Conditional Contact: The Compromise of Legal Power and Protection in Civil Protection Order Cases

• In Event: 4167 - Section on Children and Youth Roundtables (1 hour)
  In Refereed Roundtable 60min: Children & Youth Roundtable 8: Legal Inequalities

Abstract

Research conducted in a domestic violence protection order (PO) court in the Western United States suggests that children shared between an applicant for a PO and an adverse party play a paramount role in the judicial decision-making process. Whether a judge grants or denies a protection order is ostensibly informed by evidence put forth by the applicant about maltreatment done by the adverse party, however, other contextual factors inform the court’s decision-making process. For example, granted protection orders are often rendered conditional when children between the PO applicant and adverse party are involved in the case, resulting in a less effective legal remedy for interpersonal violence than those in cases where children are not a factor. Further, the conditional nature of POs perpetuates a sense of insecurity for the PO applicant, invalidating their original intent. This paper illustrates the conditional – and concerning – nature of protection orders when children between the PO applicant and adverse parties are involved.

Author

• Amy Magnus, University of California, Irvine