scholarly journals Identifying Armed Respondents to Domestic Violence Restraining Orders and Recovering Their Firearms: Process Evaluation of an Initiative in California

2014 ◽  
Vol 104 (2) ◽  
pp. e113-e118 ◽  
Author(s):  
Garen J. Wintemute ◽  
Shannon Frattaroli ◽  
Barbara E. Claire ◽  
Katherine A. Vittes ◽  
Daniel W. Webster
Keyword(s):  
Domestic Violence ◽  
Process Evaluation ◽  
Restraining Orders

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.

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.

scholarly journals Helpful tools for criminal prosecution in domestic violence cases: Some ideas from the United States of America

Temida ◽  
2003 ◽  
Vol 6 (2) ◽  
pp. 67-71
Author(s):  
Katie Zoglin
Keyword(s):  
United States ◽  
Domestic Violence ◽  
Law Enforcement ◽  
Support Services ◽  
Justice System ◽  
The United States ◽  
Criminal Prosecution ◽  
Restraining Orders ◽  
Care Workers ◽  
Victim Support

In this paper author presents three instruments that have been proven helpful in domestic violence prosecutions in the United States, particularly in California: (1) laws, (2) inter-agency protocols, and (3) victim support services. Prosecutors have found that certain laws have been helpful in domestic violence prosecutions. These include restraining orders, criminal penalties for violations of restraining orders, and evidence code provisions permitting certain kinds of testimony. Second, many jurisdictions in California have drafted inter-agency protocols. The purpose of these protocols is to help law enforcement, health care workers, and social workers in gathering evidence relating to domestic violence cases. Finally, most victims are not familiar with the criminal justice system many are nervous about going to court for domestic violence cases, for a variety of reasons. As a result, many jurisdictions have established victim support services.

Preventing Ordinary and Extraordinary Violence

2019 ◽  
pp. 272-300
Author(s):  
Mary D. Fan
Keyword(s):  
Risk Factors ◽  
Domestic Violence ◽  
Public Opinion ◽  
Reporting System ◽  
Violent Death ◽  
Red Flags ◽  
Police Discretion ◽  
Restraining Orders ◽  
Domestic Disturbances ◽  
Mass Killings

The paradigm of the armed and dangerous mass killer in public opinion and legislation is a homicidal-suicidal stranger hunting in public. Yet half of all firearms-related homicides take place in the home, typically among intimates and people known to the slain. Drawing on data from the National Violent Death Reporting System, this chapter shows that even in the context of extraordinary violence by the homicidal-suicidal, the major early red flags and risk factors involve seemingly ordinary smaller-scale assaults and domestic disturbances. Firearms laws prevent individuals convicted of crimes of domestic violence or under court-issued restraining orders from possessing firearms. The problem is that many perpetrators never come to the attention of a court. Based on these findings regarding what current legal screens miss, this chapter discusses how police discretion and scene-of the-assault procedure for “ordinary” domestic violence can help prevent escalation to the feared extraordinary violence of homicidal-suicidal mass killings.

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.

Domestic Violence Reforms: Empty Promises or Fulfilled Expectations?

1995 ◽  
Vol 41 (4) ◽  
pp. 541-552 ◽  
Author(s):  
Robert C. Davis ◽  
Barbara Smith
Keyword(s):  
Domestic Violence ◽  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
Court Cases ◽  
Domestic Court ◽  
Mandated Treatment ◽  
The Past ◽  
Restraining Orders ◽  
Court Mandated

During the past few decades, criminal justice agencies have radically changed the way that they respond to domestic violence incidents. Arrest had become the preferred police response to domestic incidents, prosecutors have acted to reduce the control of victims over domestic court cases, restraining orders have become more widely used, and court-mandated treatment for batterers has become common. The authors review what is known about the efficacy of these major reforms and conclude that the criminal justice system remains for from developing a set of tools that work well across a variety of situations in reducing the likelihood of future violence.

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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