In domestic violence cases, protection orders are often useless

Pardon me for using an out of date colloquialism; but it seems to fit.

Well duh!

Seattle Times Article

Having worked on a number of domestic violence cases over the years and being an avid reader of crime related news, it is quite obvious that the whole behavioral and crime category of domestic violence is very complex. As a practical matter, it seems to be beyond the ability of law enforcement and the courts to effectively deal with the problem or, more correctly, the complex of problems associated with the issue. Two things stand out to me as particularly problematic.

First: A protection or no-contact order is a very tenuous form of protection against future violence by a perpetrator against the same victim. My experience as a private investigator is that the orders are frequently violated by both parties, in collusion. From all the cases we’ve read or heard about over the years, it is sadly obvious that a violent person, intent on injuring or killing his or her victim, is not deterred by fear of legal consequences based on a bit of dead tree with some words printed on it.

Second: Victims of domestic violence are not easy to categorize. Some are mentally healthy, normal people who make the mistake of hooking up with people who later turn out to be violent. In spite of all their efforts to deal with the problem, these people sometimes fall prey to more harassment and violence from the same person. Some domestic violence victims have complex, personal psychological issues that result in their choosing to have co-dependent relationships with violent people. Too often they either return to the same relationship or find another person with whom to form another co-dependent relationship.

There is an old adage that goes something like this. If what you’re doing isn’t working, do something/anything else. The behavioral issues, including their roots, get a lot of attention from the mental health community. Both perpetrators and their victims need better access to counseling. The legal community needs to start from scratch in reforming its response to the crime of domestic violence. What they’re doing isn’t working.

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