Litigant Experiences in Protection from Abuse Trials: Insights from a Court-Watching Project

• In Event: 20201 - Laws and Criminalization

Abstract

Building on existing research that utilizes court-watching programs as tools for fostering judicial accountability and transparency, this paper examines the ways in which litigants engage with and experience the legal system through protection from abuse (PFA) trials. Using data from a six-month-long court-watching project, I explore how abuse is alleged and presented in PFA trials, and how these discussions influence the decision and terms of the order. I also examine the ways in which judicial officers differently value different forms of abuse as well as their reluctance to make decisions regarding child custody, which is often the most pressing concern for victims/survivors. These findings highlight the need for more comprehensive instruction and preparation of litigants prior to trials as well as expanded support options for victims/survivors outside of the criminal legal system.

Author

• Maria Paula Mendoza, University of Delaware