Domestic violence is more common than most people realize; about one out of every four women will suffer from domestic violence during her lifetime. Men are also affected by domestic violence, although to a lesser degree. Often, a restraining or protective order will be issued against the perpetrator of the violence.
Protective Orders
The common perception is that protective orders do little to actually protect a victim of domestic violence. These orders stays in effect until the next court hearing, at which time the order may become permanent. The order will prohibit contact between the parties and exclude one party from the home. If there is substantial history of violence or a threat upon the other person’s life, the order will normally prohibit the aggressor from possessing a firearm.
Penalties for Violating a Protective Order
If someone violates a protective order, they are in contempt of court, punishable by fines or jail. The minimum sentence for a second violation is thirty days. Many people have argued that this is not a sufficient penalty.
Do Protective Orders Work?
Studies have looked at how effective protective orders are and have generally determined that while a protective order may work as a cooling off period in about two-thirds of the cases, nothing will protect a person from a determined attacker. However, for those two out of three cases, the protective order had a positive influence, either eliminating or substantially reducing domestic violence.
If someone is truly fearful, they need to have a plan and not rely on the protective order. It’s better to leave the home than to remain in danger, especially if there are children. The most dangerous time is usually when the couple separates and emotions are highest. There are no perfect solutions to this problem, but an experienced attorney in family law in Lee’s Summit MO with experience in this area would be able to offer some practical advice and assistance. Visit here to learn more about domestic violence.
Anyone who is struggling with domestic violence should not try to handle it alone. Dana Outlaw Law Firm has many years of experience with issues of family law. His focus is on family law in Lee’s Summit MO, including domestic violence, divorce, custody and adoption. Call the office to learn how he can help you.
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