Police Responses to Restraining Orders in Domestic Violence Incidents

2000 ◽  
Vol 27 (5) ◽  
pp. 561-580 ◽  
Author(s):  
ROBERT J. KANE
Keyword(s):  
Domestic Violence ◽  
Logistic Regression ◽  
Police Officers ◽  
Theoretical Framework ◽  
Policy Implications ◽  
Restraining Order ◽  
Restraining Orders ◽  
Police Responses ◽  
Risk Of Injury ◽  
Predictive Strength

The present analysis examines the extent to which police officers arrest domestic violence offenders who violate restraining orders. The study develops a theoretical framework, referred to as the custody-threshold thesis, that considers the decision to arrest to be a function of the officers' goals to satisfy one of several purposes of custody. Findings from logistic regression modeling show that restraining-order violations in domestic violence incidents have the greatest impact on arrest probability when risk of injury to the victim is low, but that as risk increases, the predictive strength of restraining-order violations diminishes. Findings support the custody-threshold thesis, suggesting important policy implications, which are identified and discussed.

The Tendency to Make Arrests in Domestic Violence: Perceptions From Police Officers in China

2018 ◽  
Vol 62 (16) ◽  
pp. 4923-4941 ◽  
Author(s):  
Ruohui Zhao ◽  
Hongwei Zhang ◽  
Yong Jiang ◽  
Xuening Yao
Keyword(s):  
Domestic Violence ◽  
Logistic Regression ◽  
Regression Analysis ◽  
Police Officers ◽  
Chinese City ◽  
Police Responses ◽  
Southern Chinese ◽  
Private Matter ◽  
Officer Attitudes ◽  
Do So

The present study examines police officer attitudes and responses to domestic violence on a sample of 520 officers in a southern Chinese city. The police officers were asked to respond to two vignette scenarios depicting husbands assaulting their wives. The results show high correlations between officer responses to the two vignettes: Husbands are much more likely to be arrested than wives. The results of logistic regression analysis reveal that officers who view their profession as that of a law enforcer are more likely to arrest either husbands or wives. Officers who believe domestic violence to be a private matter are less inclined to arrest husbands, while those who hold profeminist attitudes are more inclined to do so. Finally, the implications are considered for further understanding of police responses to domestic violence in the Chinese context.

Including Domestic Violence Restraining Orders in Brady Bill Background Checks: The Alaska Experience

2000 ◽  
Vol 11 (4) ◽  
pp. 329-340
Author(s):  
Lawrence C. Trostle ◽  
Allan R. Barnes ◽  
Cassie L. Atwell
Keyword(s):  
Domestic Violence ◽  
Policy Makers ◽  
Background Checks ◽  
Restraining Order ◽  
Restraining Orders ◽  
The Impact

Alaska has recently implemented major changes in its ability to capture when a domestic violence restraining order has been issued and in its ability to make this information available to the authorities for the purposes of Brady Bill handgun application background checks. Curiously, as the number of cases of domestic violence has increased dramatically, the number of handgun applications has decreased sharply. The article follows these events of recent years and points out the problems faced by policy makers in trying to understand the impact of the changes on future incidents of domestic violence.

Police Response to Mandatory Arrest Laws

1995 ◽  
Vol 41 (4) ◽  
pp. 430-442 ◽  
Author(s):  
Sylvia I. Mignon ◽  
William M. Holmes
Keyword(s):  
Domestic Violence ◽  
Police Officers ◽  
Police Training ◽  
Police Departments ◽  
Police Response ◽  
Mandatory Arrest ◽  
Restraining Order ◽  
Weapon Use

Mandatory arrest laws, although controversial, have gained support as one mechanism for reducing domestic violence. This research examines how police officers responded to mandatory arrest statutes. Twenty-four police departments produced data on interventions in 861 cases of domestic violence. Implementing a mandatory arrest law significantly increased arrests of offenders, especially those in violation of a restraining order. Arrest was affected by injury to the victim, use of a weapon, use of alcohol, and presence of a witness. Police training was crucial to the implementation of the mandatory arrest statute.

scholarly journals The “Gray Zone” of Police Work During Mental Health Encounters

2016 ◽  
Vol 20 (1) ◽  
pp. 81-105 ◽  
Author(s):  
Jennifer D. Wood ◽  
Amy C. Watson ◽  
Anjali J. Fulambarker
Keyword(s):  
Mental Health ◽  
Decision Making ◽  
Police Officers ◽  
Police Work ◽  
Mental Illnesses ◽  
Policy Implications ◽  
Gray Zone ◽  
Police Responses ◽  
Health Related ◽  
Core Features

