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Updated: 11:16 AM May 5, 2010
Domestic Violence Protection Orders: Are They Working?
Lincoln The ongoing debate over the years has questioned whether protection orders really work. In a special report, 10/11 takes a look at Nebraska's laws regarding the orders.
Posted: 12:00 AM Nov 23, 2009Reporter: Keller Russell Email Address: Keller.Russell@1011now.com |
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For some, they're just a piece of paper issued by a judge, but protection orders carry a lot of weight for some victims of domestic violence.
The ongoing debate though, over the years has questioned whether they really work.
Requests for protection orders were near record levels in Lancaster County in 2008 and the number of arrests stemming from domestic violence also slightly increased from 2007.
So are the laws designed to protect victims working?
We sat down the attorney general, advocates and victims to find out.
"To me, if the crime has been committed, he needs to go to jail or he needs to be held accountable some other way.."
The opinion comes from Jody Schaubroeck's personal experience.
The crime is domestic abuse and in this case breaking an order of protection.
Schaubroeck's 27-year-old daughter, Amanda Thomas, was killed by an ex-boyfriend with a record of abuse.
When she was stabbed to death, there was a protection order against her boyfriend.
"I think the protection order is an important tool but its not magical. I think it does give them the sense that because the judge says you have to stay away that they'll stay away but that's not always true," said Schaubroeck.
The crime against Amanda happened in Missouri earlier this year but it got us thinking about what's being done in Nebraska about repeat offenders of such orders and if the process is working.
"The stiffer penalties no doubt cause modification in behavior so I do think its working," said Nebraska Attorney General Jon Bruning.
In 2001, as a state senator Bruning introduced a bill that made it a felony for anyone convicted of violating a protection order more than once.
The law took effect in 2002 and Bruning believes the penalties are working as a deterrent.
"Now can an abuser walk through a piece of paper, yea sure they can but if they do that on a regular occasion pretty soon they're going to find themselves in prison," said Bruning.
In Lancaster County, there's been a noticeable drop in repeat offenders of protection orders. 2008 saw an all-time low since the Family Violence Council began tracking the information in 1996. According to an annual report by the council, more offenders were being sentenced to jail time or intervention programs versus just being fined.
Investigator Tracy Graham sees the change in her work as the domestic violence coordinator with the Lincoln Police Department.
"I've seen people serve more time for re-offending so anytime that person is kept away from a victim longer that puts that victim in a place of safety," said Graham.
But some advocates and those who work with abuse victims question whether enough is done to enforce the protection orders in the first place.
"What I can see from talking to people is the efficacy of protection orders varies from county to county, from city to county and sometimes the city is really good with it, where the county guys may not be so much," said Schaubroeck.
Graham says investigations of protection order violations can be difficult - often a game of he said, she said. And sometimes, victims don't want their abusers arrested which can make it difficult for law enforcement.
"We often find typical situations where victims want a protection order one day and they don't want a protection order on a different day," said Graham.
But Nebraska law requires officers to make an arrest if there is a violation and to determine who is the aggressor when responding to domestic violence calls.
There's an on-going effort to educate those who work with domestic violence - including county attorneys and law enforcement.
Bruning admits there's been some problems with response to domestic violence calls in the state but says overall he feels good about the quality of law enforcement.
"We've had some county attorneys say I don't want to mess with this and they send the police out there and say ticket both parties. We've made it clear to those county attorneys that's not the way to do business. You need to look into the facts," said Bruning."There's always going to be somebody who is the aggressor, someone who is the victim. Figure it out. Do your job and figure out who the victim is here and ticket the right person. Don't tell the police to ticket both - that's not going to put an end to it. "
Latest Comments
Yes, these people need to be held accountable for there actions, as in jail or prison time. My nephew is a prime example, he has stalked, attacked his wife in two counties and was jailed on four counts, but released on bond. She got scared and stopped the protection orders, but thank God the state has charged him and hopefully he will get what he has coming to him. Two charges are in Cass county and two in Lancaster. With luck one or both will see he needs to be taken off the street. To many death threats and he runs around with guns! Very scary knowing people like him are out here and nothing being done to stop them. It is sad when the victum throws up there hands and gives up,because of being afraid of there spouse and the what ifs. He runs around like a crasy person and for over 6 months has kept family members stressed out with his bad behavior, stocking, going to house to house outraged. There are to many Kenny's out there who need to be stopped.He acts like he owns her! VERY SCARY
Yes it is time. Lets bring the abusers out of the wood work make them pay their dues. Its time to stop slapping their wrist. Time to stand up for all the Amanda Thomas's of the world. We won't forget you Amanda. Amanda did not deserve to fall through the cracks and her children certainly deserve to have their mother. Wake up it's real loved ones are dying.
I'm so glad someone is covering this topic. It's about time. We need help from the same people who sometimes act like we're stupid or that we like what is happening to us. thank u 10.11
