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8 Cards in this Set
- Front
- Back
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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. |
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Civil Protection Orders |
Court order. Bars individual who committed an act of DV from further harmful contact with the victim.
Victim petitions the court. |
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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
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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. |
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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. |
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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. |
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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). |
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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. |