Although improving police responses to mental health crises has received significant policy attention, most encounters between police and persons with mental illnesses do not involve major crimes or violence nor do they rise to the level of emergency apprehension. Here, we report on field observations of police officers handling mental health-related encounters in Chicago. Findings confirm these encounters often occur in the “gray zone,” where the problems at hand do not call for formal or legalistic interventions. In examining how police resolved such situations, we observed three core features of police work: (a) accepting temporary solutions to chronic vulnerability, (b) using local knowledge to guide decision making, and (c) negotiating peace with complainants and call subjects. Findings imply the need to advance field-based studies using systematic social observations of gray zone decision making within and across distinct geographic and place-based contexts. Policy implications for supporting police interventions are also discussed.

Police Response to Domestic Violence: The Influence of Individual and Familial Factors

1990 ◽  
Vol 5 (1) ◽  
pp. 37-49 ◽  
Author(s):  
Sandra M. Stith
Keyword(s):  
Domestic Violence ◽  
Police Officers ◽  
Spouse Abuse ◽  
Sex Role ◽  
Marital Violence ◽  
Family Characteristics ◽  
Path Model ◽  
Police Response ◽  
Police Responses ◽  
The Family

Although police officers are often the first group outside the family to intervene in domestic violence situations, little is known about how individual and family characteristics influence the male police officer’s responsiveness in these situations. This study addressed this issue with data from 72 midwestern male police officers. The officers were asked to respond to vignette scenarios in which husbands had assaulted their wives. Three variables previously related to spouse abuse (sex role egalitarianism, approval of marital violence, and marital stress) and the officer’s use of violence in his own marriage were entered into a path model to predict three different possible police responses (i.e., mediating response, arrest, and antivictim response). The model predicted significant variance in the officer’s hostile response to victims of domestic violence but not to his likelihood of arresting abusers or mediating between the abusive couple. Implications for understanding domestic violence and police response are presented.

The Use of Temporary Restraining Orders (TROs) as a Strategy to Address Intimate Partner Violence

2004 ◽  
Vol 19 (3) ◽  
pp. 343-356 ◽  
Author(s):  
Valli Kalei Kanuha ◽  
Martha L. Ross
Keyword(s):  
Intimate Partner Violence ◽  
Partner Violence ◽  
Domestic Abuse ◽  
Intimate Partner ◽  
Outcome Data ◽  
Policy Implications ◽  
Restraining Order ◽  
Restraining Orders ◽  
Police Reports

One of the most prominent interventions developed to protect victims in domestic abuse cases is the temporary restraining order or “TRO,” the purpose of which is to restrain an alleged defendant from further harassment or abuse against a plaintiff. This report analyzes 397 restraining order petitions, and subsequent arrest and conviction data for TRO defendants from 1996 to 1998. Findings confirm that TRO petitioners report many types of abuse and while half of TRO defendants do not re-offend, a small percent of defendants are responsible for multiple police reports, arrests, and criminal violations. Outcome data are discussed for program and policy implications.

scholarly journals Erring on the Side of Hidden Harm: The Granting of Domestic Violence Restraining Orders

Partner Abuse ◽  
2010 ◽  
Vol 1 (2) ◽  
pp. 220-229 ◽  
Author(s):  
David N. Heleniak
Keyword(s):  
Mental Health ◽  
Domestic Violence ◽  
Children’S Mental Health ◽  
Children's Mental Health ◽  
Restraining Order ◽  
Restraining Orders ◽  
The Media ◽  
Violent Acts ◽  
Parent Child Relationships ◽  
Parent Child

In deciding whether to enter a domestic violence restraining order, many judges think about their careers in addition to the merits of the cases before them. While the damage to parent–child relationships and to children’s mental health caused by the overzealous entering of restraining orders is seldom if ever reported by the media, the harm caused by overtly violent acts following the failure to enter restraining orders most certainly is. In regards to restraining orders, the phrase “erring on the side of caution” is often invoked. It is more accurate, however, to characterize the judge’s behavior as “erring on the side of hidden harm.” Rather than judges, juries—one time judicial actors—should decide when domestic violence restraining orders are warranted.

