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Violence Against Women, Vol. 11, No. 8, 1054-1075 (2005)
DOI: 10.1177/1077801205278045

Outcomes of Custody and Visitation Petitions When Fathers Are Restrained by Protection Orders

The Case of the New York Family Courts

Leora N. Rosen

National Institute of Justice

Chris S. O’Sullivan

Safe Horizon

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 Fathers’ custody petitions were most likely to be ordered when mothers’ OP petitions were withdrawn. Mothers were most likely to secure custody when their OP petitions were ordered or withdrawn.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 Those that did not result in court orders were either withdrawn by the petitioner or dismissed by the court (most likely because of failure of the petitioner to appear in court).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.

Key Words: custody • domestic violence • family court • orders of protection • visitation


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