Alesha Durfee
Associate Professor Of Women And Gender Studies, Arizona State University
Key Findings
- There were significant gender differences with cross-filings compared to single filings.
- Although men were less likely than women to report abuse that qualifies for protective orders, more men had participated in the cross-filings system than women.
- More than half of single-filers reported physical abuse (52%) only about 40% of first-filers (42%) and cross-filers (41%) reported physical abuse.
- Reports of verbal abuse between the cross-filers and single-filers was significant as 62% of first-filers and 61% of cross-filers reported verbal abuse in their protection order while only 28% single reporters reported verbal abuse in their protection order.
- Gender greatly impacted type of violence reported, with men making fewer reports of physical violence or intimidation.
- Female cross-filers are more likely to report higher rates of sexual violence and verbal abuse than male cross-filers.
- Couples that are connected by children or pregnancies are more likely to be single-filers than cross-filers.
- First-filings are more likely to be granted (93%) than cross-filings are (78%).
Description
In the article, “Is There is a Protection Order to Prison Pipeline? Gendered Dimensions of Cross-Petitions,” Durfee and her co-author examine how effective the criminal justice system is in supporting victims and survivors of domestic violence (DV). Previous research has shown that some civil processes can offer opportunities for abusers to continue to control victims of DV and make it difficult for victims to move on from trauma. To conduct their study, the researchers used data from the Cross-Filings Protection Order Database (CF-POD) and the Domestic Violence Protection Order Database (DV-POD). Cross-filings are a subset of protection orders where two individuals in a domestic relationship file separate petitions against each other, with the primary filer is known as the “first-filer” and the second as the “cross-filer”. The data set included 313 cross-filings and more than 1,000 single-filings of protection orders from individuals 18 and older in Arizona. The results showed significant gender differences with cross-filings compared to single filings. Although men were less likely than women to report abuse that qualifies for protective orders, more men had participated in the cross-filings system than women. More than half of single-filers reported physical abuse (52%) only about 40% of first-filers (42%) and cross-filers (41%) reported physical abuse. Reports of verbal abuse between the cross-filers and single-filers was significant as 62% of first-filers and 61% of cross-filers reported verbal abuse in their protection order while only 28% single reporters reported verbal abuse in their protection order. Gender greatly impacted the type of violence reported, with men making fewer reports of physical violence or intimidation. Female cross-filers are more likely to report higher rates of sexual violence and verbal abuse than male cross-filers. Couples that are connected by children or pregnancies are more likely to be single-filers than cross-filers. First-filings are more likely to be granted (93%) than cross-filings are (78%). In conclusion, the authors note that though the data shows that men may be victimized at higher rates than women, it may also indicate a flaw in state laws in protecting victims of DV. They suggest further research on judges attitudes towards cross-petitions and the involvement of children and firearms.