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Can law provide survivors with safety? Legal mobilization, legal consciousness, and protection order decision-making

In: Research Handbook on Domestic Violence and Abuse

Author

Listed:
  • Kathryn J. Spearman
  • Alesha Durfee
  • Jill Theresa Messing
  • Meredith E. Bagwell-Gray

Abstract

This chapter considers how survivors of domestic abuse in the United States of America can mobilize legal protection against domestic abuse. In the United States of America each state has its own protective regime but the themes explored in this chapter are universal. In particular, the chapter highlights lack of access to adequate legal advice and representation due to inadequate resources. The authors consider how litigants in person may lack legal consciousness and struggle to frame their experiences in a way that the legal regime demands. They also provide an intersectional lens; highlighting the particular barriers that survivors from immigrant backgrounds may face in accessing protection orders.

Suggested Citation

  • Kathryn J. Spearman & Alesha Durfee & Jill Theresa Messing & Meredith E. Bagwell-Gray, 2024. "Can law provide survivors with safety? Legal mobilization, legal consciousness, and protection order decision-making," Chapters, in: Mandy Burton & Vanessa Bettinson & Kayliegh Richardson & Ana Speed (ed.), Research Handbook on Domestic Violence and Abuse, chapter 12, pages 185-201, Edward Elgar Publishing.
    • Handle: RePEc:elg:eechap:21920_12
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    File URL: https://www.elgaronline.com/doi/10.4337/9781035300648.00018
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    Keywords

    Law - Academic;

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