Studies suggest that restraining orders help curb domestic violence

June 26, 2013

Studies suggest that restraining orders help curb domestic violence

Article provided by Goodman & Leopold L.L.P.
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According to research from the National Violence Against Women Prevention Center, a majority of victims do not request restraining orders after the first occasion of abusive violence. Specifically, approximately 17 percent of assault victims, 36 percent of those who have been stalked and 16 percent of sexual assault victims sought orders following a first episode of abuse. Unfortunately, it can take several years before a victim pursues an order for protection. Many victims believe that the orders are simply a piece of paper, which will not prevent future acts of violence. However, recent evidence suggests otherwise.

Protective or restraining orders do help

Contrary to belief, many victims of domestic abuse have benefited from restraining or protective orders. They can help prevent further acts of violence. The Courier-Post reports that in Camden County, more than 3,000 orders were issued in 2012 on behalf of victims seeking protection from abusive family members, roommates or partners.

Many people believe that domestic abuse must involve shoving, hitting, kicking or other acts of physical violence. However, that is not true. In New Jersey, "domestic violence" can be used to refer to threats, harassment and even property damage in some cases.

To initiate a temporary restraining order, the victim must allege an act of domestic violence. This might be anything from harassment to assault. The effect of the order tells the defendant-abuser that he or she cannot have contact with the victim. If a defendant violates the legal order, there will be serious consequences.

The director of the New Jersey Coalition for Battered Women notes that the time period following an initial separation is important to the safety of victims. This is the time when the abuser might attempt to regain control of the situation (and try to get the victim back). However, research suggests that restraining orders nonetheless keep victims safer. This is especially true when the protective order meets the victim's specific needs and supportive enforcement is present.

As the law evolves, such orders provide more safeguards. For example, New Jersey law now requires that those who violate a restraining order post bail with full cash or a secure bond. However, the law is very complex, and those dealing with domestic violence often need legal assistance.

If you are currently dealing with a domestic violence matter, you may benefit from speaking with a qualified family law attorney. A lawyer can help you sort any available options.