Safety for battered women in a textually mediated legal system1

This paper proposes a shift in legal advocacy approaches employed by activists in the US battered women's movement that would take into account how the work of criminal justice professionals (police officers, probation officers, judges, and prosecutors) is organized. While judicial procedures may be more successful in bringing domestic abusers to justice than in the past, they are less successful in producing safety for the victims of abusers. Using institution ethnography as a research strategy, I explore aspects of how the work of practitioners in the police and court system is organized in ways that are not observable to activists working with the victims of abuse. An important aspect of the institutional process are its texts. Texts, as they are produced and processed in people's work settings, coordinate and regulate the different phases of practitioners’ work. In these work processes, organized and limited by formalized texts, women's experience of violence and intimidation is erased and issues of their safety disappear. In conclusion, I propose a method of engaging criminal justice professionals and community advocates in an investigation of local criminal justice settings with the intent of making changes in practices which fail to attend to the safety needs of women who are battered.