Restraining Order Research Articles

The Supreme Court Decision on Firearm Ownership for People Subject to Restraining Orders

This Viewpoint explicates the complex reasoning the US Supreme Court has used in rulings on gun control and raises concerns that the recent Rahimi decision poses more questions than it settled on the future of the Second Amendment.

ЗАПОБІГАННЯ І ПРОТИДІЯ ДОМАШНЬОМУ НАСИЛЬСТВУ: МІЖНАРОДНО-ПРАВОВІ ПІДХОДИ В КОНТЕКСТІ ЗАСТОСУВАННЯ ЗАХОДІВ БЕЗПЕКИ

The article examines international legal approaches to preventing and countering domestic violence, including in the context of the existence of the institution of restrictive measures. It was established that today in the field of human rights protection, states bear not only negative obligations – not to prevent the exercise of certain human rights, but also positive obligations – in particular, to take measures to prevent and counter domestic violence, to investigate all manifestations of domestic violence as situations that require close attention and pose a serious danger. The author draws attention to the fact that international institutions proceed from the postulate that the criminal-legal response to manifestations of domestic violence should not be limited in nature: it should concern not only the perpetrators of domestic violence, but also the victims, to whom security measures should be applied. In particular, the result of the work of the Council of Europe in the fight against domestic violence was the adoption on May 11, 2011 of the Convention on preventing and combating violence against women and domestic violence, which was ratified by Ukraine only this year. The so-called Istanbul Convention obliges states to take measures to ensure that adequate restraining or protective orders are available to victims of all forms of violence. The author came to the conclusion that the international community is several steps ahead of Ukrainian society and legislators in terms of awareness of the acuteness and importance of the problems of domestic violence and legal response to it. Key words: domestic violence, security measures, international legal approaches to preventing and combating domestic violence, restrictive measures, positive obligations of states to prevent and combat domestic violence, the Istanbul Convention.

Does the Federal Law Forbidding People under Domestic Violence Restraining Orders from Possessing Firearms Save Lives?

The Supreme Court of the United States will hear arguments concerning Federal Law 18 U.S.C. 922(g)(8) which forbids individuals who are under a Domestic Violence Protection Order (DVPO) from possessing firearms. This paper analyzes the potential costs of overturning that law. We estimate a variety of models to determine the effect of the law on domestic murders, domestic femicides, domestic gun murders, and domestic gun femicides. We subject the analysis to a variety of robustness checks. The results are remarkably robust. We find that 18 U.S.C. § 922(g)(8) does not significantly reduce domestic murder, domestic femicide, domestic gun murder, or domestic gun femicide.

So Far, So Good: Enforcing California's Gun Violence Restraining Orders Before and After Bruen

So Far, So Good: Enforcing California's Gun Violence Restraining Orders Before and After Bruen

Administrative and legal practice of the Ukrainian judiciary on the application of Art. 173-2 the Code of Administrative Offenses of Ukraine during the Russian-Ukraine War

Abstract. The article explores the dynamic of domestic violence in Ukraine during the war and specific problems in the application by courts of Article 173-2 of «Commitment of domestic violence, gender-based violence, failure to comply with an urgent restraining order or failure to notify the place of temporary residence» of the Code of Administrative Offenses of Ukraine. The article notes that during the war, in 2022, there was a 40% increase in appeals to the police of Ukraine regarding domestic violence compared to the previous year. The author draw attention to the fact that courts, when considering of domestic violence, do not always recognize a child who witnessed (eyewitness) domestic violence as a victim of such violence; sometimes domestic violence is treated as a minor act, domestic violence is equated with a conflict over children, which leads to the closing of proceedings or refusal to issue a restraining order. In the article, the author came to the conclusion that the practice of the European Court of Human Rights, in which it develops and concretizes the provisions of the European Convention on Human Rights, should become a reference point for the Ukrainian judiciary in solving cases related to domestic violence. The Istanbul Convention provides for the introduction of additional changes to national legislation, acts as a reference point for establishing criminal responsibility for violence in any of its manifestations, therefore, scientific research is needed in the field of criminalization of any violence, which will expand the possibilities of protection the rights of victims of violence in international court, will contribute compliance with procedural legal guarantees of person who are prosecuted for such offenses, comprehensive protection of their rights and freedoms, as well as approximation of Ukrainian legislation to international standards in this area. Key words: domestic violence, European Court of Human Rights, Istanbul Convention.

