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Withdrawal From the Civil Court Protection Process by Female Survivors of Domestic Violence: A Scoping Review of the
Francis Barchi1, Millan A AbiNader2, Ajanee Russell Hopkins2
1Rutgers - The State University of New Jersey, New Brunswick, USA.
Abstract:
In many countries, protection orders are the civil court system's primary response to domestic violence. While there is significant evidence as to their effectiveness, as many as half of all temporary protection orders are withdrawn or dismissed before being finalized, with limited empirical research as to why. As the first step in a multi-phased research-community partnership to improve a counseling and service program for survivors of domestic violence in South Africa, we undertook a systematic review of the literature to identify what is known about why some female survivors finalize protection orders and others do not. Using a keyword search strategy in academic databases, we included peer-reviewed studies published from January 2004 to June 2024 that focused on case attrition and the factors associated with retention and/or withdrawal. Of the eight studies that met the eligibility criteria, six reported findings from the United States, one from Ecuador, and one from South Africa. Key reasons for attrition were emotional attachment, concerns for children, perceived behavior change in partner, fear of retaliation, challenges in the court processes, default at hearing, financial dependence, gender stereotypes, and lack of opportunities for economic independence. Most of the data supporting these findings were more than a decade old. Without more contemporary research on why female survivors remain in or exit protective order processes, communities may miss opportunities for intervention to reduce personal, procedural, and structural impediments to safety.
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