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How do judges make decisions in domestic violence protective order (DVPO) cases?: A qualitative analysis focused on information exchange
Approximately one in three US women have been stalked, raped, or physically harmed by an intimate partner, resulting in over 2,300 reported deaths in 2007 according to the CDC. Intimate partner violence (IPV) can have lasting negative effects on a woman’s physical and mental health. DVPOs are legal interventions used nationwide for secondary prevention of IPV. Because judges have autonomy in deciding whether to grant or deny a DVPO, there is a need to identify patterns in how information is exchanged between judges and litigants and to determine what impact it has on DVPO hearing outcomes.
Methods
Courtroom observations were conducted during DVPO hearings in two North Carolina counties. Findings from observations, Health Belief Model constructs, and the concept of anticipatory regret informed an interview guide. 20 district court judges completed 30-45 minute phone interviews. A qualitative analysis was conducted using Atlas.ti to perform coding and memo writing to identify themes related to information exchange.
Results
Several themes emerged regarding courtroom information exchange. Judges reported using silent cues from litigants and their determination of the credibility level of case information in addition to tangible evidence and testimony. Judges were concerned about limited time and information to rule on each case. They also expressed concerns about gathering enough information to identify fraudulent cases.
Conclusion/Discussion
Recommendations include expanding courtrooms specifically for DVPO cases, increasing availability of courtroom advocates, and enhancing training for judges in court procedures. Engaging these changes have the potential to improve the DVPO process, leading to better outcomes.
Learning Areas:
Public health or related researchSocial and behavioral sciences
Learning Objectives:
Explain the importance of domestic violence protective orders (DVPOs) as a legal intervention for prevention of intimate partner violence (IPV) and subsequent mental and physical health consequences
Describe key themes related to courtroom information exchange and strategies used by district court judges for decision-making in DVPO cases
Identify potential policy-level changes and practice-related strategies to improve the DVPO process
Keyword(s): Violence & Injury Prevention, Decision-Making
Qualified on the content I am responsible for because: I am an applied public health researcher with nearly 20 years of experience conducting research on gender-based violence, including intimate partner violence, and have been the principal or co-investigator on numerous federally-funded grants. One of my research interests is the role of the judicial system, particularly domestic violence protective orders, in addressing and preventing intimate partner violence.
Any relevant financial relationships? No
I agree to comply with the American Public Health Association Conflict of Interest and Commercial Support Guidelines, and to disclose to the participants any off-label or experimental uses of a commercial product or service discussed in my presentation.