Restraining Order Research Articles

Erring on the Side of Hidden Harm: The Granting of Domestic Violence Restraining Orders

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.

Intimate Partner Violence at the Scene: Incident Characteristics and Implications for Public Health Surveillance

Using data that, to our knowledge, have not been used before for this purpose, we examined 9,231 opposite-sex intimate partner violence (IPV) calls for law enforcement assistance recorded in the Compstat system of a large U.S. city. Although women were the predominant victims, injuries were documented more often for men. Only about 1% of incidents were considered a restraining order violation, although many orders were active in the city at the time. The data appeared to be of good quality and just a few changes in recording procedures would increase Compstat's usefulness for public health in U.S. cities.

Keeping Guns Out of the Hands of Abusers: Handgun Purchases and Restraining Orders

Keeping Guns Out of the Hands of Abusers: Handgun Purchases and Restraining Orders

Restraining orders among victims of intimate partner homicide

Background:Most intimate partner homicides (IPHs) follow a long history of violence and occur while the victim is ending the relationship. Restraining orders are a common legal recourse by which to...

International Outcry Follows Attacks on Neuroscientist's Home

International Outcry Follows Attacks on Neuroscientist's Home

Keeping Guns Out of the Hands of Abusers: Handgun Purchases and Restraining Orders

Persons under certain domestic violence restraining orders are prohibited by federal law from purchasing and possessing a firearm. We used administrative data from California to link 794426 restraining orders with 1388724 handgun purchase applications. We found that restrained persons were not a less law-abiding group in general, but they appeared to be repeatedly or serially abusive to intimate partners, and their handgun purchase rates were highest after their restraining orders expired.

Effects of Second Responder Programs on Repeat Incidents of Family Abuse

This paper reports the results of a systematic review of the effects of second responder programs on repeat incidents of family violence. An exhaustive search yielded ten studies (including three that were unpublished) that met our criteria that included: (a) following a report of a family violence incident to the police, a second response that included a home visit, (b) a comparison group, and (c) at least one measure of repeat family violence.Fixed and random effects metaanalysis indicated that the second response intervention did not affect the likelihood of new abuse as reported on victim surveys, but did slightly increase the odds of a new report made to the police. We interpret these results to mean that the intervention does not affect the continuation or cessation of family violence, but does somewhat increase victims' willingness to report incidents to the authorities when they occur.AbstractBackground:Second responder programs are based on the premises that family violence often recurs and that victims are likely to be especially receptive to crime prevention opportunities immediately following victimization. A team usually consisting of a police officer and a victim advocate follow‐up on the initial police response to a family violence complaint, provides the victim with information on services and legal options and may warn those perpetrators present at the follow‐up of the legal consequences of continued abuse. The purpose of the intervention is to reduce the likelihood of a new offense by helping victims to understand the cyclical nature of family violence, develop a safety plan, obtain a restraining order, increase their knowledge about legal rights and options, and provide shelter placement or other relocation assistance. A secondary aim of the intervention with victims may be to establish greater independence for victims through counseling, job training, public assistance, or other social service referrals. The intervention has spread widely, with support from the U.S. Department of Justice.Objectives:To assess the effect of second responder programs on repeat incidents of family violence.Selection criteria:Three criteria were used to define studies eligible for the review: (a) studies had to be evaluations of a second responder program; that is a program operated by or in cooperation with a municipal law enforcement agency in which, in response to a family violence complaint, the police summon family violence specialists to visit victims at their homes; (b) studies had to include an acceptable comparison group which did not receive a second response; (c) studies had to include at least one measure of new offenses committed by the perpetrator against the same victim.Search strategy:Search strategies included: (a) keyword searches on a variety of online databases, (b) reviews of bibliographies of second responder studies that were located, (c) hand searches of leading journals in the field, (d) a search of the Department of Justice Office of Violence Against Women website, (e) e‐mails to authors of papers that described second responder programs, but whose methods did not meet our criteria for inclusion, and (f) e‐mails sent to knowledgeable scholars.Data collection and analysis:Narrative reviews were drafted for the ten studies that met the criteria for inclusion. Both fixed and random effects models were used in meta‐analyses that examined effect sizes for all included studies and for only experimental studies.Main results:The second response intervention increased slightly the odds that a household would report another family violence incident to the police. No effect of the intervention was found on reports of new abuse based on victim surveys.Conclusions:The results suggest that the second response intervention does not affect the likelihood of new incidents of family violence. However, the intervention slightly increases victims’ willingness to report incidents to the police, possibly as a result of greater confidence in the police.

