Submitted by:  Victim Services Committee

Co-Sponsored by: Forensic Science Committee and Crime Prevention Committee

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WHEREAS, a protective order is a legal injunction that requires a party to do, or to refrain from doing, certain acts with the purpose of protecting and empowering victims of intimate partner violence and giving a means of safety, and each state in the United States has some form of domestic violence restraining order law, and many states also have specific restraining order laws for stalking, harassment, and sexual assault; and

WHEREAS, there is a continued need for awareness and education related to actions taken by law enforcement when responding to calls involving possible protection order violations where law enforcement officers are applying the action/conditions of the protection order on the victim (petitioner), when in fact, the actions/conditions are written for the respondent to abide by; and

WHEREAS, there is also a continued need for awareness related to legislation that attempts to enact criminal penalties for victims (petitioners) for actions related to protection orders issued against respondents, and similar court rulings; and

WHEREAS, protective orders help victims, as well as their children and families, regain control by establishing boundaries, restrictions, and sanctions with the support and enforcement of the criminal justice system and in some jurisdictions may be one of the few safety options for victims, and they may be the tool that a victim needs in order to begin separation from an abusive party; and

WHEREAS, victims may suffer emotional, psychological, economic, and/or physical abuse, endure threats, coercion, and/or manipulation by perpetrators of interpersonal violence, and may have conflicting emotions and established dependency (economic, psychological); and

WHEREAS, perpetrators are coercive and skilled at manipulating victims and the criminal justice system in order to gain and maintain power and control, and will use the possibility of the victim’s arrest against and/or as leverage and as another means of power and control; and

WHEREAS, a victim may feel pressured, or be manipulated by the perpetrator into letting him/her into the house, workplace, or meeting with him/her with the sole purpose of setting a victim up for arrest, and oftentimes it is safer for a victim to comply with the demands of a perpetrator rather than suffer the consequences if they do not comply; and

WHEREAS, legislation or public policies that support the arrest of victims (petitioners) for actions related to protection orders issued against respondents, a tool that was established to keep an abusive party away from a victim, serve to embolden the perpetrator and give him/her more power, this time with police action and the criminal justice system to support the words and threats of the perpetrator; and

WHEREAS, legislation or public policies that support the arrest of victims (petitioners) for actions related to protection orders issued against respondents take a procedure that is meant to protect victims and uses it to punish them.  These policies lead to damaging victim trust in the criminal justice system and create hesitation on the part of the victim to seek law enforcement protection because of the possibility of being arrested; and

WHEREAS, if the perpetrator refuses to comply with the terms of an order they shall face criminal or civil penalties and may have to pay damages or accept sanctions. Now, therefore, be it

RESOLVED, that because of the complicated nature of the crime of domestic violence/intimate partner violence and the complex situations responding officers are left to sort out, education and awareness regarding the harmful effects and ramifications of arresting victims (petitioners) for actions related to protection orders issued against respondents is needed; and be it 

FURTHER RESOLVED that the International Association of Chiefs of Police strongly believes that law enforcement should encourage legislation and public policies that support the arrest of and criminal consequences for respondents and not victims (petitioners) for actions related to violations of protection orders.