Benefits and Limitations of Civil Protection Orders for Victims of Domestic Violence in Wilmington, Delaware, Denver, Colorado, and the District of Columbia, 1994-1995

The prevalence and severity of domestic violence have illuminated the need for effective justice system responses to this pernicious phenomenon. A remedy that all states now provide is the civil protection order, but the forms of relief available, duration of orders, and processes for obtaining them vary from state to state. Examples of types of relief include prohibitions against further abuse and contact with the protected person; eviction from the residence; and temporary custody of children. Studies of civil protection orders suggest that they can be an effective form of relief if the justice system takes affirmative steps to increase their power, including screening petitioners to identify those who need more elaborate safety plans; provision of specific and comprehensive orders and low cost and effective service of them; stringent enforcement of orders by law enforcement and the court; and linkages from the court to advocacy services, shelters, legal representation, and other services.

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The Hague Conference on Private International Law and Protection of Person from Violence (Provision of Security of Women and Children)

Journal of Russian Law ◽

10.12737/4826 ◽

2014 ◽

Vol 2 (7) ◽

pp. 76-81

Author(s):

Наталия Доронина ◽

Nataliya Doronina ◽

Наталия Марышева ◽

Nataliya Maryshyeva

Keyword(s):

Domestic Violence ◽

International Law ◽

Working Group ◽

Group Discussion ◽

Interpersonal Behavior ◽

Private International Law ◽

Civil Protection ◽

Protection Orders ◽

The Hague ◽

Civil Protection Orders

The Agenda of the Hague Conference on Private International Law includes working group discussion of a problem of recognition and enforcement of foreign civil protection orders. Civil protection orders is a legal instrument which is usually used in domestic violence cases. Domestic violence may take different forms of harmful interpersonal behavior. The authors analyze foreign legislation in this sphere of relations, compares it with the Russian legislation and come to the conclusion that it is necessary to broaden the international legal assistance in this sphere. For this purpose the Russian legislation may be accomplished with the institute of civil protection orders, which is now absent in the Civil Process Code. From that point of view the participation of the Russian Federation in the Hague Conference on Private International Law working group seems to be useful both for international relations and Russian legislation because the problem of protection against domestic violence is now being discussed by the Russian specialists in criminal law.

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