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Restraining Orders for Battered Women - Issues of Access and Efficacy (From Criminal Justice Politics and Women - The Aftermath of Legally Mandated Change, P 13-28, 1985, Claudine SchWeber and Clarice Feinman, ed. - See NCJ-97701)

NCJ Number
97703
Author(s)
J Grau; J Fagan; S Wexler
Date Published
1985
Length
16 pages
Annotation
This paper examines the efficacy of civil restraining orders in reducing violence against women and analyzes data from followup interviews conducted in 1980 with clients 4 months after they received services from Federally supported domestic violence projects.
Abstract
Since the passage of the Pennsylvania Protection from Abuse Act in 1976, many States have enacted legislation to provide civil restraining orders for battered women. These orders, which offer a civil court alternative to criminal sanctions, are court-issued temporary or permanent orders which direct an assailant to refrain from further abusive conduct. However, interviews with 270 recipients of restraining orders suggest that the orders are generally ineffective in reducing the rate of abuse or violence. Analysis indicates that postproject abuse and violence are unaffected by the presence of a restraining order. Nearly three victims in five were abused within 4 months regardless of whether they had obtained a restraining order. While the restraining orders were ineffective in stopping physical violence, they were effective in reducing abuse for women with less serious histories of family violence or where the assailant was less violent in general. Measures to improve restraining order mechanisms should more clearly codify abuse and violence, improve access for those not married or cohabitating, streamline procedures and shorten waiting periods, address a full range of child-related concerns, strengthen sanctions, and mandate official responses to violations. Additionally, comprehensive legislation is needed to coordinate civil and criminal remedies. Four tables and 23 references are included. (Author abstract modified)