The origins of California’s gun violence restraining order law: a case study using Kingdon’s multiple streams framework

BackgroundFirearm violence is a major public health problem in the United States, yet most states lack a mechanism to temporarily remove firearms from individuals who are at high and imminent risk of harming themselves or others and are not otherwise prohibited. Extreme risk protection order (ERPO) laws are intended to close this gap. The current study examines the passage of California’s gun violence restraining order (GVRO) bill using Kingdon’s multiple streams framework.MethodsThis study was based on an analysis of interview data from six key informants involved in the passage of the GVRO legislation.ResultsFindings indicate policy entrepreneurs framed the problem and designed the policy to target individuals at behavioral risk of imminent firearm violence. Policy entrepreneurs comprised an integrated policy network that engaged in a lengthy period of collaboration and bargained with interest groups to yield a bill that satisfied diverse concerns.ConclusionsThis case study may inform efforts in other states to pass ERPO policies and other firearm safety laws.

Firearm Mortality Among Pre-school Age Children, 2010-2020.

Firearms are a substantial cause of death for pre-school children (ages 0-5 years). The purpose of this study was to characterize fatal firearm violence in this age group. The Web-Based Injury Statistics Query and Reporting System (WISQARS) data from the Centers for Disease Control and Prevention (CDC) were analyzed for the years 2010-2020. There were 1,220 firearm deaths during the study period with a 75% increase in the rate of deaths per 100,000 population. Most deaths (two-thirds) were among males. Non-Hispanic Blacks comprised 56.4% of all deaths in 2020, a 172% increase from 2010 and the rate for non-Hispanic Whites increased by 15.4% from 2010 to 2020. The majority of the deaths occurred in the South. Almost two-thirds (65.9%) of all firearm deaths were homicides, 30% were unintentional, and 4.1% were undetermined. Homicides were also the majority of deaths for non-Hispanic Blacks (64.9%), non-Hispanic Whites (60.8%), and Hispanics (81.3%). The years of potential life lost before 80 years of age were 94,105, with a plurality (43.3%) of losses occurring among non-Hispanic Black children. Sustained awareness campaigns should be implemented to make parents and guardians aware of the profound dangers of unlocked and loaded or unsafely stored firearms in the home. Child healthcare providers should counsel parents and guardians on firearm safety in households. Public health professionals should advocate for laws that can help protect children from firearm violence (e.g., Domestic Violence Restraining Orders, Child Access Prevention laws, and Extreme Risk Protection Order laws).

Factors Influencing the Use of Domestic Violence Restraining Orders in Los Angeles.

Domestic violence restraining orders (DVROs), although a widely used legal intervention in preventing future risk of intimate partner violence (IPV), there is a lack of documentation on the facilitators and barriers of utilization of DVROs among IPV survivors in Los Angeles County (LAC). We conducted 19 key informant interviews with various professionals working in domestic violence prevention in LAC. Factors such as survivors' motivation, ease of navigating the legal procedures, and availability of community resources facilitate the use of DVROs. Fear, ambivalence, structural barriers to access DVROs, and issues with the criminal justice system make it harder for survivors to obtain DVROs.

Firearm Violence Following the Implementation of California’s Gun Violence Restraining Order Law

California's gun violence restraining order (GVRO) law, implemented beginning in 2016, allows for people at high risk of harming themselves or others with a firearm to be temporarily disarmed and prevented from purchasing firearms for 3 weeks to 1 year; many states have recently enacted similar laws. The research to date is on older and more limited risk-warrant laws. To determine whether implementation of the California GVRO law was associated with decreased rates of firearm assault or firearm self-harm in a large metropolitan county between 2016 and 2019. This serial cross-sectional study including data from 28 counties used the synthetic control method to evaluate differences in firearm violence between San Diego County and its synthetic control following implementation of the California law from 2016 to 2019. San Diego County was used as the treated unit because it issued substantially more GVROs than any other county in California during the study period. A total of 27 California counties that issued no or very few gun violence restraining orders from 2016 to 2019 and that had stable rates of firearm violence between 2005 and 2015 were included in the control pool. Data were analyzed from February 2021 to July 2021. Implementation of the statewide GVRO law in 2016 in San Diego County. Annual rates of fatal and nonfatal firearm assault injuries and firearm self-harm injuries per 100 000 people. In the study period, there were 355 GVROs in San Diego county, and a median (IQR) total of 8 (3-20) GVROs per donor county. The mean difference between the observed rate in San Diego County and the estimated rate in the synthetic San Diego County, 2016-2019, was -0.74 firearm assaults per 100 000 (-13% difference) and 0.13 firearm self-harm injuries per 100 000 (3% difference). Results from in-space placebo tests suggested that these differences cannot be distinguished from variation due to chance (pseudo-P values from a 1-sided test: P for assault = .35, P for self-harm = .67). To our knowledge, this study was the first to analyze the association between GVRO implementation and firearm violence in California and the first to evaluate the association between risk-based firearm removal laws and firearm assault in any state. GVROs were not associated with reduced population-level rates of firearm violence in San Diego County, but this may change as the number of orders increases over time; the association between GVROs and firearm violence at the individual level cannot be inferred from our findings and should be the subject of future studies.

