Running head: DOMESTIC VIOLENCE 1

How Has the Criminal Justice System Impacted the Lives of Women That Have Been Abused?

Mandy L. Beaver

Belmont Abbey College

DOMESTIC VIOLENCE 2

Table of Contents

Abstract 3

Introduction 4

Literature Review 4

Method 8

Participants 9

Materials 10

Procedure 11

Results 12

Discussion 14

Conclusion 15

Policy Implication 16

References 18

Frequency Table 23

Graph 29

DOMESTIC VIOLENCE 3

Abstract

Victims who have experienced domestic violence continue to live in a world of fear and uncertainty. Previous studies have looked at

the criminal justice system and programs put in place to help reduce abuse, but there is virtually very little research on the perspectives

of the victims themselves and the experiences they have had with the criminal justice system. This study offers research on the

perceptions of women who have experienced abuse from an intimate partner and those experiences they have experienced with law

enforcement officials, prosecutors, legal aid, and the court system. The qualitative study consists of thirty-four women from various

domestic violence shelters in the Charlotte area. Responses to open-ended questions were coded into themes based on the

interpretative phenomenological approach. The emerging themes raise questions about how victims are being treated and what

changes can be implemented within criminal justice institutions in order to help victims who have experienced abuse.

DOMESTIC VIOLENCE 4

How Has the Criminal Justice System Impacted the Lives of Women That Have Been Abused?

Domestic Violence affects one in four women at some point in their lives (Tjaden & Thoennes, 1998). It has been shown to

have a lasting impact on those who have experienced abuse. Domestic abuse can occur in any social class, culture, religion, sexual

orientation, marital status, and/or age. Domestic violence is defined as a pattern of behavior used by one person in an intimate

relationship to control the other, which often includes physical, sexual, and emotional abuse (“NCCADV”, n.d.). Although there have

been many studies on domestic violence and how women are more susceptible to experience abuse by their intimate partners, there

have been very few studies on how women who have experienced domestic violence perceive their experience with the criminal

justice system. This review of the literature will look at the impact the criminal justice system has had on the lives of domestic abuse

victims, more specifically women who have experienced abuse by an intimate partner, and consider whether or not certain factors

affect their perception of the legal system and their decision for future use of the criminal justice system.

Over the past twenty years a number of researchers have looked at laws put in place and questioned whether or not these laws

have helped victims of abuse (Atkins & Hoggett, 1984; Lakeman, 2000; McCann, 1985). Debates have continued over whether or not

mandatory arrests have reduced future abuse but the findings were shown to be contradictory (Berk, Campbell, Gangan, & Maxwell,

1995; Klap & Western, 1992; Schmidt & Sherman, 1993). A Q methodology study of fifty-eight (58) women who had experienced

emotional or physical abuse either presently or in the past by a male partner revealed different perspectives of the Criminal Justice

System. This study “strongly supported forceful arrest, prosecution, and conviction, which supported mandatory Criminal Justice

DOMESTIC VIOLENCE 5

System policies” (Barata, 2007, p. 207). The most significant factor that allowed violence perpetuated upon women to continue that

emerged in past studies was the patriarchy support society upheld that men have the right to inflict abuse upon their partner (Payne &

Wermerling, 2009).

Other studies have suggested that women who have experienced domestic violence often have not cooperated with the

Criminal Justice System (McLeod, 1983). This has been a negative stereotype held by law enforcement officials and the criminal

justice system personnel for many years (Cannings, 1984; Ferraro, 1998; Erez & King, 2000; Ferraro, 1998; Wasoff, 1982). However,

there has been very little research thus far based on the perspectives of the victims of domestic violence themselves and their

cooperation and willingness to participate in the Criminal Justice System. Research indicated that often women are blamed for the

abuse and often receive little or no help, which leaves them feeling disappointed and discouraged by the system (Erez & Belknap,

