ladies that have restraining orders and still get hurt by the attacker?

Question

i'm doing a report on this and i need info to put in my paper

Answer 1

I don't see a real question here, but I was interested in the question because my county just had a murder the other day of a woman by her husband who had a domestic violence protective order (DVPO's). You should first understand that a restraining order is a very general blanket term whereby a judicial official tells a party (person or company) to stop doing something because to allow the party to continue would cause irreparable damage, i.e. - many environmental groups have sought and obtained restraining orders to prevent the clearcutting of old-growth forests by paper or logging companies.

Now, DVPO's are usually different in that they typically carry criminal penalties above the normal penalties for contempt of court. North Carolina where I am has a maximum 150 day penalty for violation of a DVPO whereas contempt is punishable by a 30 day sentence that can be renewed if the party is still in contempt for a maximum of 180 days, BUT the party can comply and receive that initial 30 day sentence only. There would only be one hearing for the violation of a DVPO and the sentence would begin immediately with no hope of shortening the sentence by complying (since the judge deemed the order had been violated). The new and interesting thing about DVPO's today is that, any person who has ever been ordered away from a domestic partner by one of these can no longer be in the same home as firearms for as long as they live, so it essentially deprives a person of his/her second amendment rights by a hearing where one person has merely said that he/she is afraid of the other and wants him/her to stay away from them during the duration of the order.

Many of the persons answering you have said that no piece of paper is going to stop a determined pursuer. That is correct, however, states have tried this approach because any attack that may result from a violation of the DVPO is usually a criminal charge as well, therefore, the state has the ability to pursue both charges against the individual. The normal pattern, however, is that some stalker who has become obsessed and scared the person who has obtained the DVPO will realize during his/her first prison stint that the object of their warped form of affection is not worth it. These orders work far more often than they do not work, however, their failures make headlines and their successes do not.

One of the interesting things that I have found is that many young people, male and female alike, will use this tool to get the couple's home and children during periods of discord between them. Additionally, some people will use it as a weapon when they suspect their partner is committing adultery or some other act of which they disapprove. They'll take out the order, try to make amends with the partner and they have an axe over the party's head for the one year the order is in effect. The couple will have reconciled and have a fight six or eight months later and the person holding the order will call the police and say that their partner is there in violation of the order. I have actually warned clients of this, had them ignore me and then visited them in jail four or five months later after an argument.

As you can see, like anything else, these orders have their good and their bad. They are an attempt to govern the most basic of human emotions and keep them in check. Unfortunately, they are only effective as long as the persons who receive them acknowledge and follow them. They can also be used, however, to ruin peoples' lives who have done nothing but upset their partners.

If you are interested in these for your study, contact a domestic violence prevention office for more information or contact the police in your town to get the paperwork for obtaining a DVPO and take a look at it. It usually asks some very pointed questions that may shed some light on what I have mentioned here.

Answer 2

The type of person who would beat a woman, isn't scared of a restraining order. All that does is give the cops the power to arrest him if he violates the terms, which without a order may not be illegal. (ex don't come withing 500 feet. Ordinarily legal. Now illegal due to order) I mean the law already says, don't kill or assault and someone does it anyway. Another piece of paper saying OK, now REALLY don't do it, isn't going to help. It only helps after the fact. Judges don't like to have their orders violated and if he does it enough, the judge will send him to jail. Hopefully that will wake him up. Many women who are abused make bad choices, take the men back over and over and refuse to press charges when a man does attack.

Answer 3

Must be a psychotic, fearless, or obsessed attacker. Either that, or one with an easy way to leave the country quickly.

That just makes him twice as guilty. Not only does he hurt people, but he violates restraining orders as well. Uh-oh.

If she was in that much danger, she should have sought protection, moved/ID changed, or bought a pitbull/great dane mix.

Answer 4

There's a lot of people in law enforcement and the legal fields who feel (and I'm one of them) that restraining orders actually escalate the violence level, not decrease it, in cases of husband wife domestic violence.

There have been many women murdered by "their man" after obtaining a restraining order, and sadly, a lot of times the children too. They really aren't the cure they were supposed to be.

Answer 5

If anyone have a restraining order by the court against someone and that person comes back, as soon as the person is from some distance you have to call the police and the police have to have hem or her arrested. and thas the end of the story simple as that.

Answer 6

Report it to the police and to the court issuing the restraining order. They will deal with the person who violates the order.

Answer 7

happens all the time. A restraining order just gives me the ability to take definitive action if a violation occurs. It does NOT prevent someone from coming after you. It's more of a deterrent.

Answer 8

Oh it happens all the time if the person is desperate enough they don’t let some piece of paper stop them. I’ve had it happen to me and so has my friend. It’s a piece of paper and doesn’t stop most people.

Answer 9

I agree with Mr Bellows

Answer 10

SMITH AND WESSON!!!!!!