Outcomes of Civil Protective Orders

Charles L. Diviney · Asha Parekh · Lenora M. Olson

24 citations0/0 files storedJournal of Interpersonal Violence

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Intimate Partner and Family Violence Criminal Law and Policy Criminal Justice and Penology

Abstract

This study compares final sentencing decisions ordered by judges to federal and state sentencing guidelines for protective order violations. The authors reviewed violations that were pled before the largest district court in Utah and found that in the majority of cases, defendants were not sentenced in accordance with federal and state guidelines. Although state guidelines mandate defendants who violate a protective order to attend a batterer intervention program, less than one fourth of defendants were sentenced to attend such programs. Fewer than half of the defendants were arrested and incarcerated, as opposed to the 100% mandated by state sentencing guidelines. Federal guidelines mandate that all defendants be ordered to surrender firearms, but only six defendants were given that order. This study shows that the judicial system could be more aggressive in improving the safety of victims of intimate partner violence by using the full extent of the sentencing guidelines.

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References

2002Health consequences of intimate partner violence 2000Full Report of the Prevalence, Incidence, and Consequences of Violence Against Women 2003Risk Factors for Femicide in Abusive Relationships: Results From a Multisite Case Control Study 2004Does batterers' treatment work? A meta-analytic review of domestic violence treatment n.d.Extent, nature, and consequences of intimate partner violence /1993Women, Violence and Social Change.1991Domestic Violence: The Criminal Justice Response.2003Women, Violence and Social Change

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2011More Than a Piece of Paper? Protection Orders as a Resource for Battered Women 2016Calling the Shots: How Family Courts Address the Firearms Ban in Protection Orders 2021Firearm-related Abuse and Protective Order Requests Among Intimate Partner Violence Victims 2021Effects of Intimate Partner Violence Perpetrator and Victim Race on Protective Order Determinations 2018Civil Protection Orders and their Courtroom Context: the Impact of Gatekeepers on Legal Decisions

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