A restraining order is a court document that restricts, or eliminates, contact between two people. Restraining orders are usually associated with victims of domestic violence, but can be obtained by victims of any form of harassment. Essentially, a judge decides how far a the defendant must stay away to keep you safe. In extreme cases, a judge will order no form of contact, including telephone, letters or even emails. Violating a restraining order is tantamount to violating any other court order and will result in the defendants arrest. However, the person filing a restraining order must also abide by the restraining order or the order may be nullified.
Types of Restraining Orders
There are two types of restraining orders: an emergency protective order, and a restraining order. An emergency protective order is filed by law enforcement officers and protects you for five days while you establish a more permanent order. The police officer can ask the abusive party to leave the home, and to make absolutely no contact with you during the restraining period. A copy of this order is automatically dispersed to the local sheriff and police stations. If the abuser contacts you, he will be automatically arrested.
A restraining order is a list of stipulations signed by a judge. If the abusive party is not in jail, the two of you will meet with a court mediator before the restraining order is signed. During this meeting, you will decide on custody, property and contact. In cases of domestic violence, the restrained person will not be permitted within 500 feet of you, your home, and your work-place. If there are children involved, supervised visitation is strongly recommended. In this case, the restraining order will permit a relative, ...
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...ffending party arrested. The weeks just before and after you leave are the most dangerous times for a victim of domestic violence. Remember that it does take time for the police to arrive. While restraining orders are essential, they are not weapons. Be sure to lock all of your doors and windows, and purchase pepper-spray. It may be helpful to take a self-defense class designed for people in your situation.
Support
Develop a support system to help enforce the restraining order. Ask your neighbors to help you keep an eye out for the abuser. Stay with friends until your life stabilizes if you can. Most important, seek therapy. A therapist can be your church pastor, a social worker, or a marriage and family counselor. Find a domestic violence support group in your area. It is empowering to know you are not alone, and that others have overcome domestic violence.
of the direction to “use every reasonable means to enforce a restraining order” given the
The law regarding Domestic and Family abuse states that an Act to provide for protection of a person against violence committed or threatened by someone else if a relevant relationship exists between the persons, and to make amendments to the Criminal Code, the Evidence Act 1977, the Police Powers and Responsibilities Act 2000 and the Police Powers and Responsibilities Regulation 2000 for particular purposes, and to make minor or consequential amendments to this Act and other legislation as stated in a schedule which was assented on 17 February 2012. In division 2 of the Domestic and Family Violence Act 2012 Section 8, Domestic Violence is defined as behaviour by a first person (the first person) towards another person (the second person) with whom the first person is in a relevant relationship that –
The stalker will astound and grief to the survivor.This stalkers views him/herself as a survivor instead of the stalker. The stalker views the survivor as a bully from the past who mortified them. Sometimes the survivor is a complete stranger. The personality characteristics associated with this stalker type is irrationally paranoid. This stalker can be very obsessive and threatens verbally instead of physically. To put this stalker on hold, the survivor should confront with legal sanctions. The earlier the stalker is informed to stop- he/she will stop instead of stalking for a long time. The longer the stalking goes, harder it will be to put a hold and control on the
Another solution to suicide gun violence is Gun Violence Restraining Orders (GVRO). According to a study on GVRO, past tendencies of violence are a better detector of future gun violence than mental illness (Frattaroli, McGinty, Barnhorst, & Greenberg, 2015, pp. 292-293). Domestic Violence Restraining Orders (DVRO) inspired the idea of GVRO; DVRO allow people to get a short-term restraining order from their partner who may harm them. GVRO prevents someone from getting or using a gun or ammunition for a year.
Domestic violence, or battering, is the establishment of control and fear in a relationship through violence and other forms of abuse. The batterer uses acts of violence and a series of behaviors, including intimidation, threats, psychological abuse, a...
Domestic Violence is a widely recognized issue here in the United States. Though many people are familiar with domestic violence, there are still many facts that people do not understand. Abuse is not just physical, it is mental, emotional, verbal, sexual and financial. Many victims of physical abuse are also fall victim to these abuse tactics as well. An abusive partner often uses verbal, mental, emotional, and financial abuse to break their partner so to speak. It is through this type of abuse the victim often feels as though they are not adequately meeting their partner’s needs.
