June 2019 - Voices of Women Organizing ProjectVoices of Women Organizing Project

“To what length of time in prison, on average, are convicted perpetrators of Domestic Violence sentenced?” I had avoided asking myself that question, because I didn’t want to feel further resentment towards the justice system here in New York City, given the outcome of the criminal case brought against my abusive ex-boyfriend.

But then I heard something, from a reputable source, that, on the one hand meant that I could feel better about how the case against my batterer turned out. For example: The result was not an unusual one. But on the other hand, what I heard left me aghast! Only a very small percentage of perpetrators of Domestic Violence spend any amount of time at all in prison, or even jail!

“Citywide, 4% of cases initially arraigned on domestic violence felony charges were sentenced to prison (at least one year) and 16% were sentenced to jail. … When isolating cases that ended in a guilty plea/conviction, … the citywide median” [for jail] “was 90 days, which ranged from a high of nine months in Staten Island to a low of two months in Bronx and Brooklyn.” “Note: Cases include … felony cases that were disposed in 2014 (regardless of filing date), as provided by DCJS. Omits disposed cases pending sentencing from pled guilty/convicted sentencing figures.” (Source, retrieved 05/31/19: https://www.courtinnovation.org/sites/default/files/media/documents/2018-03/domestic_violence_nyc_case_processing.pdf)

My physically abusive ex-boyfriend spent zero time in jail, and in my case, the Police Officer who arrested my ex saw the blood around my mouth, (from when I hit the floor after being pushed backwards off our bed), and a Medical Examiner had photographs taken of my neck that clearly showed that I had been strangled. (Both of those professionals did their jobs well, in my opinion.) So, how severe does an act of physical violence against an intimate partner have to be, in order for the abuser to be sent to jail, let alone prison? Apparently, extremely severe! Murder?!

In the United Kingdom, (UK), “if the police have reasonable grounds to believe that one person
has been violent or threatened violence against another and that a Domestic Violence
Protection Notice, (DVPN), is necessary to protect the other person from violence or the threat
of violence, they can choose to issue a DVPN.” (Source:
https://www.communitycare.co.uk/2018/11/15/domestic-violence-protection-notices-orders-
social-workers-need-know/) A Domestic Violence Protection Order, (DVPO), is then applied for,
by the police, to a magistrates’ court, where the abuser will appear within the next few days,
having been summoned. A DVPO lasts up to 28 days.
At the end of a criminal case, a court can issue a Restraining Order, whether the defendant is
convicted or not, which “can last for a specified period of time or for an indefinite period, until
further order from the judge.” (Source: https://www.rocketlawyer.co.uk/article/restraining-
orders.rl)
If a Restraining Order is not issued by the court, a victim of domestic violence can apply for a
Protective Injunction, including if there has been no criminal trial at all. “It typically takes a
week or two to get an injunction, but you can apply for an injunction to be granted on the same
day if you are at immediate risk of significant harm. If the court grants an injunction without
notice, you will have to go back to court later for a hearing once the abuser has been given
notice. He or she will then have the opportunity to present their side of the story if they wish.”
(Source: https://www.lawdonut.co.uk/personal/divorce-and-family-law/grounds-for-
divorce/restraining-orders-and-injunctions-faqs) Injunctions are usually set for a period of six
months to a year, but they can be renewed and can also be indefinite.
A relatively new type of regulation for criminal cases, introduced in 2011, is the European
Protection Order, (EPO). The EPO “recognises the need to … deliver a more … coordinated
approach to victim support across the EU”, (European Union). (Source:
https://supportingjustice.org.uk/the-link-between-european-protection-orders-and-domestic-
violence/) “The relationship between an EPO and domestic violence is distinct; the aims of the
measure focus on preventing any form of harassment across borders.” EPOs in the UK have
been extremely rarely used so far, partly due to a lack of awareness of its existence. In 2015,
there was an extension to the law, to include protection in civil matters.
‘Brexit’ is the withdrawal of the UK from the European Union. If Brexit prevails, the UK will miss
out on the continuation of a potentially life-preserving option for victims of domestic violence,
since by no longer being a member of the EU, the UK would no longer be eligible to apply for
EPOs.

Voices of Women Organizing Project

Perpetrators and Sentencing

PROTECTIVE ORDERS FOR VICTIMS OF DOMESTIC VIOLENCE IN THE U.K.