Restraining orders: Do they work?

By Denae D’Arcy, kval.com

“Our domestic violence cases are up this year – this year it was staggering,” says Patty Perlow

Perlow is the deputy district attorney for Lane County. Because her office has seen so many cases in the first six months of 2009, she has developed a special team with a senior attorney to fight domestic violence.

Here’s part of the reason why: In 2008, more than 2,300 people applied for restraining orders in Lane County. Victims claimed they were violated 670 times. That doesn’t mean suspects were arrested in 670 of the cases, but the alleged violation was reported.

In the first six months of 2009, almost 1,300 people applied for orders. Since they were filed, 413 of those have allegedly been broken.

Restraining orders are being ordered and violated in 2009 at a faster rate than any other year on record. However, it is important to point out domestic violence crimes were not always tracked in a specific category in Lane County.

Because of the high number of restraining orders allegedly violated each year, I asked Perlow, “Do you feel like restraining orders are a useful tool in protecting a victim?”

Her response is not likely one that will comfort a victim hoping for protection from an abuser. “Absolutely, in the instance that someone has crossed that boundary and law enforcement can make contact. But a restraining order is not a shield,” she said.

Byron Trapp with the Lane County Sheriff’s Office knows first had what it’s like to deliver a restraining order to a “responder.”

He says it can be an emotional experience and situations play out in a range of ways. Some people calmly take in the news and accept the paperwork, while others become combative.

In many cases, a person who is under order to stay away from another person gets 20 minutes “civil standby” where they can collect their belongings if they are residing with the person who filed the order. Usually there is an officer present during those 20 minutes, especially if there is a history of assault.

“It’s a short-sighted thought to think if I get a restraining order, it’ll be fixed,” Trapp said.

He also pointed out the Lane County Sheriff’s Office responds to at least one restraining order violation every day.

Trapp explained state law requires an officer to arrest a person if there is a strong assumption that a court ordered boundary has been crossed. Violations include coming to a residence, driving by a house or even calling the person who sought the order, depending on stipulations of any particular order.

Domestic violence counselors recommend victims change their life situation completely if he or she is being abused. Rather than just seeking a restraining order, one should consider moving to a new location. At the least, victims should write down four places where they can seek protection and safety in a dangerous situation.