The Vote in the House of Lords on the Duke of Ormond's ‘Restraining Orders’, 28 May 1712*

The Vote in the House of Lords on the Duke of Ormond's ‘Restraining Orders’, 28 May 1712*

The Vote in the House of Lords on the Duke of Ormond's 'Restraining Orders', 28 May 1712

The Vote in the House of Lords on the Duke of Ormond's 'Restraining Orders', 28 May 1712

Appendix 1: List of Lords Voting in the Division on the ‘Restraining Orders' sent to the Duke of Ormond, 28 May 1712

Appendix 1: List of Lords Voting in the Division on the ‘Restraining Orders' sent to the Duke of Ormond, 28 May 1712

Domestic Violence in Federal Court: Abused Women as Victims, Survivors, and Offenders

While domestic violence is typically thought of as a state crime, this article discusses domestic violence related prosecutions in federal court. Four federal crimes are studied: interstate domestic violence, interstate travel to violate a restraining order, and two possession of weapon offenses committed by individuals who are either subject to a qualifying restraining order or have been convicted of a qualifying domestic violence misdemeanor. The article analyzes data concerning referrals, filings, convictions and sentencings of these crimes, and discusses issues concerning federal prosecutions, including the extent of federal/state cooperation. The rights of domestic violence victims in federal court are explained, with particular attention given to concerns about safety, impact statements and restitution. In addition, the article describes the various ways in which domestic violence impacts women who are prosecuted in federal court for a variety of crimes, and argues that domestic violence should be taken into account when a female offender is sentenced for a crime that relates to her history of abuse.

Are Temporary Restraining Orders More Likely to Be Issued When Applications Mention Firearms?

Restraining orders, an important legal intervention for victims of domestic violence, have broad potential for injury prevention. Using data from one of the busiest restraining order clinics in the nation, the authors examined 1,354 applicants' descriptions of abuse. Most (89.2%) applicants were issued a restraining order. A total of 16.0% of applicants mentioned a firearm in their descriptions of abuse; doing so was not associated with restraining order issuance. About 1 in 20 applicants, even if issued a restraining order, would not be protected by the federal firearm purchase and possession prohibitions because they had not lived with or had a child with the defendant. However, the proportion of these individuals who report threatened or actual use of firearms against them is similar to that of other applicants. Federal and, when relevant, state law should be modified to include these persons.

VICTIM/OFFENDER CONTACT AND REPEAT DOMESTIC VIOLENCE VICTIMIZATION

ABSTRACT This study examines the relationship between victim/offender contact and repeat domestic violence. Over 5,000 police incident reports were collected from a large, urban police department between August 2001 and August 2002. Several measures of victim/offender contact were used, including cohabitation, co-parenting, restraining order status, and victim employment. Findings suggest that certain victims are at a greater risk of repeat victimization than others, specifically those who have children in common with the offender and those who obtain a restraining order against the offender. Findings also suggest that most repeat victims are repeatedly victimized by the same offender, and the types of victimization they suffer vary over time, with an increase in aggravated assault and restraining order violations as victimizations increase in frequency. Implications of these findings are discussed, and suggestions are offered for further research on repeat domestic violence.