1998). Other studies have indicated that fear of retaliation has been the main reason women have dropped their cases (Quarm &

Schwartz, 1985). “Assailants believe they are entitled to their relationship with their partner and that they own their women. These

men tend to view the woman's departure as an ultimate betrayal that justifies and demands revenge” (Saunders & Browne, 1990;

Dutton, 1988; Bernard et al., 1982 as cited in McGee, 2011, p. 4). Other researchers have shown the increased risk of abuse and the

inadequate responses by authorities is most often the cause of the victim becoming reluctant in cooperating with the Criminal Justice

System (Davis, 1983). Stalans & Finn, (2006) found that standard practices in many police departments were to treat domestic

violence situations as family affairs and that law enforcement officers were tied to the idea that privacy in the home was sacred and

should not be dealt with publicly.

DOMESTIC VIOLENCE 6

One of the few studies that looked specifically at the court system found that women used the threat of criminal charges as a

negotiating tool with their abuser (Ford & Regoli, 1992). This study indicated that women were less concerned with the outcome of

the decision of the court and more concerned with their abuser changing the abuser’s behavior (Ford & Regoli, 1992). A study by

Barata (2007) indicated that women who have been abused strongly believed that they should be allowed to have an input in making

decisions regarding arrests and prosecution decisions. This perspective endorsed “specialized personnel,” (p. 208) which would be the

alternative to the mandatory policies put in place. However, there were limitations to this study. All of the victims who loaded

significantly for this factor were of non-White ethnicities, therefore future research is needed in order to look at the differences in

ethnic minority perspectives (Barata, 2007).

Past researchers indicated that there were barriers within the Criminal Justice System, such as the amount of information

received by the victim and the pace at which the process moved through the system that caused the victim to become frustrated and

confused as well as the fear of attending court proceedings (Bennett, Goodman, & Dutton, 1999; Fischer & Rose, 1995). Police

officers often questioned the victim’s story and criticized her for staying in the relationship, which left the victim feeling helpless

(Hamilton & Coates, 1993). However, a review of the literature found contradictory findings that indicated “women were more

satisfied with police responses than other aspects of the system” (Fleury, 2000; Jaffe et al.; 1986, p. 203). Further studies are needed

in order to look at the different aspects of the system in order to gain a better insight and see if other factors may contribute to the

findings. In fact, “fear and the need for protection were identified as reasons for engaging in the criminal justice system” (Hoyle &

Sanders, 2000; Landau, 2000; Lewis et al., 2000, p. 203). In a study by Erez & Belknap (1998), research revealed 90% of the women

DOMESTIC VIOLENCE 7

initiated contact with the Criminal Justice System regarding their abuse. More than 25% of the women in this study had four or more

contacts with the system regarding their abuse. Barata (2007) found that the women’s perception of the Criminal Justice system was

most likely a deterrent for future abuse. The participants in this study believed that the criminal justice system had potential and could

achieve justice through punishment as well as treatment. Other researchers suggested that women who felt satisfied and approved of

the legal interventions were more likely to report and prosecute their abusers (Smith, 2001). Therefore, leading to use of the criminal

justice system and its services in the future.

Financial growth has been cited in past research as a potential barrier that has limited female victims from fleeing from violent

situations (Murray, 2008). McGee (2011) found other factors such as safe affordable housing, child care, transportation, legal

representation, employment opportunities, and lack of education have also had an effect on women when they leave domestic violence

situations. Although, many women may fear leaving their abusers, research has pointed out that the best way for women to ultimately

achieve safety and freedom from their abuser is to be separate and apart from the situation (McGee, 2011). Other studies have

indicated that women fear losing their children or only stay with their abuser so their children have their father in their lives (McGee,

2011). Research has revealed that women have often sacrificed their own safety for their children so their children do not lose their

home and are protected (2011).

