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She Said/He Said: Cross-petitions in Civil Protection Orders

Thu, Nov 17, 6:30 to 8:00pm, Atrium Ballroom, Atrium Level

Abstract

Civil protection orders are widely used by survivors of intimate partner abuse as they seek safety. These orders are advantageous for survivors, in that attorneys are not required and the available types of relief can be individualized. However, people who use violence can engage in “court abuse” or “paper abuse” by using the civil protection order process against a non-abusive partner, by filing a cross-petition or filing an order in retaliation. The current study explores factors related to cross-petitions and retaliatory petitions and the court processes. As part of a larger study examining female survivors’ experiences with the protection order system, highly structured observations of 763 civil protection order hearings were conducted in one county’s family court. Cross and retaliatory petitions were more common in cases where attorneys were involved, when there were children in the household, and when there were other pending legal cases. Implications for future research and for improving the civil protection order system will be discussed.

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