Do Orders for Protection Protect?

What are some reasons why orders of protection might fail to protect?

Judge does not grant the order (Judge Taylor) Victim does not report violations Violations can’t be proven Law enforcement does not aggressively enforce the order

The judge fails to punish violations Failing to enforce the order sends the message to the suspect that he can act with impunity.

“Orders for protection aren’t bullet proof.”

Why get an order of protection?

They provide coercive control over the respondent.

Orders empower law enforcement officers and the court to act on behalf of the victim when they couldn’t otherwise do so.

It is meant to constrain the abuser’s bad behavior.

Orders govern what behavior the abuser is allowed to do and not to do.

When they step outside those confines law enforcement and the courts use coercive power to correct the behavior.

Orders for protection do protect if: Victims call every time there is a violation. Law enforcement officers aggressively enforce them. The courts punish the violator appropriately every time.

The judge should consider no bond until trial. A second violation of an order should be considered a serious risk factor for the victim. The judge should consider no bond until trial.

Getting his stuff If he is allowed to go to the house one time to get his personal and work items then: Have him meet you somewhere other than the house. He is not allowed there without law enforcement.

Search him and have him sit in your car while you contact the victim at the house.

Don’t walk up there with him. To the victim It makes it look like you are on his side. It gives him more power.

If she refuses to let him in advise him to go back to the court to file a complaint. Advise him to leave or you will arrest him for violating the order.

If she lets him in… Stick very close to him!!

Even the sock drawer is a dangerous place for you.

He feels like killing her and to him you are just in the way. . The more he complains the closer you get. He feels like killing her and to him you are just in the way.

If he keeps complaining tell him the two of you can leave at any time.

National Institute of Crime Prevention Issuance of a Protection Order constitutes a “special relationship” between the petitioner and law enforcement. This creates a “special duty” for law enforcement to properly enforce the Order.

What if she invites him over and then calls the police while he is there?

What if he is just mowing the lawn while she is not there?

You enforce 100% of the time, not at her whim or yours. This is an Order from a judge instructing law enforcement to take action in certain situations You have no right to ignore this order. You enforce 100% of the time, not at her whim or yours.

If you do fail to act, the judge could issue an order to show cause to hold you in contempt of court.

If the petitioner gets hurt you could be charged with failure to protect due to gender bias. That is a federal civil rights violation.

National Institute of Crime Prevention

A “ Zero Tolerance” approach to violations is best. Enhances safety for the victim

Your agency should have a written policy on enforcement of protection orders and it should indicate a no tolerance philosophy. Arrest is the preferred response to criminal violations. You can create a state law that adopts the Federal Full Faith and Credit Law.

National Institute of Crime Prevention You can also make a state law that outlaws possession of firearms and ammo while under a protection order. Police are exempt.

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