Although a number of researchers have sought to identify factors related to domestic violence, the research is limited on the

perspectives of women who have experienced abuse by an intimate partner and their experiences with the criminal justice system. For

DOMESTIC VIOLENCE 8

example, there has been little empirical evidence to support that women are going to be safe from retaliation if their abuser is not

prosecuted (Ford & Regoli, 1992). Thus the criminal justice system continues to respond to the victims of domestic violence with

policies that seem to be failing. Given the fact that the system has left the women feeling discouraged (Barata, 2007), based on the

grounded theory approach, this study is going to examine the issues of women who have experienced domestic violence by an

intimate partner and their perceptions of the criminal justice system and look for ways that the criminal justice system could change in

order to respond to victims of domestic violence.

Method

The purpose of this study is to look at how the criminal justice system has impacted the lives of women who have been victims

of domestic violence and gain insight from the victims themselves. The research was inductive and Interpretative Phenomenological

Analysis was used in order to gain insight into the experiences of the participants. The Interpretative Phenomenological Analysis

(IPA) attempts to give the researcher a look into the world of the participant (Gilgun, 2005). The grounded theory approach was used

in the study in order to attempt to understand how the participants perceived their own experiences. The transcripts were read and re-

read several times and the audiotapes were listened to in order to listen to find commonalities in the experiences of the participants.

The participant’s experiences were analyzed by coding the data into different categories and labeled in order to find reoccurring

themes.

DOMESTIC VIOLENCE 9

Thirty-four participants were included in the study, each participant was assigned a number, and any official record of their

name remained anonymous. For the participant’s safety and confidentiality, no demographic data is included in the study. Each focus

group was strictly volunteer and the participants were made aware that they did not have to discuss their experiences and were free to

leave at any time. However, the participants were encouraged to participate in the discussion in order to obtain a better understanding

from the victims themselves.

The focus groups were semi-structured and although the sample was purposeful, the sample used for each focus group was a

convenience sample. Open-ended questions were asked during each focus group interview with the participants. General questions

regarding the victim’s experiences with the criminal justice system in Charlotte opened the dialogue. Each focus group interview

session with the participants lasted for approximately one hour to one hour and thirty minutes. During the interview, victims were

asked to describe their experiences with the police, any experiences they had with their landlords, any experiences they had

experienced with legal aid attorneys, any custody issues they may had experienced or were experiencing, and any experiences they

had with the legal system in Charlotte. The overall study focused on obtaining the perspectives of the victims themselves so that

possible changes could be implemented in order to help the victims of domestic violence in the future.

Participants

The participants in this study consisted of thirty-four (n = 34) women in the Charlotte-Mecklenburg area from various battered

women’s shelters throughout the county. The participants consented to their participation in the focus group and were compensated

DOMESTIC VIOLENCE 10

for their time. The participants were entitled to a gift card for their participation. The goal of the focus group was to obtain the

perspectives of the victims themselves and their experiences with the criminal justice system. To achieve this goal, perspectives of

victims from different battered women’s shelters throughout the county were taken on November 1, 2012, February 1, 2013, March

15, 2013, and September 26, 2013 in order to try to gain a better insight into victim’s experience with the criminal justice system.

Two participants remained silent during the focus group interviews.

The only requirement for the participants was that they had to be over the age of eighteen and must consent to participate in the

study. The participants in this study were important in helping to give us a better understanding of why women choose to use the

criminal justice system or why they do not choose to use the criminal justice system. The participants were restricted to women who

had experienced physical abuse by an intimate partner and had some type of experience with the criminal justice system. Participants

recruited for this study included women from a number of sites: a battered women’s shelter in Charlotte (n =11), a battered women’s

shelter in Charlotte (n = 8), a battered women’s shelter in Charlotte (n = 10), and Safe Alliance Domestic Violence Shelter (n = 5).

