NCJ Number
177708
Date Published
1999
Length
64 pages
Annotation
Because the problem of domestic violence is a prominent social policy and social welfare concern, data from temporary restraining orders (TROs) sought in Hawaii's family and district courts were compared to corresponding data from the Honolulu Police Department, the City and County of Honolulu Department of the Prosecuting Attorney, and the State Department of the Attorney General.
Abstract
The purpose of the study was to obtain information on those who petitioned the court for TROs, circumstances and conditions under which protection was sought and from whom, factors related to granting or denying TROs, types and duration of court-ordered protection, and subsequent outcomes of cases involving TROs. During 1996, family court plaintiffs were most likely to be women residing in Honolulu, Ewa, or Windward Oahu, petitioning on behalf of themselves and their minor children and representing themselves with assistance from the court's adult services. District court plaintiffs were generally women residing in the same areas, petitioning on their own behalf and representing themselves without legal assistance. Defendants in both courts were most likely to be males residing in the same areas as the plaintiffs who were on average 35 to 37 years of age and who did not have access to or use weapons against the plaintiffs. Plaintiffs reported many types of abuse and threats in their TROs. In the vast majority of cases, specific acts of abuse included pushing, grabbing, shoving, kicking, hitting, and biting. In family court where many plaintiffs and defendants were either married or in intimate relationships, property destruction and child abuse were also cited. In both family and district courts, a large proportion of defendants reportedly threatened to kill or physically harm the plaintiffs. Court judges clearly understood the importance of affording TRO plaintiffs immediate protection from defendants. About 50 percent of family court defendants and 25 percent of district court defendants were suspects in almost 800 police reports for various crimes involving the plaintiffs as victims or complainants. Approximately 28 percent of family court defendants and 18 percent of district court defendants had at least one alleged restraining order violation reported to the police and many had repeat violations. Specific recommendations to improve the handling of TRO cases are offered. Additional information is appended on plaintiff and defendant characteristics, TRO conditions, and offenses of TRO defendants. 17 references, 16 tables, and 1 figure