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A Study of Protective Orders Issued Under California's Domestic Violence Prevention Act

Temporary and permanent restraining orders offer a measure of protection, in domestic violence situations, that law enforcement officers are frequently unable to provide. The present study reviewed court records of 224 temporary restraining orders issued in Orange County Superior Court under the California Domestic Violence Prevention Act. Civil and criminal court records were also checked to determine whether the parties had been involved in other legal actions.

Only 39 percent of the subjects completed the court process to make the temporary restraining orders permanent. Married victims of domestic violence were significantly less likely to seek a final order. There was no significant relationship between the level of violence and the decision to obtain a permanent order. Neither was there a relationship between the level of violence and the decision to file for dissolution of marriage, nor was there a correlation between filing for dissolution of marriage and obtaining a permanent restraining order. Those who filed for dissolution did not come from the most violent relationships.

There were significantly fewer criminal charges filed in domestic violence cases involving married couples (17.7%) than in those involving unmarried relationships (32.5%). Charges were dismissed three times as often for nonmarried couples. There was no significant relationship between the level of violence alleged when the civil restraining order was first sought and the filing of criminal charges during the follow-up period (18 months), although criminal charges were most common in cases where the restraining order application alleged minor injuries.

Criminal Justice Review, Vol. 17, No. 1, 61-76 (1992)
DOI: 10.1177/073401689201700105


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