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Civil Protection Orders: Legislation, Current Court Practice, and Enforcement

NCJ Number
123263
Author(s)
P Finn; S Colson
Date Published
1990
Length
71 pages
Annotation
This analysis of the nature, advantages, limitations, and use of civil protection orders to protect victims of domestic violence is intended to explain how county and municipal court judges can effectively use and enforce these orders.
Abstract
The discussion is also intended for use by court administrators and clerks, advocacy clerks, victim assistance programs, protective shelter staff, legislators, law enforcement administrators, and trainers. Information for the report came from an analysis of the use of these orders in 7 jurisdictions, interviews with criminal justice professionals, and a review of legislation and case law in all 50 states. Civil protection orders are legally binding court orders issued in civil proceedings in response to a written petition from the victim and prohibiting an individual who has committed an act of domestic violence from further abusing the victim. Protection orders can be issued immediately on a temporary ex parte basis. They can help provide a safe location for the victim by barring or evicting the offender from the household. They also give victims an option other than filing a criminal complaint against a family member. Forty-eight states and the District of Columbia authorize such orders by statute. Court policy guidelines, sample orders, tables, chapter notes, and appended list of State laws.