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Protective Orders: Just a Piece of Paper?October 31, 2009
Domestic violence protective orders have gotten some bad publicity lately. Several stories and comments have focused on the failure of protective orders to stop persistent offenders from killing or severely harming their victims. When anyone is harmed from violence, especially when it was perpetrated by an intimate partner, the result is deserving of media attention. However there is the "other side" of the story. In fact, many victims of domestic violence are safer because they obtained protective orders. The skewed perception that protective orders and other interventions are ineffective is partially due to the fact that once victims gain peace from the abuse and violence of a partner or ex-partner they move on with their lives. They do not come back to the courtroom or call the media to report that their ex-partners are no longer harassing them since they got a protective order or the offender was arrested for a violation. There is a serious danger in only highlighting failures of protective orders. This can discourage victims in abusive relationships from seeking help. If victims believe that the criminal justice system cannot protect them then they may remain exposed to continuing harm that could have been prevented. This perception also plays into perpetrators attempts to portray themselves as "above the law." Contrary to what perpetrators tell their victims, the system does work for many people. We have done research for over the past decade on the effectiveness of civil protective orders, and find that protective orders do reduce violence and increase the safety of victims. A recent study of 210 Kentucky victims from multiple jurisdictions showed that fully one-half of those getting a protective order experienced no violence after getting the order. So what about the other half? Here again, there was positive news. For the overwhelming majority of those who experienced some violence, it was greatly reduced and far less threatening. Only one group stood out from all the rest " those were the cases where stalking was present. What we learned confirmed what lots of experts had thought for years " namely that stalking is an indicator of future violence and far greater seriousness of violence. Victims of stalking experienced more frequent and severe abuse, property damage, and distress than victims who experienced protective order violations but no stalking. Victims of stalking need all of the support and protection they can get from our helping system. While Kentucky's protective order statute can be improved by extending protection to victims of dating violence, criminal justice personnel can feel good about their efforts to reduce harm to victims and the children in relationships currently covered by the law. But what about the costs of protective orders to society at large? Using conservative measures, our research examined the costs of protective orders and found that they are cost-neutral; meaning whatever the cost to execute the protective order process is equaled by other savings to society. However, there are other "hidden" costs to partner violence in lost employment, increased medical care costs, increased mental health care costs and huge damage to well-being for everyone in the family. In fact, when you economically value the improved quality of life after violence is stopped, Kentucky comes out $85 million ahead on about 9,500 protective orders issued to partner violence victims last year. While our study found that no community is perfect in their response to domestic violence, it also found that there are professionals in every community - law enforcement officers, clerks, prosecutors, judges, advocates and counselors - who have committed their lives to protecting victims and their children. The important role these dedicated individuals play in the lives of victims cannot be overemphasized. This is also an important part of the "other side" of the story that does not often get told. Are protective orders the answer for all victims? No. There is no single easy answer for all victims, and each victim must weigh all of the options and chose the ones that have the greatest potential to make her or him safer. But again, protective orders, along with a coordinated community response are much more than "a piece of paper" for many victims. TK Logan, Teri Faragher, and Robert Walker TK Logan, Teri Faragher, and Robert Walker are authors of the University of Kentucky's Kentucky Civil Protective Order Study. The study report can be viewed at: Comments
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