Chp 7: Intimate Partner Violence and Family Torts Flashcards
Which of the following has contributed to the pervasiveness of domestic violence in the United States?
All of the above.
Other Choices:
- The common-law domestic chastisement privilege.
- The family privacy doctrine.
- Reluctance of law enforcement to arrest perpetrators
Which of the following is least likely to result in a civil protection order?
One employee sexually assaults another employee.
Exp: The primary goal of a civil protection order is to protect intimate partners or family members. See, e.g., ABA Comm’n on Domestic & Sexual Violence, Domestic Violence Civil Protection Orders (2016), https://www.americanbar.org/content/dam/aba/administrative/domestic_violence1/Charts/migrated_charts/2016%20CPO%20Availability%20Chart.pdf (listing state civil protection order requirements). An employee is not an intimate partner or family member. Even though a sexual assault is an act of violence, the victim and offender do not have the requisite relationship.
Avery and Reilly were married six years ago and live with their two children. Which of the following is most likely to be successful in establishing the basis for a civil protection order?
Avery tells Reilly, “I’m going to buy a knife so I can hurt you.”
Exp: A civil protection order is based on some form of family violence. See, e.g., ABA Comm’n on Domestic & Sexual Violence, Domestic Violence Civil Protection Orders (2016), https://www.americanbar.org/content/dam/aba/administrative/domestic_violence1/Charts/migrated_charts/2016%20CPO%20Availability%20Chart.pdf (listing state civil protection order requirements). Avery’s threat qualifies, in most states, as a form of violence.
Which of the following types of relief is least likely to be granted in a civil protection order?
An order granting ownership of shared property.
Exp: Courts are generally not able to grant relief of this sort when issuing a civil protection order. A civil protection order generally only lasts one year or less, and this type of relief is typically not available. E.g., Colo. Rev. Stat. Ann. § 13-14-105 (West 2019).
Shawna has been involved in a physically and emotionally abusive relationship with her intimate romantic partner for several years. She secured a protective order about six months ago, but her partner has continued to stalk and harass her, repeatedly threatening to kill her and the children. She has come to you seeking advice about whether to initiate criminal proceedings.
Which of the following would not be a potential benefit of initiating criminal proceedings as opposed to continued reliance on the civil protective order?
The standard of proof.
Exp: As compared to the standard of proof in the civil protective order context – a preponderance of evidence – the criminal beyond a reasonable doubt standard is a higher threshold and more difficult to satisfy.
