Over 2 million restraining orders are issued in the United States each year. In the past 12 months several hundred customers logged onto LegalMatch.com seeking legal help in obtaining restraining orders. The table below shows the top targets:
- Someone I date or used to date: 44%
- My spouse or former spouse: 31%
- Family member: 17%
- Neighbor: 5%
- My co-worker or former co-worker: 3%
LegalMatch data correlates with statistics from the Department of Justice showing that spouses, family members, and intimate partners make up the vast majority of victims of violent crimes, rapes, and stalking. DOJ statistics also show that 25% of women and 7% of men were raped and/or physically assaulted by a current or former spouse, cohabiting partner, or dating acquaintance at some time in their lifetime. It makes sense that 92% of LegalMatch.com clients seeking restraining orders come from one of these groups.
In some cases after restraining orders are issued, however, startling studies indicate that the risk of physical violence to partners increases. How is this possible?
In the past decade a variety of states enacted laws mandating that police arrest anyone suspected of violating domestic violence-related restraining orders. This was contrary to many prior policies stating that arresting a misdemeanant was discretionary. Unfortunately, a Harvard study indicated that the risk of partner-homicide in 15 of these states increased by 60% after implementation of the new laws. Why? Victims that did not want their significant other arrested simply didn’t call the police.
Rather than learn from their mistakes, several states have also instituted “no-drop” policies. Similar to mandatory arrest, these states do not allow prosecutors to drop charges against a partner accused of violating a restraining order, as would be customary with other charges. Just like mandatory arrest, policies such as this discourage people from calling the police, since more often than not victims do not want their significant others arrested.
What can be done? Regardless of mandatory arrest or no-drop policies, it is always risky to call the cops into your home to solve a domestic dispute. Since their only tool is a rather blunt hammer, the police tend to see every problem as a nail. Perhaps a mixture of better training for cops dealing with domestic violence disputes plus increased discretion for prosecutors and police officers would help, but ultimately domestic violence is not something that our government, or any government, can really stop via law enforcement. Whatever the solution, tying the hands of law enforcement does not appear to be working.