Restraining Orders May Incite Domestic Violence (From Domestic Violence: Opposing Viewpoints, P 134-138, 2000, Tamara L. Roleff, ed. -- See NCJ-185753)

• NCJ Number: 185770
• Author(s): Gerald McOscar
• Date Published: 2000
• Length: 5 pages
• Sale Source: Greenhaven Press
• Publication Format: Book (Hardbound)
• Publication Type: Collected Work
• Language: English
• Country: United States of America
• Note: Opposing Viewpoints Series

Annotation

The viewpoint in this paper is that restraining orders are frequently ineffective because a victim who seeks a restraining order may so anger an abusive partner that the batterer sometimes responds with deadly violence.

Abstract

In addition, since restraining orders can be issued merely on the word of the alleged victim, they are frequently used by vengeful spouses to gain the advantage in divorce or custody cases. Even though protection orders may be effective in most cases, that does not mean they are appropriate in most cases. Accounts of women being beaten after obtaining protection orders are common. The problem may not be that the law does not work but rather that it works too well. Protection orders are intentionally convenient and easy to obtain. The author believes protection orders are not the only weapon in domestic violence prevention. Lawyers, judges, and advocates have a wide range of options at their disposal, from criminal law at one end of the spectrum to counseling and mediation at the other. 1 figure