NCJ Number
198810
Journal
Juvenile and Family Justice Today Volume: 11 Issue: 4 Dated: Winter 2003 Pages: 15-16
Date Published
2003
Length
2 pages
Annotation
This is the second article in a series about the contributions the Model Code has made on legislation relevant for domestic violence cases.
Abstract
This article focuses on the changes made to State requirements for civil protection orders and the impact these changes have had on victims of domestic violence. The author explains that prior to 1995, States varied on requirements for obtaining civil protection orders. Specifically, the requirements regarding filing fees, available remedies, and duration of protection orders varied across jurisdictions and often placed undue burden on victims of domestic violence. The Model Code made recommendations for legislative changes that would better serve battered women seeking protection from their abusive partners. Prior to the recommendations put forth in the Model Code, some States required a filing fee to issue a protection order. This requirement often placed undue strain on victims of domestic violence who might not have access to funds. Now, more than 40 States have passed statutes prohibiting the collection of filing fees for protection orders. Secondly, the Model Code recommended that many forms of relief by available to victims of domestic violence, freeing judges to tailor court orders to specific cases. Finally, the Model Code recommended that no duration limits be placed on protection orders because the safety of the victim is often not quantifiable in terms of weeks or months. In conclusion, the author notes that while not all States have adopted the recommendations made in the Model Code, its significance in promoting the safety of victims of domestic violence has been far-reaching.