33 Infant Abduction: Live Simulation Drills Explore The Risk in The Maternity Unit

Child abduction is poorly defined in the UK. Legislation varies, defining offences of child abduction, kidnapping and child stealing/plagium. Rabun Proactive planning, security and staff training are required to reduce this risk, and a live simulation was utilized to test these elements, identify risks and provide solutions.A staff member, unknown to the maternity team, was admitted to the ward and gave birth (simulated to a baby girl). Ward staff were informed that there was a restraining order on her partner who was not permitted to visit. An educator from the Clinical Simulation team was tasked with gaining access to the maternity unit, abduct the baby and make their way to a hospital exit and to the car. With the support of Clinical and Governance Midwives, an unannounced live drill was conducted to analyse: Security of the unitStaff adherence to local policy – proactive planningConflict management and challengeObservation analysis identified: Access to the maternal unit was gained through tailgating with no challenge from staff.Access to the mother’s room, despite being in close proximity to the midwives’ station, went unchallenged.Staff did not engage or challenge abductor despite a team member identifying concern.Activation of local policy was slowed due to handover time. Lack of awareness of who has called who.Communications between staff members occurred through non-secure social media applications.Security cameras ineffective due to relay of images to a different locationEscape from the unit made easy by unlocked corridors.Certain staff groups unsure of their role.The identification of latent risks in resources and staffing alongside having confidence with protocols and decision-making has illustrated potential serious risks to both mother and baby. This clinical simulation has allowed us to address and provide recommendations to resolve these by highlighting urgent reassessments of security, proactive planning and staff development to ensure the reality of abduction is minimized.

Evaluation of the Efficacy of Legal Advocacy of the Gwinnett County Domestic Violence Program

This study examines the effectiveness of a legal advocacy program of the Gwinnett County Domestic Violence program. The legal advocacy program assists the victims to resolve their legal issues. This evaluation focuses on Temporary Protective Orders in the form of Child Custody, Restraining Orders and Possession of Property. The program setting is Gwinnett County, a residential facility that houses 32 women and their children. The sample consists of women who entered the shelter between July 2000 and July 2001. A secondary data analysis was used to collect data, as well as interviews with the legal advocate and the shelter director. Data was collected in the winter and spring of 2002 at the agency where it is maintained manually in the form of written files and records. Descriptive statistics were used to analyze the data, along with graphs and a Program Logic Model for a fine interpretation of results. The findings of this study revealed that most cases were resolved eventually. However, some cases were not resolved indicating the existence of barriers between system of legal advocacy.

Проблема ответственности за побои и профилактика семейного (домашнего) насилия: административно-правовой аспект

The article raises the issue of administrative responsibility for family (domestic) violence. The authors suggest that within the framework of administrative legislation, the court should be able to issue a restraining order to the victim, as well as more effectively apply re-socialization measures against persons brought to justice under Article 6.1.1 of the Code of the Russian Federation on Administrative Offences. This, as the authors believe, can partly solve the problem of preventing family (domestic) violence.

