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Civil orders of protection (OPs) are the only victim-initiated legal intervention for intimate partner violence. The OP process is unique because victims write a narrative account of abuse to inform judges’ decision-making. Historically, feminist scholars have considered OPs as empowering to victims, as they can signal strength-based change and requesting needed relief. OPs also serve as an important tool for some mothers who need temporary protection related to child custody and visitation. Studies of OP narratives have found that content related to future risk is associated with securing an OP, including allegations of physical and severe violence, suggesting that OPs provide needed protection. At the same time, the OP process is disempowering for some women. The content and quality of survivors’ OP narratives vary greatly, and studies have found that well-written accounts are positively associated with securing OPs, uncovering the potential influence of judges’ implicit biases. This study used logistic regression to explore how violence risk and writing quality related to the receipt of emergency OPs in a sample of 90 petitions filed by women with minor children in a large Midwest County. As expected, violence severity was positively associated with securing an OP, controlling for the mention of other cases/orders and legal representation. However, the association was no longer significant when writing quality was considered; specifically, greater readability was associated with being granted an OP. Linear structure and appearance of narratives were not related to OP outcomes. Findings underscore the ongoing need to explore how the written narrative requirement of the OP process (dis)empowers survivors and the role implicit biases may play in judicial decision-making in civil OP proceedings. [ABSTRACT FROM AUTHOR]

On the basis of the analysis of normative provisions the problem of non-system regulation of the order of protection of the legal interest of the taxpayer is investigated. In the article the legal interest is considered as a separate legal structure from subjective right, which is an independent object of legal regulation and protection. Based on the parity of the importance of legal interests and subjective rights of the taxpayer, the level of legal protection of the former should not be inferior to the latter. The Author gives examples of the opposite. It is concluded that there is no administrative procedure to protect the legitimate interest of the taxpayer in the legislation on taxes and fees. There is a similar gap in the constitutional proceedings. As a result of this lack of regulation, problems in the implementation of the legitimate interest are experienced by both the taxpayer and the lawenforcement bodies that exercise their competence only in accordance with the law.

Orders of protection are regularly utilized to protect victims of domestic violence as well as their children, by restricting the subject from contact or specific activity with the protected parties. Unfortunately, it is common for the adult protected party to facilitate the violation of these orders in an effort to reconcile with the subject, placing children in danger. This undermines the protection that these orders were intended to offer; without penalty to the protected party. This Note proposes a model statute penalizing any party who knowingly endangers children by facilitating the violation of any order of protection; family or criminal. Key Points for the Family Court Community: Nearly one million civil orders of protection are issued annually for domestic violence in the United States.Thirty‐eight percent of domestic violence victim households have children under the age of 12 who reside there.Ninety percent of children exposed to domestic violence directly observed the violence as opposed to hearing it.In all, 13.5 percent of subjects threatened to kidnap the protected party's children. Most states do not penalize protected parties for violating orders of protection. [ABSTRACT FROM AUTHOR]

Domestic violence is a reality present on a large scale in all contemporary societies. The order of protection is a relatively recent legal institution established by the legislator in order to stop the violent actions in the family, regardless of their nature: physical, verbal, sexual, mental, economic, social or spiritual. It is materialized in a civil court ruling, issued urgently, through which mediated, provisional and necessary measures are taken in order to protect the victim of an act of domestic violence. The basic characteristics of this legal instrument are speed and prevention of committing acts of domestic violence, governed by the principle of the right to life. The procedure that applies in the case of issuing an order of protection is urgent, and the consequences for not respecting them bring criminal liability. It is essential for the implementation of the provision that persons in situations of risk to be informed and motivated to turn to the law. At the same time, the procedure for application for protection order needs significant improvement in order to meet the crisis situation in which the victims of domestic violence. Simplification of procedures for legal counciling and free legal representation of the victim, as well as the introduction of measures free of charge for the issue of the forensic documents required for issuing the courts' ruling, would significantly enhance the efficiency of the protection order. [ABSTRACT FROM AUTHOR]