Getting Behind Closed Doors: New Developments in Legislation to Prevent Domestic Violence

• NCJ Number: 225513
• Journal: International Journal of Comparative and Applied Criminal Justice Volume: 32 Issue: 2 Dated: Fall 2008 Pages: 173-194
• Author(s): Renee Romkens; Katinka Lunnemann
• Date Published: 2008
• Length: 22 pages
• Publication Format: Article
• Publication Type: Program/Project Evaluation
• Language: English
• Country: United States of America
• Note: For other articles in this special issue, see NCJ-225511-12 and NCJ-225514-19.

Annotation

This study reviewed experiences with the "barring" order (temporarily barring perpetrators of domestic violence from their homes in order to make the victim and children safe while treatment/intervention is conducted) in Austria, Germany, and the Netherlands.

Abstract

The findings indicate that the implementation of this new measure for managing domestic violence cases is facing reluctance among police. This reluctance is based on the time involved for police to execute the order, which takes approximately 1 1/2 hours to complete the risk-assessment form and contact the team that is responsible for initiating the intervention program for victim and perpetrator. Also, the majority of the police officers interviewed felt that helping to prevent family violence is not a primary police task. In all crucial aspects of implementing barring orders, there was substantial variation among the three departments. Further, there was variation in the quality of the implementation of the barring order among police departments and among officers within each department. Although the total number of domestic violence incidents registered with the police during the trial period was near what was expected, barring orders and risk assessments were administered in only 22 percent of the cases. In most of the cases where barring orders were issued, the domestic violence had escalated over time to a dangerous level. This suggests that the barring order is not used as a preventive measure to prevent such escalation. These findings raise the question as to whether the police acting as gatekeepers for intervention in domestic violence cases serve prevention goals while ensuring a balance in the rights of both alleged perpetrators and victims. Empirical data are provided regarding the features and implementation of each country’s barring order. 1 table, 14 notes, and 41 references