Article
The Denial of Emergency Protection: Factors Associated with Court Decision Making
Violence and Victims
(2008)
Abstract
Despite the importance of civil orders of protection as a legal resource for victims of intimate partner violence, research is limited in this area, and most studies focus on the process following a court’s initial issuance of an emergency order. The purpose of this study is to address a major gap in the literature by examining cases where victims of intimate partner violence are denied access to temporary orders of protection. The study sample included a review of 2,205 petitions that had been denied by a Kentucky court during the 2003 fiscal year. The study offers important insights into the characteristics of petitioners and respondents to denied orders and outlines individual, contextual, structural, qualitative/perceptual, and procedural factors associated with the denial of temporary or emergency protective orders. Recommendations for statutory changes, judicial education, and future research to remedy barriers to protection are offered.
Keywords
- protective orders,
- civil justice,
- intimate partner violence,
- legal system
Disciplines
Publication Date
2008
Citation Information
Carol E. Jordan, Adam J. Pritchard, Pamela Wilcox and Danielle Duckett-Pritchard. "The Denial of Emergency Protection: Factors Associated with Court Decision Making" Violence and Victims Vol. 23 Iss. 5 (2008) Available at: http://works.bepress.com/caroljordan/14/
The manuscript provided, in accordance with publisher copyright rules, is the authors' postprint version.