Materials

Participants were volunteers and free to leave at any time during the interview. The interviews were recorded and no reference

of the participant’s names were used. The participants signed a consent form to participate in the study and were given a copy of the

consent form. The interviews for each focus group were conducted by Dr. Tina Botts, who would like to use the information and data

gathered from the victims in order to open a legal clinic in the Charlotte area in order to help victims of abuse. The same data and

DOMESTIC VIOLENCE 11

audiotapes were used for this study in order to look at women who have been abused and their perceptions and experiences with the

criminal justice system.

Procedure

Two participants remained silent during the focus group interviews. Both women signed a consent form and were included in

the study. The remaining thirty-two participants were asked open-ended questions after signing consent forms. One hour to one and

one-half hour interviews were done with each focus group. The interviews were audiotaped and transcribed. Participants who agreed

to participate received a gift card for their participation. Dr. Tina Botts informed the participants of the process and began the

interviews. The participants were asked to speak one at a time so that each person could be heard and the individual documenting the

interviews could keep track of each person speaking.

Each participant was assigned a number in order to maintain confidentiality of the individuals and no names were used in the

study. The participants were volunteers from battered women’s shelters and the Safe Alliance Domestic Violence Shelter in the

Charlotte area. Many themes developed from the participants interviews. The themes were coded and categorized into different

groups. The focus groups were open to discussion and the women were asked about their views of the criminal justice system and

their experiences they had with the legal system as well as law enforcement officials, legal aid, landlords, and domestic violence

services. By using interpretative phenomenological analysis, many themes seemed to emerge. The participants expanded on their

experiences during the focus group interviews. The common factors that each participant experienced were extracted and coded for

DOMESTIC VIOLENCE 12

frequency. Several categories developed from the participants experiences, which include: reports filed with the police; the abuser

being arrested; the victim being victimized; the victim being denied a protective order; the victim experiencing good representation

with the legal system; the victim fearing retaliation from the abuser; improper police response; the victim experiencing an

unsympathetic criminal justice system; the victim dealing with inadequate resources; the victim perceiving their outcome due to bad

representation; the incidental effects the children experience; and the victim being granted a protective order. The number of

frequencies equal more than thirty-four because some participants had more than one reoccurring theme or experience for which they

were coded.

Results

The primary purpose of this study is to obtain the perspectives of women who have experienced abuse by an intimate partner

in order to gain an understanding of their experience with the criminal justice system. The focus was to discuss any concerns the

victims may have experienced. The study investigated the following questions: What experiences have the victims had with the legal

system? What experiences have the victims had with law enforcement? What challenges, if any, have the victims experienced with

custody issues? Have the victims experienced any issues with their landlords due to the domestic violence issues? What type of

assistance did the victim receive from legal aid, if any? How was the victim treated by courthouse staff and personnel? Did the

victim receive any information on domestic violence shelters or other services that may have been available to them?

DOMESTIC VIOLENCE 13

It is important to understand that some of the participant’s experiences are negative toward the criminal justice system while

some of the victim’s experiences are positive. The study showed that 17.6% of the time the participant filed a report with the police.

Common themes seemed to emerge from the victim’s reluctance in filing reports and often opposing prosecution. One of the most

frequent cited reasons for opposing prosecution is fear of retaliation, which was perceived by seven (7) of the thirty-four (34)

participants. Another reason women tend to be uncooperative with the criminal justice system is the incidental effects it has on

children, nine (9) of the thirty-four (34) participants perceived their concern for their children as a major problem overlooked by the

criminal justice system. The study indicated that the Police came out and the incident led to the Abuser being arrested 14.7% of the

time. However, the study revealed there were seven (7) instances that the victim felt the police acted improperly. This finding is

consistent with past research, which shows that many women tend to find law enforcement somewhat helpful, but find that they

typically tend to avoid making an arrest (Erez & Belknap, 1998).