Texas Governor Greg Abbott and His Court: The One Ballot Drop-Off Site Per County Case

In Abbott v. Anti-Defamation League, Common Cause, and Robert Knetsch, the Texas Supreme Court sided with Republican Governor Greg Abbott in a legal challenge to his order reducing the number of drop-off sites for mail ballots during the early voting period of the 2020 general elections to just 1 per county regardless of the county’s population and geographic size. Counties in Texas range in population between a few hundred to several millions.The lower courts had ruled for the plaintiffs and enjoined Abbott's reduction order, but the all-Republican high court reversed and used the occasion to greenlight Abbott’s use of emergency power for non-disaster purposes in denigration of express statutory restrictions.Abbott v. Anti-Defamation League Austin, Southwest, and Texoma Regions, No. 20-0846, 2020 WL 6295076 (Tex. Oct. 27, 2020) (per curiam) (rejecting state constitutional and ultra-vires challenge to proclamation issued pursuant to gubernatorial emergency powers under Chapter 418 of the Texas Government Code in interlocutory appeal of temporary injunction against Governor and Secretary of State). It was the third time in the 2020 election season that the all-Republican high court ruled against Texas voters. This time the SCOTX decision came at the expense of vulnerable citizens: older and disabled voters entitled to case absentee ballots. In a prior legal challenge to Abbott’s exercise of pandemic powers under the Texas Disaster Act, one brought by Harris County misdemeanor judges in April against an order that interfered with the judges’ authority to set bail and grant release, the Court found that the plaintiffs lacked standing and vacated a restraining order against the Governor on that basis. See In re Greg Abbott, No. 20-0291, 601 S.W.3d 602 (Tex. Apr. 23, 2020)(orig. proc.). In Abbott v. Anti-Defamation League, by contrast, the Court skipped the question of standing and issued a precedent-setting decision on the merits, through which it blessed an expansionist notion of gubernatorial emergency powers. This article offers a critique encompassing (1) the Texas High Court's procedural handling of the Attorney General's appeal of the injunction against Abbott; (2) the Court's undue reliance on an opinion by a Fifth Circuit panel consisting of three Trump appointees in a similar challenge brought by LULAC and other advocacy organizations based on federal constitutional law, and (3) the Texas Court's cursory treatment of the plaintiffs' ultra-vires challenge to Governor Abbott's use of emergency powers under Texas Disaster Act, and the ominous ramifications of the newly created precedent. CITE for the federal case: Texas League of United Latin American Citizens v. Ruth Hughs, No. 20-50867, 2020 WL 6023310 (5th Cir. Oct. 12, 2020)(“We agree with the Secretary and grant the stay.”)(Motions panel opinion by Duncan, concurrency by Ho). Defendant Governor Abbott was dismissed from the underlying federal district court cases on Eleventh Amendment immunity grounds. STATUTORY BASIS for emergency powers in Texas: Tex. Government Code Chapter 418, titled Emergency Management (Texas Disaster Act of 1975).

EXPLORATIVE STUDY ON THE BEHAVIOR OF POCA PARTICIPANTS IN THEORETICAL PERSPECTIVE

  The Prevention of Crime Act (POCA) 2014 is an act enacted to deal with criminal activities such as gangs, organized crime, drugs, and human trafficking. The Act is intended to regulate criminals, gangsters, and individuals who threaten national security and related matters. Even though there are a lot of awareness programs was conducted by the government, the number of offenders under POCA still increased. The offenders of POCA has a lack of awareness about his future life and goals so that it's easy to get into the crime. The purpose of this study is to explore the behavior of the participant under the crime prevention act (POCA) based on the theory of Reality. This study used a quasi-experimental qualitative method. An interview was conducted with a randomly selected participant under this Act who received a restraining order at the Police Station, Gurun, Kedah, Malaysia. In this interview session, the researcher explored the participant's experiences, thoughts, feelings, and behaviors. The participant got benefits from this interview session. The participant gains awareness plans for the future, and be aware of the mistakes made. Participant also has thought to change negative behaviors into positive ones after this interview session. In the future, researchers can observe the offenders’ behavior after job placement. Job-related programs will help POCA participants to get awareness and achieve their goals in life.

