Structural Safety Gaps for Survivors of Intimate Partner Violence In Civil and Family Courts

Background and Purpose:

Survivors of intimate partner violence (IPV) frequently participate in civil and family court proceedings related to restraining orders, custody, divorce, and related matters. While criminal court proceedings often include formal victim protections, comparable safety procedures are frequently absent or inconsistently implemented in civil court settings. Survivors may be required to share waiting areas, hallways, and entrances with the individual responsible for the abuse, potentially creating ongoing safety concerns and barriers to participation in legal processes. This project examines structural safety gaps affecting IPV survivors in civil and family court environments and explores policy opportunities to improve survivor safety and access to justice.

Methods:

This project uses a descriptive policy and systems analysis approach to examine existing courthouse practices and identify structural gaps affecting survivor safety in civil and family court proceedings. Relevant legal frameworks, victim rights policies, and courthouse procedural practices were reviewed to identify differences in protections between criminal court proceedings and civil court environments. Particular attention was given to procedural and environmental factors within courthouse settings that may influence survivor safety.

Results:

Preliminary analysis suggests that many civil and family court settings lack standardized safety procedures designed to protect survivors of intimate partner violence during court appearances. Identified gaps include shared waiting areas, lack of staggered scheduling or arrival procedures, limited escort services, and absence of trauma-informed courthouse design considerations. These structural conditions may increase survivor anxiety, reduce willingness to pursue legal protections, and create barriers to meaningful participation in civil legal proceedings.

Conclusions and Implications:

Addressing safety gaps in civil and family court environments represents an important opportunity to improve access to justice for survivors of intimate partner violence. Policy reforms may include implementation of separate waiting areas, staggered court scheduling, safe entry and exit procedures, and enhanced coordination with victim advocacy services. Further research is needed to evaluate courthouse safety practices and identify effective strategies to support survivor participation in civil legal processes.