Past studies have focused on police, attorneys, judges, and the legal system letting women who have experienced domestic

abuse down (Barata, 2007). Findings from this study show that the victim perceives themselves as being victimized by the criminal

justice system 14.7% of the time or five (5) of the 34 participants. The victims often have a hard time in court hearings and explaining

their situation to the judges especially if they have never dealt with this process before, but when the victim receives unhelpful

treatment, she is left with feelings of disappointment and frustration. The study found that the criminal justice system is

unsympathetic toward the victims 11.8% of the time. When this happens things tend to become problematic and the victim tends to

turn away from the use of the criminal justice system (Erez &Belknap, 1998).

DOMESTIC VIOLENCE 14

To better understand the victim’s experience with key players within the legal system, the participants were asked about their

experiences and then coded for frequency. A small percentage of the women were denied a domestic violence protective order 2.9%

of the time. The victim felt she was represented fairly and she had good representation 5.9% of the time. A little more than 8.8% of

the victims felt they were represented poorly during their hearing. 17.6% of the victims were granted a domestic violence protective

order. Some victims perceived inadequate resources as a problem 14.7% of the time because they were unable to pay for adequate

representation or did not have the money and financial means to get out of the situation. Considered together many factors play a role

in whether or not a victim decides to use the criminal justice system in the future. The key difference is how the victim perceives the

criminal justice system and believes is going to be beneficial to her.

Discussion

Obviously the criminal justice system can make changes in order to respond to victims of domestic violence. This study

focused on gaining insight on the perspectives of women who have experienced abuse by an intimate partner and the experiences they

have had with the criminal justice system in order to look for ways to implement changes that would be beneficial to the victim. The

results about the criminal justice system present some clearly negative perspectives that have been documented in previous studies as

well as a few positive perceptions. The emergence of multiple perspectives is clearly beneficial for those who work with domestic

violence victims, but this study has its limitations and future research is needed. The study does not indicate every perspective that

victims of domestic violence could hold of the criminal justice system and the sample was based on one general area of the

DOMESTIC VIOLENCE 15

population, so it may not account for the entire population in general. The statements were limited to the victims themselves and not a

random sample. If the sample would have been random, it is likely that the sample would include different views. One perspective

that emerged from the victims was that those victims that were able to obtain a domestic violence protective order and had a good

experience with the criminal justice system seemed more interested and happier with the criminal justice system than those victims

who had a bad experience with the criminal justice system. Therefore, future research is needed in order to look at whether or not

victims who obtain domestic violence protective orders are more likely to engage in the criminal justice system than victims that do

not obtain domestic violence protective orders.

Past research has not taken into account the experiences of the victims themselves and despite the limitations of the study, this

study contributes to our understanding of how victims of domestic violence, and more specifically women who have been abused,

perceive their experiences with the criminal justice system. This study does not reflect the relevant population of domestic violence

victims, but it is an important step in giving us an understanding of the experiences of women who have been abused. The most

important contribution of this study is the different perspectives held by the victims themselves and the variety of opinions they hold

for implementing ways to improve the criminal justice system to better respond to the victim.

Conclusion

Victims who experience abuse continue to be stereotyped by the criminal justice system. The results show that the criminal

justice system personnel who often deal with victims of abuse have attitudes, make comments, or hold negative opinions that can be

DOMESTIC VIOLENCE 16

very harmful to the victim which leaves them feeling discouraged and helpless. This is approach is clearly not working and changes

are necessary in order to find an effective systematic response to domestic violence victims. The criminal justice system must become

more sensitive to the victim and look for ways to promote arrest, increase convictions, and try to protect the victim. The goal for the

future is to implement programs within the criminal justice system that supports intervention efforts that help victims and obtain

information needed to assist them while maintaining a forceful legal system.

Policy Implication

Many victims of domestic violence often feel that they are at fault for the abuse inflicted upon them. The criminal justice

system has shown to hold this same attitude of blaming the victim. Interactions with law enforcement officials, judges, attorneys, and

even family and friends have left many victims questioning how to leave a domestic violence situation. So the question remains what

changes can be made in the criminal justice system in order to better respond to the victims of domestic violence so the rights of the

women being abused are not being ignored?

