by Trisha Orlando

Created on: September 25, 2008

How many women will die from domestic violence at the hand of an attacker to whom they have a restraining order against before laws will change to protect them?

70% of all murder victims in the United States suffered previous physical abuse by their killer; 28% of the victims had an order of protection (restraining order), issued by a court, against their killer at the time of their murder. (Websdale, 1999). A piece of paper did not prevent murder. In some cases, calling 911 could not stop a bullet. This is not a new phenomenon; murders as a result of a court order to stay away have escalated emotions to the point of irrational behavior for centuries. It is time to review the situation and revise the way to resolve it. The very goal of a restraining order is nullified when the issuance of it becomes the source of the ensuing irrational behavior that results in a crime of passion known as murder. Violations of a court order attached to a restraining order are not as simple as violations of other types of court orders. Restraining order violations usually consist of violence, physical abuse and quite often, murder and suicide.

Infractions of restraining orders are rarely enforced to the full extent of the law.
Police support is rare. Male police officers tend to side with the male spouse in domestic situations. Understandably, police officers dislike domestic calls; most officers do not think of a domestic situation as a crime but more of an annoyance. The people who seek a restraining order cannot be confident that the defendant or the police will take it seriously. Nevertheless, it may be a last resort effort by a victim to get relief from emotional abuse, physical abuse or harassment and stalking from an abuser. (T. Karlen, personal communication, June 11, 2008)
Restraining orders are counterproductive. Instead of resolving the issues between two people, a restraining order can instill more frustration in an already explosive situation. Mediation, for everyone concerned, could be effectual method of further abuse and crime. When emotions run high, people who lose sight of right and wrong, seek outlets for immediate relief. In too many cases, murder seems to be the answer to ending the pain and frustration. Often the killer will immediately realize what has happened as a result of losing emotional control and will kill themselves, too. Almost all domestic violence cases also involve children. Many children left orphaned by these actions become victims, too. These

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