The Interview Room: A Novel

Back to table of contents Previous article Next article Book Forum: NovelsFull AccessThe Interview Room: A NovelDINAH MILLER, M.D., DINAH MILLERSearch for more papers by this author, M.D., Baltimore, Md.Published Online:1 Dec 2005https://doi.org/10.1176/appi.ajp.162.12.2412AboutSectionsPDF/EPUB ToolsAdd to favoritesDownload CitationsTrack Citations ShareShare onFacebookTwitterLinked InEmail Dr. Paul Lucas is a tormented soul. The protagonist of Roderick Anscombe’s third novel, The Interview Room, suffers from posttraumatic nightmares replaying the fatal car accident that claimed the life of his toddler son only a year ago. His lovely wife, Abby—a social worker who declares she is not ready to surrender her grief—has become remote and secretive. His chairman calls to give him a heads-up: Craig Cavanaugh, the grandson of a superwealthy financier (he’s on the hospital’s board of trustees and has donated its Cavanaugh Pavilion) will be admitted to Paul’s unit at the Sanders Institute, the forensic facility run by the hospital.Craig’s crime is simple. He’s a Harvard undergraduate who’s been stalking Natalie Davis, a teaching assistant for Craig’s creative writing class, and he’s violated a restraining order. Before he heads to Sanders Institute to interview Craig, Dr. Lucas meets Natalie—who looks a bit like Abby and is just a little flirtatious—to hear her side of the story. He then proceeds to Sanders, and his sessions with Craig begin in Interview Room One. The sessions are filled with tension, and it’s never quiet clear who’s interviewing whom; their interactions are reminiscent of those between Clarice and Dr. Lector, and there are moments when it seems Craig has the upper hand and Dr. Lucas just might crumble. Finally, Craig’s commitment hearing comes, and the judge agrees to release him—after all, he’s only suffering from an adjustment disorder with mixed emotional features—on condition that he continue in outpatient therapy with Dr. Lucas.From here, all hell breaks loose. Craig, now free in society, is able to violate every boundary. He deftly weaves his way in and out of Dr. Lucas’ life, and the therapy sessions are a series of mind games. Although Dr. Lucas is proclaimed as the world’s expert on lying, it isn’t clear how he will conquer Craig or vindicate himself in a series of concocted plots. The story becomes one of murder, infidelity, infatuation, and intrigue.A reader opens a novel with a set of expectations; mine were shaped by Anscombe’s first novel, The Secret Life of Laszlo, Count Dracula(1). Anscombe’s rendition of the Dracula tale is written as the diary of a Paris-trained physician, a secret serial killer, who returns to the Hungarian countryside to assume his legacy as Count Dracula. While the title might lure the vampire crowd, there is nothing supernatural here, and the story is told with calculating, lyrical prose and meticulous detail to tone, character, and setting. The Interview Room is not as elegant a work; the writing is more clipped and less detailed, and everything about this book moves at a faster pace designed to entertain. Anscombe is a gifted, versatile writer whose literary voice glides in a variety of genres.As a quick read with a self-propelled plot, The Interview Room is the perfect “vacation read.” That’s not to say, however, that the novel is fluff. Its author, Roderick Anscombe, is a forensic psychiatrist at Bridgewater State Hospital, and the voice of Dr. Lucas lends insights unique to thriller fiction. His portrayal of the stalker’s tenacity is chilling. Worth the sleep you’ll lose staying up to finish it.By Roderick Anscombe, M.D. New York, St. Martin’s Press, 2005, 320 pp., $24.95.Reference1. Anscombe R: The Secret Life of Laszlo, Count Dracula. Collingdale, Pa, Diane Publishing Co, 1994Google Scholar FiguresReferencesCited byDetailsCited ByNone Volume 162Issue 12 December 2005Pages 2412-2412 Metrics PDF download History Published online 1 December 2005 Published in print 1 December 2005

Sex Offenders Act 1997: Restraining Orders

Sex Offenders Act 1997: Restraining Orders

Cultural Ascriptions Displayed by Restraining Order Court Representatives: Implicating Patriarchy and Cultural Dominance

This qualitative study analyzes cultural ascriptions about women plaintiffs that emerged in interview responses from court representatives in the context of a Restraining Order courtroom in a Midwestern city. The judges, attorneys and court advocates' responses categorized women plaintiffs through individual and intersecting group ascriptions related to sex, race, ethnicity, and class. The cultural ascriptions displayed by court representatives implicate systems of patriarchy and cultural dominance at work in the Restraining Order Courtroom.