Much of the debate on solutions to the problem within the criminal justice system focus on mandatory arrests and prosecution,

which sends a message to the abuser that domestic violence is criminal (Davis & Smith, 1995). One possible response to the problem

that may help the entire criminal justice system may be given the fact that there is such a “large overlap between domestic violence

and criminal activity, law enforcement officers should check the abuser’s status and check for outstanding warrants, pending cases,

probationary or parole status, and any other criminal justice involvement, including suspect involvement as a confidential informant

DOMESTIC VIOLENCE 17

for ongoing investigations” (Klein, 2009, p. 16). But the problem is not solely confined to law enforcement officers and it is necessary

to look for solutions throughout the entire criminal justice system. Victims often find themselves trapped in abusive relationships and

do not know how to get out due to lack of resources and the amount of viable options available. Past research and findings from this

current study suggest that domestic violence should be approached as a social problem and it is going to take a multi-faceted approach

to make a difference. The community is going to have to work together to coordinate services, intervention programs, and provide the

necessary resources to help victims of domestic violence in order to let them know that they do have a voice and they are not being

ignored.

DOMESTIC VIOLENCE 18

References

Atkins, S. & Hoggett, B. (1984). Women and the law. Oxford, UK: Basil Blackwell.

Barata, P. (2007). Abused women’s perspectives on the criminal justice system’s response to domestic violence. Psychology of

Women Quarterly, 31, 202-215.

Bennett, L., Goodman, L., & Dutton, M. A. (1999). Systemic obstacles to the criminal prosecution of a battering partner. Journal of

Interpersonal Violence, 14, 761-772.

Berk, R. A., Campbell, A., Klap, R., & Western, B. (1992). The deterrent effect of arrest in incidence of domestic violence: A

Bayesian analysis of four field experiments. American Sociological Review, 57, 698-708.

Cannings, D. M. (1984). Myths and stereotypes: Obstacles to effective police intervention in domestic disputes involving a battered

woman. The Police Journal, 57, 43-56.

Davis, R. C. (1983). Victim/witness noncooperation: A second look at a persistent phenomenon. Journal of Criminal Justice, 11, 287-

299.

Davis, R. C. & Smith, B. (1995). Domestic violence reforms: Empty promises or fulfilled expectations? Crime and Delinquency, 3,

457-471.

DOMESTIC VIOLENCE 19

Erez, E., & Belknap, J. (1998). In their own words: battered women’s assessment of the criminal processing system’s responses.

Violence and Victims, 13, 3, 251-268.

Erez, E. & King, T.A. (2000). Patriarchal terrorism or common couple violence: Attorney’s views of prosecuting and defending

woman battering. International Review of Victimology, 7, 207-226.

Ferraro, K. J. (1998). Policing woman battering. In K. Day & L. Maher (Eds.), Criminology at the crossroads: Feminist readings in

crime and justice (209-224). New York: Oxford University Press.

Fischer, K. & Rose, M. (1995). When “enough is enough”: Battered women’s decision making around court orders of protection.

Crime and Delinquency, 41, 414-429.

Fleury, R.E. (2000). Survivors’ satisfaction with the criminal legal system response to intimate partner violence. Unpublished doctoral

dissertation, Michigan State University, Detroit, MI.

Ford, D.A., & Regoli, M.J. (1992). The preventive impacts of policies for prosecuting wife batterers. In E.S. Buzawa & C.G. Buzawa

(Eds.), Domestic violence: The changing criminal justice response. Westport, CT: Auburn House.

Garner, J., Gagan, F., & Maxwell, C. (1995). Published findings from the spouse assault replication program: A critical review.

Journal of Quantitative Criminology, 11, 3-28.

