Restraining Orders Pose Severe Risks When Denied or Inadequately Enforced

Each year, approximately 1 million restraining orders are applied for in the U.S. This demand highlights the prevalence of domestic violence and the need for protective measures.

A restraining order, also known as a protective order, is a legal mandate issued by a court to protect an individual from harassment, stalking, or violence by another person. It typically prohibits the abuser from contacting or coming near the victim and may also grant temporary custody of children, possession of shared property, and other protective measures.

Victims seek restraining orders for various reasons, primarily to protect themselves from physical, emotional, or psychological abuse by an intimate partner or family member. They may apply for these orders in response to threats of violence, stalking, or harassment, and to ensure safety for their children from exposure to domestic violence. Restraining orders aim to provide a sense of safety and security for those feeling threatened or victimized.

However, a 2018 report by the National Center for State Courts indicates that only about 50% of restraining orders applied for are granted, leaving half of the applicants unprotected. Many requests are denied due to various barriers, including insufficient evidence or lack of legal representation. Common reasons for denial include the absence of an “immediate” threat and biases within the legal system. This means that many women seeking protection from their abusers are not only denied that protection but may face greater danger for having sought it.

Experts have differing opinions on the effectiveness of restraining orders. A 2010 study published in the Journal of the American Academy of Psychiatry and the Law reviewed 15 U.S. studies and suggested that restraining orders “can serve a useful role in threat management.” However, a 2002 analysis of 32 U.S. studies found that restraining orders are violated about 40% of the time and are “followed by worse events” nearly 21% of the time. This analysis concluded that the evidence supporting their effectiveness is insufficient and that they may carry some risk. Other research indicates that restraining orders often provide little assurance against future violence. For example, a nationwide telephone survey conducted in 1998 revealed that only 30% of stalking victims who obtained restraining orders were able to keep their stalkers away.

Threat management experts often express skepticism about restraining orders, suggesting that they might provoke or aggravate abusers. The Independent Women’s Forum has criticized them for potentially creating a “false sense of security,” and the American Bar Association, in its Family Legal Guide, warns that such court orders might even exacerbate the alleged offender’s anger.

According to the Centers for Disease Control and Prevention, more than 1,500 women are killed annually by intimate partners in the U.S., with most femicides occurring after a woman attempts to leave her abuser. Despite this clear danger, women seeking protective orders are often denied them. Research indicates that a significant percentage of femicides occur after a woman has sought legal protection. This underscores the persistent danger and complexity of abusive relationships, even when legal measures are in place, and highlights the severe risks involved when restraining orders are denied or inadequately enforced.

The National Institute of Justice, in its 2006 report Restraining Orders: The Impact of the Violence Against Women Act, noted that approximately 20% of women who were murdered by their intimate partners had previously obtained restraining orders against them. Similarly, a 2008 study by the National Institutes of Health, Restraining Orders Among Victims of Intimate Partner Homicide, found that 11% of women murdered by an intimate partner had a restraining order at the time. This translates to hundreds of women annually in the U.S. who are killed despite having legal protections. Even though most victims did not have a restraining order, many had likely tried to obtain one and were denied before being murdered. Of those women with restraining orders, 20% were murdered within two days of obtaining the order, and 33% within one month. This highlights the limitations and enforcement challenges of restraining orders, emphasizing the need for more effective measures to ensure the safety of individuals under such protection.

The National Coalition Against Domestic Violence emphasizes the urgent need for awareness, prevention, and resources to support survivors of domestic violence. In his 1997 book The Gift of Fear, security specialist Gavin de Becker writes, “Spousal homicide is the single most predictable serious crime in America. It is in trying to leave that most women get killed. A dangerous myth about spousal killings is that they happen in the heat of argument. In fact, the majority of husbands who kill their wives stalk them first, and far from the ‘crime of passion’ it’s often called, killing a wife is usually a decision, not a loss of control. Seventy-five percent of spousal murders happen after the woman leaves — it is estrangement, not argument, that begets the worst violence.”
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Ultimately, femicide isn’t about instances of “fatal attraction”; more commonly, it reflects the consequences of fatal inaction.