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Domestic Violence
A pattern of attempts to exercise coercive control over an intimate partner.
Physical violence, including sexual, often coupled with emotional abuse. Increased risk of violence/death when they try to leave.
Civil Protection Orders
Court order. Bars individual who committed an act of DV from further harmful contact with the victim.
Victim petitions the court.
Temporary and Permanent Orders
Temporary: Most states allow victims to do this first; short term ex parte order that is emergency injunctive relief. Can be obtained without advance notice to batterer.
Permanent: Entered only after abuser has notice and opportunity to be heard, and the court finds cause for the order. Several weeks– 1+ years
Schultz (standard for CPO's)
CPO denied on evidentiary technicality, petitioner didn't specifically name her husband. Standard is preponderance of the evidence establishes DV, and that R is a credible threat to P. Overturned, CPO granted.
Effectiveness of Orders
Battered women who obtained orders experienced 80% reduction in violence over next year, most feel safer.
But only as good as R's compliance and enforcement mechanisms.
Castle Rock (Constitutional Entitlement to Police Enforcement)
HELD: There is no protected constitutional entitlement to enforcement of a CPO by the state police department arising from the DP clause.
Criminal Justice Response: Arrest and Prosecution
Arrest: Historically, cops reluctant to arrest for DV. But new, mandatory arrest policies have caused a marked increase.
Prosecution: Arrests up, as well as prosecution. Some prosecutors have no-drop policies for DV (its their discretion, not victim's, whether to prosecute).
Wissick (DV impact on custody determinations)
Dad abused Mom, but not directly daughter even though she witnessed. Daughter wanted to live with dad and it was granted (contrary to majority rule), mom appealed. HELD: Abuse should not be the only determining factor. But where there are years of DV, denied by child + express desire to live with abuser, Court should have ordered a psychological evaluation.
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