DOMESTIC VIOLENCE 20

Gilgun, J. (2005). Qualitative research and family psychology. Journal of Family Psychology, 19(1), 40-50. doi: 10.1037/0893-

3200.19.1.1.1.40

Hamilton, B. & Coates, J. (1993). Perceived helpfulness and use of professional services by abused women. Journal of Family

Violence, 8, 331-324.

Hoyle, C., & Sanders, A. (2000). Police response to domestic violence: From victim choice to victim empowerment? British Journal

of Criminology, 40, 14-36.

Humphreys, C. & Thiara, R. K. (2003) Neither justice nor protection: Women's experiences of post-separation violence. Journal of

Social Welfare & Family Law, 25 (3), 195-214.

Jaffe, P., Wolfe, D.A., Teleford, A., & Austin, G. (1986). The impact of police charges in incidents of wife abuse. Journal of Family

Violence, 1, 37-49.

Klein, A. (2009). Practical implications of current domestic violence research: For law enforcement, prosecutors, and judges. [Special

Report] National Institute of Justice. 1-95.

Lakeman, L. (2000). Why “law and order” cannot end violence against women; and why development of women’s (social, economic

and political and civil) rights might. Canadian Woman Studies, 20, 24-33.

DOMESTIC VIOLENCE 21

Landau, T.C. (2000). Women’s experiences with mandatory charging for wife assault in Ontario Canada: A case against the

prosecution. International Review of Victimology, 7, 141-157.

Lewis, R., Dobash, R.P., Dobash, R., E., & Cavanagh, K. (2000). Protection, prevention, rehabilitation or justice? Women’s use of the

law to challenge domestic violence. International Review of Victimology, 7, 179-205.

McCann, K. (1985). Battered women and the law: The limits of the legislation. In J. Brophy & C. Smart (Eds.), Women in the law:

Explorations in the law family and sexuality (pp. 71-96). London: Routledge and Kegan Paul.

McGee, S. (2011). 20 Reasons why she stays: A guide for those who want to help battered women. Retrieved April 20, 2014 from

http://www.ncadv.org

McLeod, M. (1983). Victim noncooperation in the prosecution of domestic assault. Criminology, 21, 395-416.

Murray, S. (2008). Why doesn't she just leave?: Belonging, disruption and domestic violence. Women's Studies International

Forum, 31 (1), 65-72.

NCCADV. (n.d.). North Carolina Coalition Against Domestic Violence. Growing together to end domestic violence. Retrieved from

http://nccadv.org/dv_information.htm

Payne, D. & Wermeling, L. (2009). Domestic violence and the female victim: The real reason women stay. Journal of Multicultural,

Gender and Minority Studies, 3, (1).

DOMESTIC VIOLENCE 22

Quarm, D., & Schwartz, M. (1985). Domestic violence in criminal court: An examination of new legislation in Ohio. In C. Scheber &

C. Feinman (Eds.), Criminal justice politics and women: The aftermath of legally mandated change (pp. 29-46). New York:

Haworth Press.

Schmidt, J.D., & Sherman, L.W. (1993). Does arrest deter domestic violence? American Behavioral Scientist, 36, 601-609.

Smith, A. (2001). Domestic violence laws: The voices of battered women. Springer Publishing Company, 16.1, 91-111.

Stalans, L. J. & Finn, M. A. (2006). Public's and police officers' interpretation and handling of domestic violence cases: divergent

realities. Journal of Interpersonal Violence, 21 (9), 1129-1155.

Tjaden, P., & Thoennes, N. (1998). Prevalence, incidence, and consequences of violence against women: Findings from the National

Violence Against Women Survey (NCJ 172837). Washington, DC: National Institute of Justice.

Wasoff, F. (1982). Legal protection from wife beating: The processing of domestic assaults by Scottish prosecutors and criminal

courts. International Journal of Sociology of Law, 10, 187-204.

