Outcomes of Custody and Visitation Petitions When Fathers Are Restrained by Protection Orders: The Case of the New York Family Courts
Abstract
A random sample of custody and visitation petitions filed in New York City Family Courts in 1995 was used to examine outcomes of mothers’ Order of Protection (OP) Petitions in relation to parents’ custody and visitation petitions. Fathers restrained by OPs were more likely to secure visitation orders (64%) than not. In contrast, 80.8% of fathers’ custody petitions were dismissed when they were restrained by OPs. Fathers’ custody petitions were most likely to be ordered when mothers’ OP petitions were withdrawn. Mothers were most likely to secure custody when their OP petitions were ordered or withdrawn. Courts rarely denied petitions. Those that did not result in court orders were either withdrawn by the petitioner or dismissed by the court (most likely because of failure of the petitioner to appear in court). This pattern has negative implications for battered women who may be vulnerable to pressure or threats from abusive expartners.
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When there is a custody dispute, judges are less likely to grant protective orders.
“When there is a custody dispute, judges are less likely to grant protective orders (Rosen & O'Sullivan, 2005), and child protective services (CPS) are less likely to investigate reports of abuse (Black et al., 2021; Saini et al., 2013).”
From Post‐separation abuse: A concept analysis (2023) · cites this paper as Rosen & O'Sullivan, 2005
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“Paper Abuse”: When All Else Fails, Batterers Use Procedural Stalking
Miller, S. L., & Smolter, N. L. (2011) · Violence Against Women · doi:10.1177/1077801211407290 · Cited by 151 · see citing works
Post‐separation abuse: A concept analysis
Spearman, K. J., Hardesty, J. L., & Campbell, J. (2023) · Journal of Advanced Nursing · doi:10.1111/jan.15310 · Cited by 100 · see citing works
“When there is a custody dispute, judges are less likely to grant protective orders (Rosen & O'Sullivan, 2005), and child protective services (CPS) are less likely to investigate reports of abuse (Black et al., 2021; Saini et al., 2013).”
BackgroundAbused Mothers’ Safety Concerns and Court Mediators’ Custody Recommendations
Rivera, E. A., Zeoli, A. M., & Sullivan, C. M. (2012) · Journal of Family Violence · doi:10.1007/s10896-012-9426-4 · Cited by 50 · see citing works
- Authors
- Rosen, L. N., & O’Sullivan, C. S.
- Affiliations
- National Institute of Justice (US)
- Safe Horizon (US)
- Venue
- Violence Against Women
- Publisher
- SAGE Publications
- Published
- 2005-08
- Volume
- 11
- Issue
- 8
- Pages
- 1054-1075
- ISSN
- 1077-8012 (ISSN-L)
- 1552-8448
- OpenAlex
- W2148347037
- Cited by
- 31
- References
- 0
- Citations by year
- 2026: 1 · 2025: 1 · 2024: 2 · 2023: 1 · 2022: 1 · 2018: 2 · 2017: 1 · 2016: 1 · 2015: 1 · 2014: 1 · 2012: 3
- FWCI
- 2.70
- Type
- journal article
- Language
- en
- Open access
- closed
- Locations
- Violence Against Women (publishedVersion)
- PubMed (publishedVersion)
- Topics
- Social Sciences › Health › Intimate Partner and Family Violence
- Social Sciences › Law › Family and Matrimonial Law
- Social Sciences › Demography › Family Dynamics and Relationships
- Keywords
- domestic violence, intimate partner violence, battered women, mother custody, dismissal of petition
- MeSH terms
- Adult, Child, Child Abuse, Child Custody, Child Welfare, Divorce, Fathers, Female, Humans, Male, New York, Parent-Child Relations, Retrospective Studies, Spouse Abuse, Spouses, Battered Women, Dissent and Disputes
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