Correlates of Chinese Police Officer Decision-Making in Cases of Domestic Violence

2019 ◽  
Vol 66 (11) ◽  
pp. 1556-1578 ◽  
Author(s):  
Xinting Wang ◽  
Brittany E. Hayes ◽  
Hongwei Zhang
Keyword(s):  
Decision Making ◽  
Domestic Violence ◽  
Police Officers ◽  
Ordinary Least Squares ◽  
Policy Implications ◽  
Future Research ◽  
Attitudes And Beliefs ◽  
Extralegal Factors ◽  
The Relationship ◽  
Chinese Police

The purpose of the current study is to uncover whether extralegal factors play a significant role in Chinese police officers’ decision-making in response to a hypothetical incident of domestic violence (DV). Data were collected from a sample of Chinese police officers located in southwestern China. Ordinary least squares (OLS) regression analyses were conducted to examine the relationship between the attitudes and beliefs of police officers and their decision-making in DV (i.e., recommend putting suspect into custody, victim into custody, and mediation; N = 514). The results suggest extralegal factors associated with culture do exert a significant effect on police officers’ decision-making in cases of DV, but the extent may be minimal. Policy implications and directions for future research are discussed.

scholarly journals RESTRAINING ORDER IN THE ROMANIAN LEGISLATION AND PRACTICE

2021 ◽  
Vol 16 (1-2) ◽  
pp. 47-57
Author(s):  
Andreea-Elena Matic ◽  
Stefania-Cristina Mirica
Keyword(s):  
Domestic Violence ◽  
Police Officers ◽  
Restraining Order ◽  
The Family ◽  
Women And Children ◽  
Risk Situation ◽  
Legislative Changes ◽  
Protection Order ◽  
Legislative Measures ◽  
Important Progress

The protection of the family (especially women and children) consists of important provision in both the international and internal laws of the states. Unfortunately, in Romania, the incidence of domestic violence is high, an aspect that we will highlight in our paper. In this article we aim to analyse the latest legislative changes in the field of protection order, with reference to the provisional protection order. Regarding the temporary restraining order, it is regulated by Order no. 146/2578/2018 (Minister of Internal Affairs and Minister of Labor and Social Justice, 2018) on how to manage cases of domestic violence by police officers. Through this normative act, the necessary framework was created so that the police can intervene quickly when phenomena of domestic violence are registered and to ensure the immediate protection of the victims of aggressors. The police officers assess the risk situation in each case, and it may be ordered to issue a temporary restraining order until the competent court rules on the situation created for a longer period of up to 6 months, with the possibility of extending it. We will also present some relevant cases. Over the last 10 years, the protection of the family (especially women and children) has made some important progress both in terms of legislation and practice. Unfortunately, the level of domestic violence is still significant and, in addition to the legislative measures we will refer to in the article, more measures are needed to educate the population and raise awareness of the severity of this phenomenon that affects the integrity and physical and mental development of victims.

Stalkers: Specialists Versus Generalists

2021 ◽  
pp. 088626052110235
Author(s):  
Lorraine Sheridan ◽  
Martyna Bendlin ◽  
Paul House
Keyword(s):  
Domestic Violence ◽  
Western Australia ◽  
Police Force ◽  
Restraining Orders ◽  
Police Data

Abstract It is known that many domestic violence (DV) offenders also commit violent and nonviolent offences that are not domestic in nature. Stalking frequently evolves from DV contexts. The present study used police data to explore (i) the extent to which stalking offenders in Western Australia specialize in stalking, (ii) the frequency of involvement in DV offending by stalking offenders, and (iii) the types of offences that co-occur with stalking offences. The dataset covered 404 individuals who were identified by the Western Australia Police Force as the offender for a stalking offence between January 1st, 2003 and July 30th, 2017. Only a minority of the offenders specialized in stalking, with the majority offending in other ways against the index victim and also offending against others via a broad range of offences. Although less than 10% were recorded as having carried out domestic assaults, more than half had broken restraining orders. Like DV offenders, the stalkers in this sample were largely generalist offenders. It was not clear, however, what proportion of offences against the same index victim were directly related to stalking. Stalking is a course of conduct that often involves individual acts that may be offences in themselves. What is clearer is the finding that for many stalkers, stalking forms part of a wider pattern of antisocial activity. Those stalkers who do not specialize in stalking may be less likely to benefit from intervention efforts that are focused solely on stalking.

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