The denial of emergency protection: factors associated with court decision making.
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.
Jordan
Carol E
CE
Center for Research on Violence Against Women, University of Kentucky, Lexington, KY 40506-0059, USA. carolj@uky.edu
Pritchard
Adam J
AJ
Wilcox
Pamela
P
Duckett-Pritchard
Danielle
D
D000293:Adolescent; D000328:Adult; D000368:Aged; D000369:Aged, 80 and over; D019548:Crime Victims / Q000331:legislation & jurisprudence*; D004632:Emergency Medical Services / Q000458:organization & administration*; D005260:Female; D006801:Humans; D007398:Interpersonal Relations; D007629:Kentucky / Q000453:epidemiology; D035846:Law Enforcement / Q000379:methods*; D008297:Male; D008875:Middle Aged; D012742:Sex Offenses / Q000331:legislation & jurisprudence*; D013179:Spouse Abuse / Q000331:legislation & jurisprudence*; D018454:Spouses