Essay Sample on Effectiveness of Restraining Order

Mental health assessment specialists and threat assessment professionals consider the application of restraining orders when clients suffering from domestic violence are being stalked or threatened. A restraining order is issued by the court to protect individuals from domestic violence without filing for divorce or legal separation. The restraining orders may be filed by the victim to prevent the abuser from particular taking action that may affect them. The victims may file for restraining orders that require the abuser to move out of the marital home in case they are married ("Restraining Orders and Domestic Violence," 2020). A restraining order may deal with an issue about parenting and custody, with no contact where the abuser is restrained from making calls or moving closer to the victim. These orders have proven to be successful and unsuccessful in achieving its objectives.

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The effectiveness of restraining orders can be measured by its success in preventing the abuser from contacting or not harming a victim. Restraining rules have been effective in reducing the rates of domestic violence against women. In a study conducted by Benitez, McNeil, and Binder (2010), they found out that protective orders had an 80% success rate in the prevention of physical violence against women. Women who rank highly on economic status experience low rates of violence able to obtain a restraining order against the abuser. When the abuser is employed, and a restraining order has been issued against them. They are less likely to violate the restraining order due to the punishment they are likely to incur. The enforcement of the restraining orders has also contributed significantly to the effectiveness of the orders. The reporting rates of victims to the police about the threats made to them by the abuser leads to the high efficiency of restraining rules.

Restraining orders have also been ineffective in preventing the recurrence of domestic violence. Some abuser has violated the restraining orders by increasing the degree of violence against the victims. Restraining orders can only be successful when the abuser is a good rule follower. However, in most cases, domestic violence suspects are not right when it comes to following the law. Other suspects do not fear the police, courts, nor going to jail, which makes them continue harming the victims ("Do Domestic Violence Restraining Orders Ever Really Work?", 2020). For example, suspects declare that if they can't have the woman anyone, which will lead to increased rates of violence against the victim. Law enforcement has also played a significant role in making restraining orders ineffective. The police are used to abuse and may be reluctant to respond to misdemeanor acts that do not occur in their presence. Lack of reporting by the victim have also contributed to the lack of effectiveness of restraining orders.

Coercive Tactic that he may use to get her Pregnant

The man possesses both abusive and controlling powers over the client. Abusive and coercive control refers to the way abusers maintain power and control over the victims to subject them to physical, psychological, and sexual abuse. The abuser may try to make the lady pregnant for him to accomplish the mission of settling with her. This attempt may also be a way of making the lady dependent on him. Researchers have argued that impregnating the victim is an additional mechanism of abuse (Fiore, 2010). Some of the tactics they may use to accomplish this include sabotaging reproduction control by poking holes on condoms or doing away with pregnancy control pills.

The man may also apply psychological mind games against the client. According to the client statement, the abuser is very loving and only victimizes her when he is drunk or stressed. He may utilize the said loving tendencies to make the lady fall in his trap. According to the National Coalition Against Domestic Violence (NCADV), the primary goal of abusers in an intimate relationship is to maintain their dominance and control over their victims. They apply tactics that are cleverly constructed to manipulate and control their partners. They use cycles that consist of good periods and harmful and abusive periods (NCADV, 2020).

Some of the risks that are posed to the client by this abusive and controlling powers of the man include the development of dependency. The lady may become pregnant, which will depend on this man (Fiore, 2010). This dependency will make her live in an abusive relationship. The client may also be exposed to sexually transmitted diseases. The lady may also fall into the trap of the man by believing that the man is loving and only become abusive when he is stressed or when drunk. According to NCADV (2020), abusive partners at the onset of a relationship appear to be very beautiful, loving, and romantic. However, as time goes by, they start changing their behaviors. They start making their partners feel isolated and controlled. NCADV further asserts that the mixture of cycles where victims feel loved and other times are abused makes them feel trapped, silenced, and lose their self-esteem. Any attempt of the victim to assert their presence is met by abusive and controlling tendencies of their partners.

Purpose of Restorative Justice Approach to Domestic Violence

The restorative justice approach can be defined as a process that brings the victim, mediators, and the offender together to repair the harm caused to the victim (Obi et al., 2018). In a domestic violence scenario, the restorative justice approach begins with the recognition that the abuser's actions hurt the victim, and it also recognizes that the abuser must be involved in repairing the harm they have made the victim undergo. The restorative justice approach in domestic violence hence allows the participation of the victim. The abuser and other members of the society who have been affected by the actions of the abuser. The main goal of the restorative justice technique to domestic violence is to repair the harm caused by the abuser and to hold them accountable for their actions.

