4.2 Article

The Use of Structural Intersectionality as a Method to Analyze How the Domestic Violence Civil Protective Order Process Replicates Inequality

Journal

VIOLENCE AGAINST WOMEN
Volume 27, Issue 5, Pages 639-665

Publisher

SAGE PUBLICATIONS INC
DOI: 10.1177/1077801220958495

Keywords

intersectionality; structural intersectionality; domestic violence; protection orders; arrest

Funding

  1. National Institute of Justice, Office of Justice Programs, U.S. Department of Justice [2015-IJ-CX-0013]

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This article argues that using structural intersectionality is the best way to reveal how the protective order process replicates broader social inequalities, advocating for an alternative approach. It first identifies the mechanisms of inequality and then describes how these can be traced back to intersecting social identities. This highlights the importance of historical context and the blurring of the civil and criminal legal systems.
While protective orders remain a commonly used resource, multiply marginalized survivors are often unable to file for, obtain, serve, and enforce orders. I argue that using structural intersectionality as a method is the best way to reveal how the protective order process replicates broader social inequalities. I advocate for an alternative way of using structural intersectionality. I first identify the mechanisms by which inequalities exist and then describe how these can be traced back to intersecting social identities. In doing so, I highlight the importance of historical context and the blurring of the civil and criminal legal systems.

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