NCJ Number
244034
Date Published
2010
Length
19 pages
Annotation
This model policy for prosecutors and judges on imposing, modifying, and lifting criminal no-contact orders in domestic violence cases addresses the following factors: victim safety, the identification of victim motivations, recognizing victim intimidation, assessing risk and lethality, and assessments regarding the modification of no-contact orders.
Abstract
The model policy presented acknowledges that there is no universal approach to imposing, modifying, or lifting no-contact orders in domestic violence cases, because every case is different; however, the model advises that in each case, prosecutors and judges must obtain as much relevant information as possible in order to administer justice, protect victims, and hold offenders accountable. This paper outlines the factors in a domestic-violence case that should be examined when deciding whether to issue, modify, or lift no-contact orders. Victim safety is the top priority in a court's deciding whether to issue, modify, or lift a no-contact order. It should not be assumed that a strict no-contact order guarantees victim safety. Research has shown that domestic violence victims are at greatest risk when perpetrators perceive that the victim wants to end the relationship; therefore, no-contact orders can, in some cases, trigger an intensified effort to prevent the victim from leaving the relationship. Factors in examining such a dynamic are the victim's intent to either end or rehabilitate the relationship, indications that the perpetrator is intimidating the victim to retreat from court involvement in matters related to the victim's safety, and an assessment of the risk that the perpetrator will attempt to kill the victim rather than lose control over her. Regarding the decision about modifying no-contact orders, this may be a better strategy than lifting a no-contact order entirely, particularly when safety concerns are evident. 46 notes