Protective Order Enforcement: Another Pirouette
24 Pages Posted: 22 May 2015
Date Written: 1995
Abstract
Family violence is particularly destructive because the danger exists within the sanctuary of the home and of intimate relationships, exploding where there is little chance for respite. Without a firm commitment to combat family violence, this behavior will continue to flow from generation to generation. The very existence of protective orders suggests a failure on the part of the criminal justice system to effectively respond to domestic violence. These orders also highlight the complexity of the issues raised and the difficulty of applying a narrow state-versus-perpetrator-to-the-exclusion-of-victim approach to these crimes. Domestic violence necessarily entails a hybrid of criminal and family law and thus demands creativity. This does not mean counseling instead of punishment, nor does it mean light sentences. The message that violence in the home is serious, and will not be tolerated, must be clear. That this message requires a complex response makes it no less compelling.
Keywords: family law, domestic violence, hybrid criminal and family law, creative solutions, solving domestic violence issues
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