scholarly journals IS THE RESTRAINING ORDER O SOLUTION AGAINST DOMESTIC VIOLENCE?

2020 ◽  
Vol 15 (1-2) ◽  
pp. 113-117
Author(s):  
Calina Andreea GARDIKIOTIS ◽  
Keyword(s):  
Domestic Violence ◽  
Restraining Order

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.

Do Judicial Responses to Restraining Order Requests Discriminate Against Male Victims of Domestic Violence?

2009 ◽  
Vol 24 (8) ◽  
pp. 625-637 ◽  
Author(s):  
Henry J. Muller ◽  
Sarah L. Desmarais ◽  
John M. Hamel
Keyword(s):  
Domestic Violence ◽  
Male Victims ◽  
Restraining Order

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 Retracted: Analysis of the Strength of Legal Firearms Restrictions for Perpetrators of Domestic Violence and Their Associations With Intimate Partner Homicide

2017 ◽  
Vol 187 (7) ◽  
pp. 1449-1455 ◽  
Author(s):  
April M Zeoli ◽  
Alexander McCourt ◽  
Shani Buggs ◽  
Shannon Frattaroli ◽  
David Lilley ◽  
...  
Keyword(s):  
Domestic Violence ◽  
Fixed Effects ◽  
Negative Binomial ◽  
State Level ◽  
Negative Binomial Regression ◽  
Intimate Partner ◽  
Restraining Order ◽  
Level Data ◽  
Binomial Regression ◽  
Firearms Restrictions

Abstract In this research, we estimate the association of firearm restrictions for domestic violence offenders with intimate partner homicides (IPHs) on the basis of the strength of the policies. We posit that the association of firearm laws with IPHs depends on the following characteristics of the laws: 1) breadth of coverage of high-risk individuals and situations restricted; 2) power to compel firearm surrender or removal from persons prohibited from having firearms; and 3) systems of accountability that prevent those prohibited from doing so from obtaining guns. We conducted a quantitative policy evaluation using annual state-level data from 1980 through 2013 for 45 US states. Based on the results of a series of robust, negative binomial regression models with state fixed effects, domestic violence restraining order firearm-prohibition laws are associated with 10% reductions in IPH. Statistically significant protective associations were evident only when restraining order prohibitions covered dating partners (−11%) and ex parte orders (−12%). Laws prohibiting access to those convicted of nonspecific violent misdemeanors were associated with a 24% reduction in IPH rates; there was no association when prohibitions were limited to domestic violence. Permit-to-purchase laws were associated with 10% reductions in IPHs. These findings should inform policymakers considering laws to maximize protections against IPH.

The Role of Stalking in Domestic Violence Crime Reports Generated by the Colorado Springs Police Department

2000 ◽  
Vol 15 (4) ◽  
pp. 427-441 ◽  
Author(s):  
Patricia Tjaden ◽  
Nancy Thoennes
Keyword(s):  
Domestic Violence ◽  
Police Department ◽  
Male Victims ◽  
Female Victims ◽  
Colorado Springs ◽  
Police Investigation ◽  
Restraining Order ◽  
Households With Children ◽  
Crime Reports

A review of 1,785 domestic violence crime reports generated by the Colorado Springs Police Department found that 1 in 6 (16.5 percent) contained evidence the suspect stalked the victim. Female victims were significantly more likely than male victims to allege stalking by their partners (18.3 vs. 10.5 percent). Most stalkers were former rather than current intimates. Regardless of victims’ gender, reports with stalking allegations were significantly less likely to mention physical abuse or victim injury in the presenting condition, to involve households with children, or to involve victims and suspects who were using alcohol at the time of the report. Female victims who alleged stalking by their partner were significantly less likely than female victims who did not allege stalking to be emotionally distraught at the time of the report, but significantly more likely to have an active restraining order against the suspect, and to sign releases to facilitate the police investigation. Police almost never charged domestic violence stalking suspects with stalking, preferring instead to charge them with harassment or violation of a restraining order.

PROTECTION ORDER: INTERNATIONALSTANDARDS, FOREIGN EXPERIENCE AND NATIONAL PRACTICE

2021 ◽  
Vol 6 (2) ◽  
pp. 89-98
Author(s):  
Firuza Khamdamova ◽  
Keyword(s):  
Domestic Violence ◽  
Protective Order ◽  
Foreign Experience ◽  
Restraining Order ◽  
Foreign Countries ◽  
Protective Orders ◽  
The Right ◽  
Protection Order ◽  
National Practice

The article is devoted to the experience of using a protection order to protect victims of domestic or domestic violence. The article provides an overview of relevant international documents, considers the experience of a number of foreign countries, as well as the experience of Uzbekistan. The article notes that along with the concept of "protection order", there are the concepts of "restrainingorder", "protective order", "injunction", "restraining order", etc. In the practice of foreign countries, as a rule, there are 2 types of protective orders -issued for a shorter period (by the police) and for a longer period (by the court). In parallel with the protection order procedure, the victim has the right to apply to the court for compensation and prosecution of the aggressor

scholarly journals Providing police with an urgent restraining order as a special measure to combat domestic violence in administrative offenses

2020 ◽  
pp. 291-294
Author(s):  
Кaterina Guseva ◽  
Ivanna Gorbach-Kudrya
Keyword(s):  
Domestic Violence ◽  
General Mechanism ◽  
Criminal Offense ◽  
Restraining Order ◽  
Special Measure ◽  
Preventive Activity ◽  
Internal Affairs ◽  
Restrictive Measures ◽  
National Police ◽  
Protection Of Life

The article presents a model of complementation of functions of authorized units of the National Police and distinguishes their actions in the general mechanism of preventive activity in preventing and combating domestic violence. Urgent injunction against the abuser is a special measure to counter domestic violence, used by authorized units of the National Police of Ukraine as a response to the fact of domestic violence and aimed at the immediate cessation of domestic violence, eliminating the danger to life and health of victims and preventing injuries and preventing injuries. committing such violence. The conditions for its removal are the existence of a direct threat to the life or health of the victim. The current procedure for issuing an urgent restraining order by police involves the use of a special measure to counter domestic violence against the offender in the situation of committing physical domestic violence as a criminal offense, not an administrative offense. The Code of Administrative Offenses does not provide for measures to ensure administrative offenses against offenders in order to end domestic violence. At the same time, the Code of Criminal Procedure contains a provision allowing restrictive measures to be applied to a person suspected of committing domestic violence as a criminal offense. The lack of adequate regulatory support in the Code of Administrative Offenses concerning the issuance of an urgent restraining order as a special measure limits the preventive activity of units of the National Police of Ukraine in countering domestic violence as an administrative offense. The authors of the article propose to supplement Chapter 20 of the Code of Administrative Offenses, as well as to streamline the order of the Ministry of Internal Affairs of 01.08.2018 №654 and the interagency order of the Ministry of Social Policy of Ukraine and the Ministry of Internal Affairs of 13.03.2019 № 369/180. The proposed changes do not contravene the Law of Ukraine "On the National Police", which allows a police officer to require a person (persons) to leave a certain place for a certain period or to prohibit or restrict persons from access to a designated territory or objects, if necessary for the protection of life and health. people.

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.

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.

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