“Domestic violence is an emotional, physical, psychological, or sexual abuse perpetrated against a person by a person's spouse, former spouse, partner, former partner or by the other parent of a minor child” (McCue 2). While it is these things, the violence is also considered a pattern of demeanor used to establish power and control over another person with whom an intimate relationship is or has been shared through fear and intimidation (“Domestic Violence Sourcebook” 9). It has many names, including spouse abuse, domestic abuse, domestic assault, battering, partner abuse, marital strife, marital dispute, wife-beating, marital discord, woman abuse, dysfunctional relationship, intimate fighting, mate beating, and so on (2). Donna Shalala, Secretary of Health and Human Accommodations, believes that domestic violence is “terrorism in the home” (2). This type of abuse involves threats, harm, injury, harassment, control, terrorism, or damage to living beings/property (2). It isn't only in relationships with spouses, it also occurs within family, elderly, and children (9).
The research describes four patterns of violence those are Coercive Controlling Violence, Violent Resistance, Situational, Couple Violence, and Separation-Instigated Violence. Kelly and Johnson (2008) explained that Coercive Controlling uses control tactics such as intimidation, emotional abuse, isolation, minimizing, denying, and blaming, use of children, asserting male privilege, economic abuse, and coercion and threat, it is a non violent tactic that does not manifest itself in high levels of violence. This type of intimate partner violence is the most common type that is encountered in agencies. Violent resistance is a defensive mechanism that is legally known as self-defense. Women who are abused with Coercive Controlling Violence usually will resist it with their own violence (Kelly & Johnson, 2008, p.484). Situational couple violence is similar to the emotional abuse in coercive controlling violence. In the general population of married spouses and partners, situational couple violence is the most common type of physical aggression, which generally results from arguments that escalates into physical violence. In this type of domestic violence either one or both partners has a poor
Logan, T., Shannon, L., & Cole, J. (2007). Stalking victimization in the context of intimate partner violence. Violence and Victims, 22(6), 669-681.
Women will continue to suffer from domestic violence unless there is some sort of intervention to help them. When dealing with this population, it is essential to create a safe environment where the woman can talk freely about the abuse without any retaliation from the abuser. When someone comes into a therapeutic session, everyone deserves to be treated with respect and care. This in turn will create a sense of hope that a different type of life can be possible. Also, knowing that there is a support system can help the woman begin the process of change. Despite this, the process of leaving the abusive partner is slow (Warshaw, n.d.)
Other people often overlook domestic abuse. People generally do not like to get themselves involved in other people’s problems, especially when they believe there might be problems at home. For one reason or the other, the person who is the witness to someone who is being abused by their spouse does not want to report the crime, or get involved at all, because they are afraid something violent will happen to them for trying to help. Inside the relationship, there are many signs of the abuse. The biggest sign is that you completely fear your partner. Domestic abuse does not start the day that you meet your partner. It can start a week, month, or even years after.
There are many different types of domestic violence. Physical abuse is the most obvious form, but this is not to say that outsiders always recognize it. Generally, physical violence causes bodily harm, using a variety of methods. Slapping, pushing, throwing, hitting, punching, and strangling are only a few methods. An object or weapon may or may not be used. There is not always physical evidence of physical abuse such as bruising, bleeding, scratches, bumps, etc., therefore, absence of physical marks does not necessarily mean physical abuse had not occurred. Physical abuse sometimes escalates to murder (Morris and Biehl 7, Haley 14-17).
“Such a woman faces two major obstacles: fear and finance -- fear for her safety and that of her children and a lack of money to support herself or them. The most dangerous time in the life of a battered woman is when she attempts to leave her abuser. Threatened by the loss of control, the batterer is likely to become even more violent and may even try to kill her. There are simply not enough shelters to protect all the women who need them” (1).
“One woman is beaten by her husband or partner every 15 seconds in the United States” (Stewart & Croudep, 1998-2012). Domestic violence can interfere with the husband-wife relationship because one spouse is always in constant fear of the other. This violence could vary from physical abuse to ps...
Historically, domestic violence was viewed as only involving physical abuse. However, the more contemporary view of domestic violence has come to include not only physical types of abuse; but as well as emotional, sexual, physiological, and economic violence that may be committed