NCJ Number
133610
Journal
Response to the Victimization of Women and Children, Issue 78 Volume: 14 Issue: 1 Dated: (1991) Pages: 3-12
Date Published
1991
Length
10 pages
Annotation
Courts can develop formal guidelines that specify what procedures law enforcement officers are statutorily required and authorized to follow in enforcing civil protection orders and what procedures judges should follow in holding violation hearings.
Abstract
Violation of a civil protection order is a misdemeanor offense in 30 States. However, enabling police officers to make a misdemeanor arrest of an offender who violates an order provides victims with little protection because most repeat offenders have fled the scene before the officers arrive. In several States, the failure of police to arrest violators has led to considerable public concern, particularly in cases in which serious injury or death later resulted. In response to this concern, statutes in 13 States mandate rather than simply permit warrantless arrest for the violation of a civil protection order. Nine States classify violation of an order exclusively as criminal rather than as a misdemeanor offfense. Violation constitutes exclusively civil contempt in 19 States. The arrest powers of law enforcement officers depend on whether a violation is a misdemeanor, criminal contempt, or civil contempt and on whether there is statutory authority to make a warrantless probable cause for a violation. Courts play a key role in setting the tone for aggressive law enforcement. Judges can also provide leadership by informing law enforcement personnel about statutory provisions for arresting violators and about the potential liability of police to civil suits if they do not comply with the law. The article discusses admonishing defendants, modifying orders, monitoring compliance, responding to violations, and encouraging effective law enforcement. Components of effective judicial training are noted. 5 references and 3 tables