Assessment of Extreme Risk Protection Order Use in California From 2016 to 2019

A total of 19 states and the District of Columbia now have extreme risk protection order (ERPO) or similar policies, and others are considering them; however, little research exists describing their use. To characterize early use of California's ERPO policy by providing the first aggregate, statewide description of ERPOs, individuals subject to them, and petitioners. This cross-sectional study analyzed 1076 respondents to ERPOs recorded in the California Department of Justice California Restraining and Protective Order System from 2016 to 2019. Descriptive analyses of orders issued between January 1, 2016, and December 31, 2019 in California were performed, and univariate Moran I was calculated to examine county-level spatial autocorrelation of the policy's use. The primary study outcomes included the characteristics of ERPO respondents (demographic characteristics), petitioners (law enforcement vs family or household members), and orders (type and service) as well as temporal and spatial variation in policy use during the first 4 years of implementation. Of 1076 respondents during the study period, most were men (985 [91.5%]) and white individuals (637 [59.2%]), with a mean age of 41.8 years (range, 14 to 98 years). A law enforcement officer was the petitioner in 1038 cases (96.5%). The number of respondents increased during the study period from 70 in 2016 to 700 in 2019, and there was substantial county-level variation in ERPO use (ranging from 0 to 354 respondents), with significant spatial clustering in counts of ERPO respondents among neighboring counties (observed Moran I, 0.18, mean [SD] Moran I from reference distribution, -0.01 (0.05); z value, 3.58; P = .004). This study, among the first to describe the early utilization of an ERPO or similar policy, found a substantial increase in the use of ERPOs in California from 2016 to 2019. These results could inform policy makers and other stakeholders involved in policy implementation and outreach in California and elsewhere. Similar studies in other states would be useful to understand variation.

US FTC challenges Illumina’s purchase of PacBio

The US Federal Trade Commission has challenged Illumina’s planned $1.2 billion acquisition of Pacific Biosciences of California, its smaller next-generation DNA-sequencing (NGS) rival. The antitrust regulator says it has ordered an administrative trial on the deal for August and will seek a restraining order in federal court if necessary to prevent it from going through until then. DNA sequencing is used for prenatal testing, to diagnose disease, and to enable ancestry research services offered by companies like 23andMe. Illumina is by far the leading provider of NGS instruments and systems. “When a monopolist buys a potential rival, it can harm competition,” Gail Levine, deputy director of the FTC’s competition bureau, says in an agency announcement. Illumina issued a statement saying that it “strongly” disagrees with the FTC’s decision and that it “will continue to work through the regulatory approval process as we consider next steps.” The deal, first announced in

The role of firearms in intimate partner violence: policy and research considerations.

Intimate partner violence (IPV) is a major threat to women's safety and well-being worldwide. Firearms heighten this threat by increasing the morbidity and mortality of IPV. This paper focuses on the United States, a nation with high rates of IPV alongside high rates of gun ownership. The United States has implemented several policy approaches to reduce the harmful role that firearms play in IPV by limiting access to firearms for IPV offenders. One such law prohibits persons under Domestic Violence Restraining Orders (DVROs) from purchasing or possessing firearms or ammunition. Although DVRO firearm prohibitions can reduce the risk of firearm-related injury and homicide associated with IPV, implementation and enforcement of these laws at regional and local levels is challenging and variable. We discuss implications for DVRO research, policy, and practice as part of a comprehensive approach to prevent and reduce firearm-related IPV.

Resource Document on Risk-Based Gun Removal Laws.

(Reprinted with permission from APA Resource Document, June 2018).

Report says California ‘red flag’ law has likely prevented mass shootings

California's Gun Violence Restraining Order law (also known as a “red flag” law), which aims to reduce gun violence by allowing family members or law enforcement officers to request a court order prohibiting a person of suspicion from having a gun, ammunition, or magazines, has helped prevent mass shootings in the state. That finding comes from research conducted by researchers at the University of California, Davis School of Medicine.

Verborgen strijd in het veiligheidsdomein: over samenwerking tussen politie en gemeente bij de bestuurlijke aanpak van overlast en criminaliteit

In the Netherlands, over the past 25 years mayors have had an increasing number of formal powers, based on administrative law, to fight against crime and disorder. Now, the Dutch mayors have the power to impose a restraining order, to close houses in case of drugs and/or drugs trade, or to decline a request for a permit when it might be used for illegal activities.To implement these measures, the local government is highly dependent on (information provided by) the police. At this moment we do not have much information about this cooperation between local government and the police in the management of crime and disorder. This paper is based on an empirical study concerning this issue. It shows that the inter-organizational cooperation between local government and the police may differ strongly, however this cooperation still often depends on central factors and circumstances. An important factor is the (growing) distance between the police and local government in regard to the local approach of problems of crime and disorder. A significant number of local police officers concentrates mainly on the maintenance of law and order by criminal law enforcement instead of the implementation of administrative measures. As a result, local government is often unsatisfied about the contribution of the police. For example, the quality of the information provided by the police is often perceived as insufficient. In some cases local governments try to diminish the degree of interdependency with the police and to strengthen their own position in the local safety domain.