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Article
The Denial of Emergency Protection: Factors Associated with Court Decision Making
Violence and Victims (2008)
  • Carol E. Jordan, University of Kentucky
  • Adam J. Pritchard, University of Kentucky
  • Pamela Wilcox, University of Cincinnati - Main Campus
  • Danielle Duckett-Pritchard
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
Publication Date
2008
Publisher Statement

The manuscript provided, in accordance with publisher copyright rules, is the authors' postprint version.

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/