Restraining order

If, however, the judge denies a restraining order and the plaintiff is killed or injured, poor publicity and an enraged community reaction may harm the jurist's career.

The judge later admitted that he granted the restraining order not on the merits of the case, but because the petitioner had completely filled out the required paperwork.

[10] However, a 2002 analysis of 32 U.S. studies found that restraining orders are violated an average of 40 percent of the time and are perceived as being "followed by worse events" almost 21 percent of the time, and concluded that "evidence of [restraining orders'] relative efficacy is lacking", and that they may pose some degree of risk.

[citation needed] Threat management experts are often suspicious of restraining orders, believing they may escalate or enrage stalkers.

In his 1997 book The Gift of Fear, American security specialist Gavin de Becker characterized restraining orders as "homework assignments police give to women to prove they're really committed to getting away from their pursuers," and said they "clearly serve police and prosecutors," but "they do not always serve victims".

§ 1983 for failing to enforce a restraining order, which had led to the murder of a woman's three children by her estranged husband.

[citation needed] Restraining orders most commonly protect a woman against a male alleged abuser.

A California study found that 72% of restraining orders active in the state at the time protected a woman against an alleged male abuser.

[19] Under the Domestic Violence Crime and Victims Act 2004, cohabiting same-sex couples are able to seek a non-molestation order.

[20] Non-molestation orders sought for protection from domestic violence qualify for legal aid regardless of the applicant's income.

[citation needed] Some states (e.g. Mississippi[25]) may also call a restraining order a peace bond and are similar to ASBO laws in the UK.

For example, in North Carolina, pro se litigants can file a 50B (also called a DVPO, for domestic violence protective order) complaint with the clerk of court.

If the state has no sexual assault restraining order statute, the victim may still qualify for a domestic violence restraining order if the sexual assault occurred in the context of a domestic relationship or if the statute is written sufficiently broad.

For example, what is called a harassment restraining order in Wisconsin also specifically includes cases of sexual assault and stalking.

[33] The California courts have designed domestic violence restraining orders to be accessible to the public so as not to require a lawyer to obtain or defend against one.

This type of restraining order is not intended to protect a specific individual but rather the community at large from someone believed to be a danger for gun violence.

[34] A domestic violence restraining order in the Czech Republic may be issued by a police officer or by a court.

[35] A court may issue a domestic violence or stalking restraining order based on application of threatened person for a period of up to one month.