The Effects of Civil Protection Orders on Procedural Justice, System Efficacy, and Safety in Domestic Violence Cases

University Of Delaware, Newark DE

Investigators

Abstract

Civil protection orders have become a critical component of the legal system's efforts to address intimate partner abuse (IPA); they are the most common legal tool battered women use against their partners and ex-partners. The study will enhance our understanding of procedural justice theory and situated justice theory by drawing on the perspectives of victims of intimate partner abuse who use civil protection orders. Procedural justice theory suggests that if citizens view legal processes and procedures as fair, both positive and negative legal outcomes will be viewed as acceptable. Unlike prior conceptualizations of procedural justice, situated justice emphasizes the broader context of peoples' lives and how that, in turn, impacts their perceptions of the law. The perceived fairness of the process is critical to understanding both faith in and future use of the legal system. The study will draw on the experiences and decisions of women who have sought civil protection orders shortly after a hearing and again three months later. To gain a rich understanding of women's experiences, courtroom observations, researcher-administered surveys, and semi-structured interviews will all be conducted over time. The Center for Disease Control and Prevention estimates that the health-related costs of rape, physical assault, stalking, and homicide by intimate partners exceed $5.8 billion annually; of this total, nearly $4.1 billion are for direct medical and mental health care services and nearly $1.8 billion reflect productivity losses. Although increases in the number of survivors filing for orders and contacting the police will initially lead to higher costs, prior research has found that every dollar spent on protection orders in Kentucky led to a savings of $30.75. Research findings will provide court systems in Delaware and nationwide with a better understanding of the civil protection order process from the perspectives of women seeking orders, contributing to improved efficiency and effectiveness.