The Negative Constitution: The Duty to Protect

Everyone knows the major influence government has over individuals lives. The Constitution grants the state formidable powers in almost every conceivable sphere. But does the Constitution impose obligations on the state to provide benefits and services for the population? Although the Constitution does require government to take action in narrow circumstances, is largely cast in negative terms, exemplified by the Bill of Rights' restraints on the prohibition on abridging freedom of speech. There are only two exceptions to the duty to rule: the government must provide humane confinement conditions for prisoners, (1) and must protect a person if the state creates the danger. (2) The Supreme Court has remained faithful to a negative conception of the Constitution even in the face of dire personal consequences. Justice Blackmun deplored the Court's faithfulness in his famous dissent in DeShaney v. Winnebago County Department of Social Services: Poor Joshua! Victim of repeated attacks by an irresponsible, bullying, cowardly, and intemperate father, and abandoned by [social workers] who placed him in a dangerous predicament and who knew ... and yet did essentially nothing.... Joshua DeShaney now is assigned to live out the remainder of his life profoundly retarded. Joshua and his mother ... deserve--but now are denied by this Court--the opportunity to have the facts of their case considered in the light [of what the Constitution] is meant to provide. (3) And the Court has been faithful to this line of reasoning in cases that bitterly divided the Court and the nation. In Webster v. Reproductive Health Services, (4) the majority saw no government obligation to provide medical services for the poor when a Missouri statute barred state employees from performing abortions and banned the use of public facilities for such procedures. Referring to DeShaney, the Court wrote: our cases have recognized that the Due Process Clause generally confers no affirmative right to governmental aid, even where such aid may be necessary to secure life, liberty, or property interests of which the government itself may not deprive the individual. (5) Further, it is difficult to see how any procreational choice is burdened by the State's ban on the use of its facilities or employees for performing abortions. (6) The majority found irrelevant the fact that a poor woman's only realistic access to medical services may be through government assistance. The Supreme Court based these decisions on the Fourteenth Amendment's substantive due process clause. The Court declined to consider whether victims have a procedural due process right of protection against private violence. The Court has now taken up this question, however. In Castle Rock v. Gonzales, held that state law requiring police to enforce domestic abuse re straining orders cannot confer a property interest protected by the procedural due process clause. (7) Simon Gonzales, who had a history of erratic and suicidal behavior, violated a restraining order by abducting his three young daughters. His estranged wife, Jessica Gonzales, repeatedly pleaded with the police to enforce the restraining order, to no avail. Nearly eight hours after she first contacted police, her husband opened fire on the police station with a semiautomatic handgun purchased after the abduction. Ultimately, he was fatally shot, and police found the three girls, murdered by their father, in his truck. Although Ms. Gonzales framed her case as one of process rather than substance, in an effort to circumvent the holding in DeShaney, the Court saw little difference between the cases. In the Court's holding, Justice Scalia said the right to enforce a court-ordered restraining order would not, of course, resemble any traditional conception of property. (8) Under Supreme Court precedent, Ms. …

TRUSTS AND RELATED TAX ISSUES IN OFFSHORE FINANCIAL LAW

PART I - THE PLACE OF THE OFFSHORE TRUST IN THE OFFSHORE FINANCIAL CENTRE 1. Introduction 2. The Anatomy and Development of the Offshore Financial Centre PART II - FUNDAMENTALS OF THE OFFSHORE TRUST 3. The Trust as an Offshore Vehicle 4. Types of Trusts PART III - PROBLEMS TO AVOID 5. The Offshore Trust as a Sham 6. Fraudulent Conveyances and the Offshore Trust 7. Breach of Professional Duties Relating to Offshore Trusts 8. Questions of Invalidity PART IV - CHALLENGES TO OFFSHORE TRUST VEHICLES 9. Countermeasures to Offshore Trust Tax Vehicles 10. Changing Paradigms on Taxation and Jurisdiction to Tax 11. The OECD and Harmful Tax Competition 12. The Duty of Confidentiality 13. Rights to Information PART V - CONFLICT OF LAWS AND TH OFFSHORE TRUST 14. Jurisdiction and Choice of Law 15. Enforcement of Offshore Judgements, Mareva Injunctions and Restraining Orders 16. Capacity to Create the Trust and Validity 17. Forced Heirship and the Recognition of the Trust in Civil Law Countries PART VI - CONCLUSION AND APPENDICES 18. Conclusion

The Use of a Restraining Order in Dealing with Unmanageable College Students

ABSTRACT This commentary explores the role, psychological significance, and potential value of a restraining order that is used to extricate students from highly enmeshed and destructive relationships. The commentary places strong emphasis upon the need to evaluate an unmanageable student's behavior in the context of the college's code of student conduct (to determine whether codes have been violated) and legal statutes (to determine whether laws have been violated). It is also suggested that the most direct and efficacious means for helping students who wish to extricate themselves from a highly abusive relationship with another student is to establish whether the perpetrators' behavior is either illegal or in violation of the behavior codes and, if so, to assist the victim in enlisting the help of the college administration or a law enforcement agency to impose a disciplinary sanction or restraining order upon them.

The Dean's Restraining Order

ABSTRACT Difficult romantic relationships are common in college, with painful breakups often leading students to seek help from the college counseling center. However, these already painful situations are further complicated when one member of the couple refuses to allow the relationship to end. An area of particular confusion on the part of the college counselor is when to seek the Dean's campus equivalent of a restraining order. In the following we suggest the Dean's intervention can be both sensitive to the unique psychological struggles of a person in such a relationship and important to further the student's personal development. Several of Shakespeare's sonnets and the work of Jacques Lacan are used to further develop an appreciation of the obsessive dynamic.