NCJ Number
181152
Date Published
1999
Length
19 pages
Annotation
This review of the civil aspects of domestic violence relief focuses on civil protection orders.
Abstract
It explains who is entitled to seek a protection order, typical grounds for a protection order, emergency or temporary protection orders, the nature of the remedies available, and the enforcement of protection orders. Overall, the civil domestic violence laws are helping to empower victims by providing the protection they need to leave their abusers. Battered women are now able to not only seek an order that prohibits the abuser from contacting the victim, but may also receive monetary relief, child custody, property rights, and any other relief that is essential in ending the violent relationship. Most jurisdictions today are also providing protection before the abuse escalates into an even more dangerous and violent pattern by allowing a victim to seek a civil protection order based on evidence of harassment, stalking, and emotional abuse. The authors note, however, that there are also several actions that some jurisdictions permit that can be detrimental to victims of domestic violence and are contrary to the recommendations of legal and judicial domestic violence experts. Mutual protection orders are an example of how courts can undermine the purposes of domestic violence statutes. A mutual protection order is a protection order that is issued by a court against both the abused petitioner and the abusive respondent without a prior written complaint having been filed against the petitioner or a judicial finding that the petitioner has committed any criminal act. Mutual protection orders also violate the petitioner's right to due process, because they are issued without proper notice, such as a separate petition or complaint. 65 references