Civil Protection Orders: A Flawed Opportunity for Intervention (From Woman Battering: Policy Responses, P 155-189, 1991, Michael Steinman, ed. -- See NCJ-129473)

• NCJ Number: 129481
• Author(s): P Finn
• Date Published: 1991
• Length: 35 pages
• Contract Number(s): OJP-86-C-002
• Sponsoring Agency: National Institute of Justice (NIJ); US Dept of Justice NIJ Pub
• Sale Source: Anderson Publishing Co
• Publication Type: Legislation/Policy Analysis
• Language: English
• Country: United States of America

Annotation

Although civil protection orders have not yet met their intended goal, they provide a unique opportunity to help reduce domestic violence if they are properly issued and enforced.

Abstract

A review of State and case law, telephone interviews with 12 judges and 12 victim advocates, an analysis of program documents in 2 cities, and site visits to 7 cities gathered information about the nature, use, and effectiveness of these orders. Results showed variations regarding eligible petitioners, qualifying behavior, the standard of proof, remedies for violations, and the petitioning process. Types of relief include no contact, child visitation, temporary child custody, and mandatory counseling. However, an order without enforcement offers scant protection at best and at worst reduces the victim's safety. Therefore, every community needs a coordinated effort to develop and implement a consistent enforcement policy and to achieve cooperation among the judiciary, law enforcement, the social service system, and advocacy groups. Case examples, state-by-state charts, and 13 reference notes