Do Temporary Protective Orders Really Work?
If you or someone you know has been a victim of domestic violence, a temporary protective order may have been put into place to protect the victim from further violence during the court proceedings. Are the myths about temporary protective orders true? Are they just pieces of paper, or do they really work? Studies are widely varied, but they do tend to protect at least some victims - and they do so in more ways than one. Here’s what you need to know.
The Violence Against Women Act
The Violence Against Women Act, or VAWA, was passed by Congress in 1994 in an effort to aid victims of domestic abuse. Although the name implies it is intended for women, it is available to everyone who is a victim of any form of domestic abuse. The VAWA provides grants to various advocacy organizations, and it also ensures that victims have access to the law enforcement support they need. Prior to the Act, police in one state had their hands tied when it came to enforcing protective orders out of other states. Today, thanks to VAWA, this is no longer the case.
How Effective are Temporary Protective Orders?
Numerous studies have been conducted on the efficacy of temporary protective orders, or TROs. An
article published in The Journal of the American Academy of Psychiatry and the Law
looked at several studies to determine whether or not TPOs are actually effective at protecting victims of domestic abuse. The writers, Christopher T. Benitez, Dale E. McNiel, and Renée L. Binder, found that the answer depends on how the question itself is being viewed. For example, in some studies, reported rates of protection order violations were only 7.1%. In others, that rate skyrocketed to 81.3%.
The authors note that the best studies are those that include control groups, larger sample sizes, and long follow-up periods. They note one such study that involved more than 2500 women who reported an incident of domestic abuse to law enforcement. Some of these women filed for protection orders while some did not. Among the women who
did
file for protection orders, there was an 80% reduction in physical violence reported to police within the following year. This is the best evidence available that TROs can and do protect victims.
The Records are Important, Too
Aside from providing victims of domestic abuse with physical protection from their abusers, TPOs serve another purpose, too - they act as a record within the court system. Unfortunately, TPOs can’t protect all victims; they only work when the perpetrator fears the consequences of violating the order. What a TPO
can
do - especially when every single violation is reported and documented - is provide the victim and the court with a record that is useful when seeking a more permanent solution. Courts require evidence to issue
final (or permanent) protective orders, and TPO violations tend to serve as some of the best possible evidence.
Keeping Yourself Safe
If you have filed a TPO against your abuser and you fear that it isn’t enough, there are steps you can take to ensure your safety. First, use good judgment at all times. If you feel as if you’re being followed or watched, get to a safe place quickly. If your abuser violates the TPO, call law enforcement
immediately. Do not wait for the abuser to make a move toward you; simply being near you with a TPO in place is a violation of the law. Report every violation every single time, even if you don’t have any direct evidence that the order was violated.
Temporary protection orders, or TPOs, are not a perfect solution. They cannot keep domestic violence victims 100% safe from their abusers, but they can serve as a valuable tool. To learn more about TPOs and whether you might benefit from one, contact a
family law attorney today.
