Court Response to Petitions for Civil Protection Orders

Abstract

Civil protection orders offer abused women a legal means to maintain their residences apart from the abuser and exert some autonomy in their relationships. The implementation of protection order statutes remains, however, largely unclear. Court records were examined for 200 petitioners randomly selected from 674 petitions for protection orders filed in one Pennsylvania county court during the year 1990. Court dockets, court petitions, and protection orders were coded for petitioner background, court factors, case disposition, and protective provisions. Approximately three quarters (76%) of the petitioners did receive a final protection order. In the majority of cases not receiving a protection order, the petitioners withdrew or dropped their petitions. The final protection orders limited the batterer's contact in some way and prohibited his future acts of abuse. However, the provisions regarding restricted contact, child custody and visitation, financial support, and property allocation were much less extensive than requested. Relevant background factors and court factors were not significantly associated with the outcome of the case, except for being in a marriage relationship. While protection orders were liberally granted, the provisions for the orders appeared inadequate to ensure separation from the abuser, given the low financial status of many petitioners and the abuser's visitation or joint custody of the children. Means to ensure more extensive and more comprehensive provisions may be needed.