The restorative justice approach is essential as it creates a platform for dealing with domestic violence cases that have not been processed formally. Domestic violence victims may fail to report their incidents due to the feeling that their needs will not be addressed via the court or due to fear of public humiliation. Others fear that the abuser will hurt them more after their time in jail expires (Liebmann, 2020). These cases can be solved through restorative justice, which will eradicate the need for revenge from the abusers as they will not be put behind bars. Some researchers argue that the existing legal frameworks for dealing with domestic violence are insufficient as they fail to meet the victims' needs (Obi et al., 2018). This failure has led to increased research on the possible application of restorative justice to the issue of domestic violence. These studies aim to ensure that the approach caters to the safety of the victims, repairs the harm caused to them, and holds abusers accountable for their actions.

The Scenario

Mary was at the highest pick of her career when she met John. At the onset of their relationship, John appeared to be very charming, respectful, caring, and loving. After some time, he began to change something that alerted Mary to move out of the link. She pushed him away from her apartment to pursue her career past while waiting for the right guy. One night as she was sleeping, she heard some noise upstairs. To her shock, when she went upstairs, she found John hiding inside a clothes cabinet. She prayed all night for him not to hurt her as Mary was leaving her job. John asked her if he could take her pet for a walk for the last time she obliged.

When she came home, she was shocked to find her pet missing. John called and notified her that he had dropped her pet from a cliff as she loved it more than him. John ensured that Mary lost a job, which made her dependent on him. John abused her all through to the point that she felt that she could no longer take it. Mary visited a psychologist who prescribed some medication to her. Mary refused to take medication as she believed they would only make a shadow of her real life. Mary decided to handle the situation in her way. She applied the techniques she used to alleviate stress during her childhood, playing music until she recovered. Today she runs a counseling center for domestic violence victims.

Legal Resources Available to Former IPV Victims

Some of the legal resources that are available for survivors of domestic violence include WomensLaw.org. That advice women who have survived and left abusive relationships. It helps women to download various legal and nonprofit resources available in each state. Domestic Violence Legal Empowerment and Appeals Project free representation services for domestic violence survivors who wish to appeal against their abusive partners (Weingarten, 2020). Victims Right Law Center provides legal assistance to domestic violence victims, especially those that have undergone sexual assaults.

References

Benitez, C. T., McNiel, D. E., & Binder, R. L. (2010). Do protection orders protect?. Journal of the American Academy of Psychiatry and the Law Online, 38(3), 376-385.

Do Domestic Violence Restraining Orders Ever Really Work?. Psychology Today. (2020). Retrieved 23 June 2020, from https://www.psychologytoday.com/us/blog/the-act-violence/201207/do-domestic-violence-restraining-orders-ever-really-work.

Fiore, K. (2010). When Partner Abuse Leads to Pregnancy. ABC News. Retrieved 23 June 2020, from https://abcnews.go.com/Health/Wellness/domestic-abuse-abusive-men-sabotage-birth-control/story?id=9639340.

Liebmann, M. (2020). What can restorative justice offer victims of domestic violence? - Penal Reform International. Penal Reform International. Retrieved 24 June 2020, from https://www.penalreform.org/blog/can-restorative-justice-offer-victims-domestic-violence/.

National Coalition Against Domestic Violence. (2020). Who is Doing What to Whom? Determining the Core Aggressor in Relationships Where Domestic Violence Exists. Retrieved 23 June 2020, from https://assets.speakcdn.com/assets/2497/who_is_doing_what_to_whom.pdf.

Obi, F. C., Okoye, I. E., Ewoh, A. I., & Onwudiwe, I. D. (2018). Restorative Justice: Psychological Needs of Offenders and Implications for Safety & Security. African Social Science Review, 9(1), 3.

Restraining Orders and Domestic Violence. Osbar.org. (2020). Retrieved 23 June 2020, from https://www.osbar.org/public/legalinfo/1140_RestrainingOrders.htm.

Weingarten, D. (2020). Legal Resources for Victims of Domestic Violence | ESME. ESME. Retrieved 24 June 2020, from https://esme.com/resources/domestic-violence/legal-resources-for-victims-of-domestic-violence.