Notification and Risk Management for Victims of Domestic Violence

28 Wis. J.L. Gender & Society 1 (2013)

49 Pages Posted: 21 May 2015

See all articles by Jaime Dahlstedt

Jaime Dahlstedt

Arizona State University (ASU) - Sandra Day O'Connor College of Law

Date Written: 2013

Abstract

Technological advances have made possible the real-time enforcement of temporary and contested protection orders issued on behalf of victims of domestic abuse, particularly through global positioning satellite (GPS) monitoring of individuals who have been found to have committed domestic violence offenses and against whom “stay-away” orders have been entered. Notwithstanding this capability, however, courts rarely impose GPS monitoring requirements alongside the safety provisions routinely imposed in domestic abuse cases.

This Article examines and critiques this prevailing practice. It argues that the procedural, substantive and logistical objections to GPS monitoring do not sufficiently justify the systemic failure to impose such conditions. This Article further discusses the role of institutional and attitudinal constraints in the continued reluctance of courts to impose GPS monitoring conditions. Finally, in light of these constraints, this Article advances a multifaceted approach by victim advocates designed to recognize more fully the potential of GPS monitoring to reduce domestic violence recidivism.

Keywords: Domestic Violence, GPS Monitoring, Stay Away Order

Suggested Citation

Dahlstedt, Jaime, Notification and Risk Management for Victims of Domestic Violence (2013). 28 Wis. J.L. Gender & Society 1 (2013), Available at SSRN: https://ssrn.com/abstract=2606512

Jaime Dahlstedt (Contact Author)

Arizona State University (ASU) - Sandra Day O'Connor College of Law ( email )

Box 877906
Tempe, AZ 85287-7906
United States

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