Fair Enough? Women’s Perceptions of Fairness in the Protection Order Process

• In Event: Protection Orders, Legal Processing, and Domestic Violence

Abstract

Procedural justice theory suggests that if individuals view legal processes as fair, both positive and negative outcomes will be viewed as acceptable (e.g., Tyler, 1997). Unlike prior conceptualizations of procedural justice, situated justice emphasizes the broader context of peoples’ lives and how that in turn impacts their perceptions of the law (Berrey, Hoffman, & Nielsen, 2012). The perceived fairness of the protection order process, in turn, is critical to understanding women’s experiences and decisions after the court case. Drawing on in-depth quantitative interviews with women seeking protection orders against abusive current and former partners, factors related to perceived fairness of the protection order process will be examined. These factors include demographic characteristics, the violence perpetrated against them, access to attorneys and advocacy services, the behavior of judges in court, and the final court outcome. By examining both the context of the violence as well as women’s experiences within the system, we are better able to understand lived experiences with protection orders. Implications for theory and for improving the protection order process will be discussed.

Authors

• Ruth Fleury-Steiner, University of Delaware

• Susan L. Miller, University of Delaware

• M. Kristen Hefner, The Citadel