Defending Individuals Charged With Domestic Assault and Battery

Abstract

This chapter provides an overview of research and practices related to the process of obtaining civil orders of protection, used (mostly) by adult victims of domestic battery/violence. In general, orders of protection are designed to prevent, by threat of imprisonment, any further physical contact or even communication by the abuser toward a victim. These protection orders are a civil remedy, obtained not in a criminal court, but instead from a domestic relations judge, who can enter a temporary protection order within hours. Available in all 50 states, recent studies reveal that, many times, alleged victims seek civil protection orders in lieu of reportingIntroduction 233 Statistical Examination 234 Types of Injunctions 235 Seeking Assistance and Filing the Petition 236 Ex Parte Review 238 Formal Hearing 242 Final Injunctions 245 Enforcement 246 An Abuse of Process? 247 Conclusion 248 References 248 Cases Cited 249 Statutes and Other Authorities 249the violence to law enforcement (Keilitz, Hannaford, & Efkeman, 1997, p. 12). The underlying reasons for this preference become abundantly clear as the chapter unfolds.