Power from the Bench: Judicial Behavior in Protection Order Hearings

• In Event: Legal Processing of Intimate Partner Violence Cases

Abstract

Prior research on the criminal legal system response to intimate partner violence suggests that experiences of fairness in court are important predictors of battered women’s future decision-making about the law. Survivors of intimate partner violence who have empowering experiences in court not only report that they are more likely to re-use the legal system but also have improved overall quality of life relative to those whose treatment was less empowering (Catteneo & Goodman, 2010). Research also suggests that differences may be linked not just to individual differences in judges, but to differences between cases. For instance, judges may use more disempowering behaviors when the survivor is a woman of Color (e.g., Moe Wan, 2000). The current study explores the empowering and disempowering behaviors that judges exhibit during protection order hearings. Drawing on systematic observations of hearings, factors including demographics of the participants, the presence of other actors in court, and the type of hearing will be examined as they relate to specific judicial behaviors in the courtroom. Implications for advocacy and for future research will be discussed.

Authors

• Ruth Fleury-Steiner, University of Delaware

• Susan Miller, University of Delaware

• M. Kristen Hefner, University of Delaware

• Ava Carcirieri, University of Delaware