Judicial Dispositions of Ex-Parte and Domestic Violence Protection Order Hearings: A Comparative Analysis of Victim Requests and Court Authorized Relief
Tóm tắt
This paper presents findings from a study on judicial dispositions of ex-parte orders and domestic violence protection order hearings. Findings are presented with an emphasis on delineating the types of relief which are requested by victims of domestic violence in relation to the types of relief which the courts grant. Results indicate that disparity exists between what types of relief victims request and the types of relief which are awarded by the courts. Research questions are analyzed in order to further define these discrepancies with diverse policy implications and further research issues being recommended as a result of these analyses.
Tài liệu tham khảo
Belknap, J., Graham, D. L., Hartman, J., Allen, P. G., Lippen, V., Sutherland, J., Flores, A., Kadleck, C., and Wilson, D. (2000). Factors Related to Domestic Violence Court Dispositions in a Large Urban Area: The Role of Victim/Witness Reluctance and Other Variables (Report No. 184232), National Institute of Justice, Washington, D.C.
Buzawa, E. S., and Buzawa, C. G. (1990). Domestic Violence: The Criminal Justice System Response, Sage Publications, Newbury Park, CA.
Buzawa, E. S., and Buzawa, C. G. (1996). Domestic Violence: The Criminal Justice Response (2nd edn.), Sage Publications, Thousand Oaks, CA.
Cahn, N. R., and Lerman, L. (1991). Prosecuting wife abuse. In Steinman, M. (ed.), Woman Battering: Policy resources, ACJS/Anderson monograph series, pp. 95–112.
Chaudhuri, M., and Daly, K. (1992). Do restraining orders help? Battered women’s experiences with male violence and legal process. In Buzawa, E. S., and Buzawa, C. G. (eds.), Domestic Violence, Auburn House, Westport, CT, pp. 228–252.
Crites, L. L. (1987). Wife abuse: The judicial record. In Crites, L. L., and Hepperle, W. L. (eds.), Women, the Courts and Equality, Sage, Newbury Park, CA, pp. 38–53.
Feeney, F., Dill, F., and Weir, A. (1983). Arrests Without Conviction: How Often They Occur and Why, National Institute of Justice, Washington, D.C.
Gondolf, E., McWilliams, J., Hart, B., and Stuehling, J. (1994). Court response to petitions for civil protection orders. Journal of Interpersonal Violence 9: 503–517.
Harrell, A., Smith, B., and Newmark, L. (1993). Court Processing and the Effects of Restraining Orders for Domestic Violence Victims, Urban Institute, Washington, D.C.
Moe-Wan, A. (2000). Battered women in the restraining order process: Observations on a court advocacy program. Violence against Women 6: 606–632.
North Carolina General Statutes, §50-B (1979).
Ptacek, J. (1995). Disorder in the courts: Judicial demeanor and women’s Experience seeking restraining orders. Dissertation Abstracts International 56: 1137.
Quarm, D., and Schwartz, M. D. (1985). Domestic violence in criminal court: An examination of new legislation in Ohio. In SchWeber, C., and Feinman, C. (eds.), Criminal Justice Politics and Women: The Aftermath of Legally Mandated Change, The Haworth Press, New York, pp. 29–47.
Rauma, D. (1984). Going for the gold: Prosecutorial decision making in cases of wife assault. Social Science Research 13: 321–351.
Sigler, R. T., Crowley, J. M., and Johnson, I. (1990). Judicial and prosecutorial endorsement of innovative techniques in the trial of domestic abuse cases. Journal of Criminal Justice 18: 443–453.
Syers, M., and Edleson, J. L. (1992). The combined effects of coordinated criminal Justice intervention in women abuse. Journal of Interpersonal Violence 7(4): 490–502.
Welch, D. M. (1994). Mandatory arrest for domestic abusers: Panacea or perpetuation of the problem of abuse? DePaul Law Review 43: 1133–1164.