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Domestic Violence and Temporary Restraining Orders History of Violence By 1975 many states permitted wives the right to prosecute for assault against abusive husbands. This failed also because women failed to consider the intricate and complex nature of family violence. The criminal system responded more quickly to the abuse and injury inflicted on a total stranger than on an intimate partner. By the mid 1970’s things began to change the women’s movement advanced the issue of domestic violence and began to support shelters, support center and crisis hotlines. But today domestic violence is increasing not only in the home but also in the workplace and schools. Victims are also becoming younger and are more violent, which also include gangs, drugs and alcohol. The biggest risks today with domestic violence are guns. More victims are being killed by guns and knives. Domestic violence has increased all over the world but here in Toledo, this year alone nine people have died due to domestic violence. In most cases the couples were separated and some women had temporary restraining orders against their abuser. There were four incidents of the abusers not only killing the victim but then shot and killed themselves. Women are most likely to be murdered when attempting to report abuse or to leave an abusive relationship. In one case here in Toledo a male was shot and killed by his wife, they were separated. Most killings are done by males but there is an increase of women killing abusers because they can no longer take the abuse or they are the abuser. A protection order is a court order that is designed to stop violent and harassing behavior and to protect a victim and or children. Most abused victims file a temporary protection order. There are two kinds of protections orders in Ohio.
Temporary Protection Order and Civil Protection Order CPO - This order offers more lasting and comprehensive protection than temporary orders. A CPO can be filed even if there are no criminal charges against the abuser. A CPO last up to five years. These cases are not only for married couples but also for young couples (teens) who had been dating. One female here in Toledo this summer who just graduated in June from high school was shot and killed by a former boyfriend who then turned the gun on himself and also died. There was a TPO in place, but in all of these cases a TPO or CPO did not protect the victim and that is why there needs to be changes made to laws and I am a true supporter in prevention thru community awareness. Solutions and Recommendations
Analysis 2. Education in the schools. With the increase of violence in the homes and schools there needs to be a mandatory course taught on violence. Counselors and teacher are asking for help in the schools on the topic of domestic violence. So many students are not only experiencing violence in school but at home and in their personal life. Students will be taught the warning signs of domestic violence and the consequences of violence. Most important lesson that can be taught is that the cycle of violence will continue from one generation to another until someone takes a stand and say “no more.” 3. Teach employers. With the increase of violence in the workplace employers need to know how to handle violence in the workplace. The possibility that a spouse/boyfriend may injure an employee or employees challenges employers and union to devise strategies for protecting the workplace and their workers. Equally important is keeping the targets violence from being doubly victimized as well as their safety. All employers should be required by law to implement plans to protect their employees, just as employer have safety plans for fires, and tornadoes etc, there should be one in place for violence. Employers should also have routine training sessions for employees with Toledo Police and domestic violence advocates. 4. Change the laws. Currently temporary protection orders and civil protection orders are not working well with the increase of deaths in Toledo. My suggestion would be for abusers to wear ankle bracelets (like House Arrest) once an order has been placed on them. This would allow the police to know the where about of the abuser if he or she is out of their jurisdiction or too close in the vicinity to the victim. Currently there is House Bill 436 now know as Shynerra’s Law for the young teen girl that was killed this summer. One proposed change this bill would amend sections of Ohio’s domestic violence law and hopefully prevent teen dating violence. If approved the bill would make juveniles with whom the offender has had or has a dating relationship with the victim under the domestic violence law. Currently only blood or common law relations are covered by the law. A second change would require that juveniles suspects age 14 and older who are charged in domestic violence death and have committed domestic violence against the victim be tried as an adult in court. A third change would be that allow parents or adult household members to file a motion requesting a temporary protection order on behalf of the alleged juvenile victim. Many times the victims will not press charges or testify due to fear and intimidation from the abusers and even times his or her families. Currently there are no protection orders in juvenile court just “no contact” But” no contact orders” don’t make it into the police records of court orders so they can be enforced. House Bill 436-Shyerra's Law hopes to be passed by the end of legislative session on December 31, 2006, if not sooner.
Solution Domestic violence happens every day but not reported as often as it should. The more it is reported the more changes can be made.
References http://thelawecyclopedia.com/term/domestic_violence http://www.womenslaw.org/OH/OH_how_to.thm
Pamela Jordan Lee
Please note this article was written for research only and any recommendations are based on my personal opinion or reference material. Copyright 2005, Pamela Jordan Lee. |
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