restraining order research paper example

restraining order research paper example

The Importance of Restraining Orders in Ensuring Personal Safety

1. Introduction

The task of providing safety to American citizens is being addressed like never before by the lawmakers of this nation. It is the dawn of a new era, a time that brings with it new legislation that secures and upholds the rights of the individual. At the forefront of this movement is the issue of restraining orders. This is a civil court order that is designed to prevent acts of domestic violence, harassment, stalking, and sexual assault. A protective order is another name for a restraining order; however, according to the severity of the case, the order can either become active or remain in effect until the death of the victim or assailant, or it can last for a specific period of time decided by the judge, with the possibility of an extension to the original time frame. In order for law enforcement to protect a victim from their assailant to the best of their ability, it is essential that they have a full understanding of the laws that govern protective orders, their limitations, and the implications for a victim, assailant, and law enforcement. This will allow police officers to implement appropriate procedures so as to effectively utilize protective orders in the safeguarding of a victim from further harm.

2. Understanding Restraining Orders

Whist not a criminal charge, a restraining order is a court order intended to prevent further acts of violence against you done by the person who hurt or threatened you. It’s a legal document obtained through a court to help protect you and your family from further violence, and it can offer other forms of relief as well. It’s commonly believed that a restraining order is a piece of paper and it won’t actually do anything to prevent further violence. In my personal experience, my family referred to our restraining orders as “fire starters,” apparently because that’s all they were good for. And unfortunately, in some cases, that’s probably true. But in reality, the restraining order itself isn’t the problem. The problem with restraining orders lies in local police attitudes and the lack of understanding about what a restraining order can do. A restraining order has the potential to be an extremely useful tool to increase the safety of victim-survivors and their children. But that potential is often overlooked or dismissed, and so restraining orders become essentially useless.

3. The Legal Process of Obtaining a Restraining Order

B. Temporary restraining order The court will grant a temporary restraining order if it appears from the specific facts shown by the victim that immediate and irreparable injury, loss, or damage will result if the order is not granted. The victim must particularly describe the injury, loss, and damage in their petition. If the victim is asking for an order against someone they have not yet given notice to, the court will only issue a temporary restraining order (Ex Parte order) pending a hearing on whether the victim can get a permanent restraining order. The abuser does not get a chance to defend themselves at this point. The victim will have to go back to court and serve the abuser with the order as well as the date for the hearing to give the abuser a chance to defend themselves. The court will deny the temporary order if the victim fails to show that the injury would occur without the order, or if the court finds there is no basis for the order in light of the whole record.

A. Initial filing The process begins with filing a petition in the local court. The victim will proceed to the county courthouse and request to file a restraining order. The victim will be directed to the domestic violence office or family law division to complete the petition. The victim will be required to provide the court with information on the relationship between the victim and the abuser. This information will assist the court in determining whether it has jurisdiction to issue the restraining order. The victim will need to provide as much information as possible about the abuser, including their address and the addresses of any other places where the abuser can contact the victim. All of this information will help the police locate the abuser in the event that they violate the restraining order. If the victim is in need of immediate protection, they may request a temporary restraining order.

4. The Effectiveness of Restraining Orders in Preventing Harm

It is clear from the plethora of studies conducted in this area that restraining orders have their strengths and also their limitations in preventing further violence and harassment. One common misconception is that the law on restraining orders is consistent. This is not the case. Legislation on restraining orders is prone to change and differs from one country to the next. In a study examining the psychological impact of restraining orders in Canada, Geller and Green discovered that many of the participating women in this study had experienced difficulties in understanding exactly what a restraining order entailed. This was attributed to the lack of legal advice and information available to these women. Many found it hard to acquire information and assistance from the police and in some cases, legal aid. This lack of information resulted in some women having the perception that it was them who had to enforce the restraining order by confronting the abuser, when in fact, the onus lay on the abuser to obey the conditions of the order.

Restraining orders have been heralded as a critical component in efforts to protect individuals who have been subject to domestic violence or harassment from further harm or unwanted contact. Yet, the essentials of restraining orders are sometimes misinterpreted. They are seen as a “quick fix” to ending harmful behavior and restoring a life that has been disrupted by fear and intimidation. For this reason, some individuals have been led to believe that if a restraining order fails to help prevent further abuse, the fault lies within the individual who was subject to the abuse, as a result of them not having tried hard enough to enforce the order or having believed too strongly in the effectiveness of the order.

5. Conclusion: Empowering Individuals through Restraining Orders

Restraining orders empower victims from violence or abuse by holding offenders away from the victim, their home, place of employment, and even their children. They give specific legal recourse for the police and the victim if the restraining order is violated and create a legal record of the violence or abuse. They offer specific legal protections that hold significant weight with law enforcement officers. Essential to the restraining order’s implementation is a mandatory arrest provision for violation and giving the officer the power to detain the offender until the first court appearance. This is essential, as law enforcement plays a critical role in assisting victims of abuse in the process of seeking legal recourse and in the protection of their rights. It’s been shown that enforcement of restraining orders can lower the incidents of abuse to the victim. Failure to consistently enforce or make any arrest for violation of a restraining order sends a message that the order is not important and that the offender will not be held accountable for continuing to abuse the victim.