no. 146/2578/2018 (Minister of Internal Affairs and Minister of Labor and Social Justice, 2018) on how to manage cases of domestic violence by police officers. Through this normative act, the necessary framework was created so that the police can intervene quickly when phenomena of domestic violence are registered and to ensure the immediate protection of the victims of aggressors. The police officers assess the risk situation in each case, and it may be ordered to issue a temporary restraining order until the competent court rules on the situation created for a longer period of up to 6 months, with the possibility of extending it. We will also present some relevant cases. Over the last 10 years, the protection of the family (especially women and children) has made some important progress both in terms of legislation and practice. Unfortunately, the level of domestic violence is still significant and, in addition to the legislative measures we will refer to in the article, more measures are needed to educate the population and raise awareness of the severity of this phenomenon that affects the integrity and physical and mental development of victims.


Author(s):  
Tulkin Habibullaevich Gozibekov

The article provides a scientific analysis of some of the circumstances associated with the issuance of a protective order to women who have suffered from violence. The author highlights his views on the concept of “protective order” given by foreign and domestic scientists. An opinion is put forward about taking on a preventive record at the same time when issuing a protective order by involving representatives of the relevant authorities with the subsequent determination of the order of its strict supervision.


2021 ◽  
pp. 088626052110358
Author(s):  
Patricia Easteal ◽  
Lorana Bartels ◽  
Shannon Dodd ◽  
Jessica White

Civil protection order legislation is the primary mechanism in each of Australia’s eight jurisdictions’ system-based response to domestic and family violence (DFV). There are many differences across the states’ and territories’ legislation, with each amended numerous times since their inception in the early 1980s. The latter is exemplified by the new Australian Capital Territory (ACT) legislative framework, the Family Violence Act 2016 (ACT) (the Act), which was introduced in 2017, following a number of high-profile intimate partner homicides. The aim of the Act was to better protect those who fear, experience or witness family violence (FV). This article reflects on whether that aim is being achieved, from the perspective of those with lived FV experience. We conducted in-depth interviews with eight people who identified as having lived experience (LE) with the Act. The open-ended questions were designed to elicit their observations, experiences, and suggestions concerning the black letter provisions and their implementation. The theme of safety emerged strongly as issues were revealed, including waiting for orders to be served, their duration, the exclusion of children, limits of the definition of FV, such as the omission of cultural and technology-facilitated abuse, as well as inadequate interagency cooperation and information sharing. Their reflections highlight that, while some improvements have indeed been made, there often remains a lack of protection for victims. Drawing on these experiences, we put forward recommendations for amendments to the current regime, which may further promote victim and community safety and reiterate the importance of listening to the voices of those at the coalface of experiencing FV.


2021 ◽  
pp. 088626052110281
Author(s):  
Alexandria P. Winstead ◽  
Margaret C. Stevenson

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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