DOMESTIC VIOLENCE 23

FREQUENCIES VARIABLES-reported incident to police; incident led to arrest; victim victimized; protection order denied; good representation; fear of retaliation; improper police response; lack of sympathy by CJ system; inadequate resources; bad representation; incidental effects on the children; granted protective order

Frequency Table

Victim filed report with the Police

Frequency Percent

Valid

Percent

Cumulative

Percent

Valid 28 82.4 82.4 82.4

6 17.6 17.6 100.0

Total 34 100.0 100.0

Police came out and the incident led to the batterer’s arrest

Frequency Percent Valid Percent

Cumulative

Percent

Valid 29 85.3 85.3 85.3

5 14.7 14.7 100.0

Total 34 100.0 100.0

DOMESTIC VIOLENCE 24

Victim perceived themselves as being victimized by the CJ system

Frequency Percent Valid Percent

Cumulative

Percent

Valid 29 85.3 85.3 85.3

5 14.7 14.7 100.0

Total 34 100.0 100.0

Victim was denied Domestic Violence Protective Order

Frequency Percent Valid Percent

Cumulative

Percent

Valid 33 97.1 97.1 97.1

1 2.9 2.9 100.0

Total 34 100.0 100.0

DOMESTIC VIOLENCE 25

Victim felt she had Good Representation

Frequency Percent Valid Percent

Cumulative

Percent

Valid 32 94.1 94.1 94.1

2 5.9 5.9 100.0

Total 34 100.0 100.0

Victim feared the batterer would retaliate against her

Frequency Percent Valid Percent

Cumulative

Percent

Valid 27 79.4 79.4 79.4

7 20.6 20.6 100.0

Total 34 100.0 100.0

DOMESTIC VIOLENCE 26

Victim perceived the Police response as Improper for the

Circumstances

Frequency Percent Valid Percent

Cumulative

Percent

Valid 27 79.4 79.4 79.4

7 20.6 20.6 100.0

Total 34 100.0 100.0

Victim perceived the CJ System as unsympathetic toward them

Frequency Percent Valid Percent

Cumulative

Percent

Valid 30 88.2 88.2 88.2

4 11.8 11.8 100.0

Total 34 100.0 100.0

DOMESTIC VIOLENCE 27

Some Victims saw Inadequate Resources as a Problem

Frequency Percent Valid Percent

Cumulative

Percent

Valid 29 85.3 85.3 85.3

5 14.7 14.7 100.0

Total 34 100.0 100.0

Some victims felt that they had Bad Representation

Frequency Percent Valid Percent

Cumulative

Percent

Valid 31 91.2 91.2 91.2

3 8.8 8.8 100.0

Total 34 100.0 100.0

DOMESTIC VIOLENCE 28

Some Victims perceived the Incidental Effects on the Children

as one of their major concerns overlooked by the CJ system

Frequency Percent Valid Percent

Cumulative

Percent

Valid 25 73.5 73.5 73.5

9 26.5 26.5 100.0

Total 34 100.0 100.0

Victim was Granted a Domestic Violence Protective Order

Frequency Percent Valid Percent

Cumulative

Percent

Valid 28 82.4 82.4 82.4

6 17.6 17.6 100.0

Total 34 100.0 100.0

DOMESTIC VIOLENCE 29

Victim filed report with the police

Police came out and the incident led to the Batterer being arrested

Victim Perceived themselves as being victimized by the CJ system

Victim was denied Domestic Violence Protective Order

Victim felt she had good representation

Victim felt the Batterer would retaliate

Victim's perception of the Police Response was Improper for the circumstances

Victim perceived the CJ system as unsympathetic toward them

Some Victims saw indadeqate resources as being contributable to the problem

Some Victims felt that their representation was bad

Some Victims perceived the incidental effects on the children as one of the major concerns overlooked by the CJ system

Victim was granted a Domestic Violence Protectice Order

0 1 2 3 4 5 6 7 8 9 10

How Victim's Perceived the Criminal Justice System