Protective and Restraining Orders
Protective and restraining orders are civil orders signed by a judge to protect a person from abuse. Restraining orders require an abuser to stay away from the victims to prevent further instances of abuse. Restraining orders are useful in that they protect victims and their loved ones from harm. However, before obtaining any form of restricting orders, the victim needs to ensure their security is guaranteed to prevent retaliation from the abuser.
The usefulness of emergency protective and restraining orders
Victims of domestic violence or abusive relationships have access to criminal and civil restraining or protection orders choices for protection from further abuse and violence. The orders allow the victim to have the abuser arrested or call the police in case the order is violated (Agnew-Brune et al 2017). Emergency protection orders require that one of the two parties, particularly the abuser, to leave the place of residence. When the police come across a situation of domestic violence, they have the authority to remove guns when they reach the domestic violence scene. Some states authorize the police to give the victim an emergency protection order by arresting the abuser. Emergency protection order provides the victim with time to ask for a long-lasting protection order because it is often given for a limited period (Stoever, 2014). Emergency protection order helps prevent further abuse to the victim at that given time.
Restraining orders differ from emergency protection orders in that restraining orders protect the victim of domestic violence for a longer time. Restraining orders typically protect the victim from their abuser for one to five years or even for a lifetime in cases where the victim still feels threatened by their abuser (Stoever, 2014). Restraining orders restrict the abuser from making physical contact, attacking, beating, stalking, or otherwise disturbing the victim. The abuser is also required to stay from the victim, move out of the home, and surrender firearms in his or her possession. In order to obtain a restraining order, a person is required to file legal papers with a court of law, present evidence during the hearing, and serve the abuser or have the police do it for him/her. Restraining orders ensure that the abuser does not physically attack or psychologically torment the victim further.
GVRO (Gun Violence Restraining Order)
A gun protection restraining order is a civil court order that prohibits a person who can potentially harm themselves or others from purchasing or having guns at their possession. Gun violence restricting order requires one to surrender any firearms, magazines, or ammunition to the police, have them stored by a licensed gun order, or sell them to an authorized gun order. A close family member or the police are the only ones allowed to ask a judge or magistrate for a gun violence restraining order (Wintemute et al., 2014). Gun violence restricting order does not restrict the individual from making contact with the victim or their family. The order does not require the restrained person to move out of the house or stay away from the victim.
A gun violence restraining order facilitates a safer environment for the restrained individual and others by temporarily prohibiting the individual from possessing or purchasing guns and ammunition. The GVRO allows the individual to seek interventions and treatment for mental disorders or substance abuse. The order also allows the restrained individual to engage in other activities that help address the causes of dangerous behaviors.
A gun violence restraining order in California involves a court hearing and comprehensibly defined due process provisions. A family member or a police officer presents a request for a GVRO to a civil court through a formal written application or at a hearing before a magistrate or a judge. After a petition has been filed, the judge assesses whether the individual in question is at risk of hurting themselves or others by considering the information presented by the petitioner (Wintemute et al., 2014). If the individual is deemed to be at risk or harming themselves or others, the judge issues a temporary GVRO, which will be in effect for 21 days or less. The subject is required to relinquish any firearms in their possession for the duration of the order. If the restrained individual does not possess firearms, he/she is restrained from buying any gun for the period of the order.
Before the expiry of the temporary GVRO, another hearing takes place and both the petitioner and the subject are allowed to address the allegations of the subject’s dangerousness. If the court holds that the subject of the petition is indeed dangerous, the gun violence restraining order will be extended for up to a year (Agnew-Brune et al., 2017). If the GVRO expires and the subject of the petition is not otherwise restricted from buying another firearm, and a new order has not been issued, any confiscated guns or ammunitions will be returned.
Pros and cons of obtaining domestic violence restraining orders
Domestic violence restraining orders (DVROs) helps victims of domestic violence to keep themselves and their families safe. A DVRO protects a victim from abuse or threat of abuse by arresting the abuser or preventing an abuser from coming near the victim or making any form of contact. Therefore, obtaining a domestic violence restraining order is useful to the victim because it prevents further abuse and injury. However, getting a DVRO can make the abuser angry because they lose control over the victim. When the domestic violence restraining order is against them, abusers might blame the victim for running their lives. Some abusers can physically assault the victims, hurt the children or pet, stalking the victim, harassing the victim’s friends and family, or even killing them (“Domestic Restraining Order, 2017”). Therefore, one needs to make a comprehensive safety plan before filing for a DVRO.
An article by ‘A Community for Peace’; Domestic Violence Restraining Orders: The Pros and Cons, a victim of domestic violence by the name Carol filed a DVRO against her abusive husband. She worked with ACFP Legal Advocates, who guided her on how to file her DVRO. She was given a five-year DVRO, which ordered her husband to stay away from her and their children (“Domestic Restraining Order, 2017”).
In conclusion, there are circumstances under which obtaining domestic violence restraining orders are a good idea, while others are not. Obtaining DVRO is a good idea when the safety of a victim and their family is after filing the orders is guaranteed. However, filing a restraining order without having a comprehensive safety plan is a bad idea because the abuser can harm the victim if the DVRO is against them.
References
Agnew-Brune, C., Moracco, K. E., Person, C. J., & Bowling, J. M. (2017). Domestic violence protective orders: A qualitative examination of judges’ decision-making processes. Journal of interpersonal violence, 32(13), 1921-1942.
Stoever, J. K. (2014). Enjoining abuse: The case for indefinite domestic violence protection orders. Vand. L., Rev., 67, 1015.
Wintemute, G. J., Frattaroli, S., Claire, B. E., Vittes, K. A., & Webster, D. W. (2014). Identifying armed respondents to domestic violence restraining orders and recovering their firearms: process evaluation of an initiative in California. American journal of public health, 104(2), e113-e118.