PRESS RELEASE
Contact: Rebecca Stewart
Telephone: 513-479-3335
Email: info@EndToDV.org
Restraining Order Madness: Are Domestic Violence Protection Orders Doing More Harm Than Good?
WASHINGTON / July 16, 2019 – For years, restraining orders have been a mainstay in efforts to combat domestic violence. But such orders are controversial because of the lack of due process and their unproven value. Now, reports from Georgia and Ohio reveal restraining orders are not only ineffective, they may be serving to escalate an already tense situation, thereby triggering partner homicides.
In Georgia, Sgt. Brandyn Paonessa was killed by his wife, Brittany on June 17, just three days after he obtained a restraining order against her. The woman allegedly had stalked him, threatened his Amy job, and ran a truck into their house, narrowly missing their children. Brandyn was shot in the stomach with a shotgun in front of his home. Brittany was jailed on a $150,000 bond (1).
In Ohio, the Cleveland Plain Dealer recently compiled information on 14 cases in which persons with restraining orders were fatally stabbed, strangled, shot, or beaten. In several cases, the victim’s death occurred shortly after the restraining order was granted, suggesting the order may have exacerbated the conflict (2).
In 2016 for example, Lola Robinson’s ex-boyfriend, Charles Stoves, beat her to death, just days after she obtained a restraining order against him. They had lived together before Robinson broke off the relationship. Stoves was sentenced to 25 years to life in prison for the killing.
The SAVE report, “Use and Abuse of Domestic Restraining Orders” highlights how judges issuing such orders seldom demand hard evidence of abuse (3). Elaine Epstein, former president of the Massachusetts Bar Association, admitted, “In many cases, allegations of abuse are now used for tactical advantage.” The “mere allegation of domestic abuse…may shift the burden of proof to the defendant,” according to another attorney.
A major problem with restraining orders is they are issued without undertaking any risk assessment, according to the Coalition to End Domestic Violence. In low-risk situations in which violence is not alleged, couples counseling may be appropriate. In high-risk situations, such as the Brandyn Paonessa case, the order was an inadequate response. The perpetrator needed to undergo mental health treatment and police surveillance increased.
A study by the Massachusetts Trial Court found that less than half of domestic violence orders involved an allegation of “violence.” In most cases, the order was issued on the basis of alleged fear or emotional distress, not because of actual or imminent violence (4).
Citations:
- https://www.foxnews.com/us/order-of-protection-fort-benning-soldiers-murder-wife-charged-with-murder
- https://www.cleveland.com/crime/2019/07/cleveland-quadruple-homicide-is-latest-example-in-long-line-of-restraining-orders-failing-to-protect-women-from-abusers.html
- http://www.saveservices.org/downloads/VAWA-Restraining-Orders
- Office of the Commissioner of Probation, Massachusetts Trial Court: The tragedies of domestic violence: A qualitative analysis of civil restraining orders. October 12, 1995.
The Coalition to End Domestic Violence is working to reform the Violence Against Women Act in order to address the root causes of domestic violence, promote family preservation, and ensure due process.