Pragmatic Punitiveness: The Institutionalization of Criminal Domestic Violence Protection Orders

Abstract

This paper analyzes the implementation of a domestic violence law in Minnesota that, in 2006, made the violation of a Domestic Abuse No-Contact Order a felony-level offense. Since this legal change, the rate of conviction for Domestic Abuse No-Contact Order felonies skyrocketed with stark racial disparities among Black and Native American residents, relative to Whites. Analysis of case files reveals that Domestic Abuse No-Contact Order convictions result from a range of behaviors, from seemingly mutual contact between the defendant and protected party to serious physical violence. We argue that the Domestic Abuse No-Contact Order law facilitates pragmatic punitiveness for legal actors. It is easier for prosecutors to demonstrate contact occurred than to prove domestic assault. Yet, the penalty for a Domestic Abuse No-Contact Order is as severe as the penalties for other domestic abuse-related crimes in Minnesota. Thus, the Domestic Abuse No-Contact Order law enables prosecutors to respond forcefully to domestic violence while avoiding additional burdens on their time and resources.