Civil Protection Order Duration: Proof, Procedural Issues, and Policy Considerations
![handle is hein.journals/tempcr24 and id is 365 raw text is: CIVIL PROTECTION ORDER DURATION:
PROOF, PROCEDURAL ISSUES, AND
POLICY CONSIDERATIONS
by DANA HARRINGTON CONNER*
INTRODUCTION
The civil protection order (CPO) is a critical remedy for battered individuals
seeking legal protection from abuse.' For survivors who are either not interested in,
or fearful of, reporting acts of abuse to law enforcement, the CPO provides a
remedy, which includes features that the criminal justice system does not afford.
The CPO system provides the promise of a lower standard of proof,2 an expansive
definition of abuse,3 ancillary relief,4 a curative measure not punitive in nature,' and
vests the survivor with legal decision-making authority.6 These special features are
consistent with survivor safety, promoting the health and welfare of battered
* Associate Professor of Law and Director of the Delaware Civil Law Clinic, Widener University
School of Law. This article is based, in part, on the author's twenty years of experience representing
countless battered women seeking civil protection orders and custody of their children. I would like to
thank Marina Angel for inviting me to speak at the 20'h Anniversary of the Violence Against Women
Act: Fulfilling the Promise of Safety & Justice Symposium at Temple University Beasley School of Law
on November 8, 2014 and for providing me with the opportunity to take part in this important event. I
would also like to thank the staff of the Temple Political & Civil Rights Law Review, in particular Evan
Correia, Jordan Santo, Emily Kowey, James Glowacki, and Peter Moomjian, for their thoughtful
comments and thorough editing of this article.
1. The term civil protection order is defined as: [A] class of civil remedies that have different
labels depending on the jurisdiction, including restraining orders, emergency POs, domestic violence
orders, or peace bonds ... all states have enacted laws authorizing the issuance of general civil
protective orders for partner violence although eligibility criteria and specific protection stipulations
differ by state... as civil orders they have a lower burden of proof and presumably less personal and
social cost than there would be for criminal charges. TK Logan & Robert Walker, Civil Protective
Order Outcomes, 24 J. INTERPERSONAL VIOLENCE 675, 676 (2009) (citations omitted).
2. id.
3. See id at 680 (noting that the study, covering multiple jurisdictions, identified six separate
categories of abuse). This has not necessarily been the case in many jurisdictions, which have followed a
more narrow definition of abuse. See infra Part Ill (discussing various jurisdictions' models for CPO
issuance).
4. See Logan & Walker, supra note 1, at 676-77 (explaining that in some jurisdictions, vital
temporary ancillary relief is also provided; for example, custody, visitation, support, possession of a
residence, and other remedies are afforded on a limited basis to secure the safety of the survivor and her
children).
5. See Overview of Criminal vs. Civil Law, NAT'L NETWORK TO END DOMESTIC VIOLENCE,
www.womenslaw.org/lawsstate type.php?id=930&state code=DE (last visited Feb. 10, 2015)
(contrasting criminal and civil remedies in the context of domestic violence issues).
6. See MODEL RULES OF PROF'L CONDUCT R. 1.2 cmt. 1 (2014) (asserting that, at least in the civil
context, all objectives of the representation are decided by the client).
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Civil Protection Order Duration: Proof, Procedural Issues, and Policy Considerations
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