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NCJ Number: 210567 Find in a Library
Title: Judicial Dispositions of Ex-Parte and Domestic Violence Protection Order Hearings: A Comparative Analysis of Victim Requests and Court Authorized Relief
Journal: Journal of Family Violence  Volume:20  Issue:3  Dated:June 2005  Pages:161-170
Author(s): Douglas L. Yearwood
Date Published: June 2005
Page Count: 10
Type: Report (Study/Research)
Format: Article
Language: English
Country: United States of America
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
Main Term(s): Domestic assault
Index Term(s): Court orders; Discretionary decisions; Judicial decisions; Judicial discretion; Prosecutorial discretion; Restraining orders
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