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Judicial Dispositions of Ex-Parte and Domestic Violence Protection Order Hearings: A Comparative Analysis of Victim Requests and Court Authorized Relief

NCJ Number
210567
Journal
Journal of Family Violence Volume: 20 Issue: 3 Dated: June 2005 Pages: 161-170
Author(s)
Douglas L. Yearwood
Date Published
June 2005
Length
10 pages
Annotation
This study examined domestic violence case dispositions from the viewpoint of the victim and the extent to which the courts granted relief to the victim, specifically relief or dispositions at the ex-parte proceeding and protection order hearing.
Abstract
Research on the role and response of the judicial system, prosecutorial decisionmaking, and studies which specifically examine judicial outcomes of domestic violence cases has just begun to emerge, yet still with less frequency than research on the role and response of the police. This study presents findings from a study on judicial dispositions of ex-parte orders and domestic violence protection order hearings. The research study assessed the types and nature of the relief which were petitioned by domestic violence victims at both the ex-parte proceeding and the full domestic violence protection order hearing. Victim requests for specific types of relief were contrasted with the types of relief which were granted by the courts. In addition, the study sought to ascertain if any discernable and significant differences existed within the ex-parte and domestic violence hearing protective order procedures and processes. The study demonstrates that the courts, during the ex-parte hearings, provide liberal protections to the complainant in an effort to provide the utmost protection. During the protection order hearing, the study shows that there is a more equitable resolution between the parties. The findings indicate that disparity exists between what types of relief victims request and the types of relief which are awarded by the courts. Tables, references