![]() ![]() Definition and Costs of Domestic Violence Domestic Violence: Background & Civil Protection OrdersĪ. The section will explain how the technology works and the potential legal ramifications. Finally, Part V will analyze a new technology soon to be launched by a Swiss company that could enhance survivor protection. The section will explain how electronic monitoring statutes can be narrowly tailored to survive strict scrutiny. Part IV will examine the practical and constitutional issues with electronic monitoring of domestic violence abusers. The section will also briefly discuss the costs of electronic monitoring and potential avenues for funding electronic monitoring programs. Part III will describe the current electronic monitoring technologies and the use of exclusion zones to monitor domestic violence abusers. The section will then turn to states’ adoption of electronic monitoring for abusers in cases of domestic violence and explain three different statutes. ![]() Part II will briefly discuss the use of electronic monitoring in sex offender cases and the success it has had in reducing recidivism rates. ![]() Additionally, it will explain the types of civil protection orders and their enforcement. Part I will discuss the background and costs of domestic violence. Courts should consider imposing electronic monitoring on domestic violence abusers at the temporary civil protection order stage and utilizing the new technology that would monitor both exclusion zone and proximity violations. Survivors will be able to take their own steps to protect themselves once alerted. ![]() Additionally, while law enforcement is also alerted, survivors will not have to rely on law enforcement responding to the violation. This technology will allow survivors to take more control of their lives and not feel limited to remaining in the exclusionary zones. A new technology offers a device for survivors to carry that will alert them if the abuser enters an exclusion zone or comes within a certain proscribed proximity–regardless of whether the survivor and abuser are in an exclusion zone. However, new technology has the potential to increase protection for survivors. Current electronic monitoring technology focuses on setting exclusion zones in which the abuser cannot enter. However, courts should consider imposing electronic monitoring before a substantial violation of a civil protection order, including at the temporary protection order stage. Courts typically impose electronic monitoring after a criminal conviction or a substantial violation of an existing civil protection order. Electronic monitoring can be very useful in enforcing protection orders, both in deterring abusers and helping survivors get their lives back. Judges have the discretion to impose electronic monitoring in both the pre-trial and post-trial phases. Since the early 2000s, several states have statutorily authorized the use of electronic monitoring devices to enforce protection orders. The time following a survivor’s decision to separate from his or her abuser is often a very dangerous period for the survivor because the abuser may seek to reassert his dominance and deter the survivor from seeking help. Studies have shown that as many as one quarter of protection orders are violated. However, no contact provisions can be difficult to enforce because the abuser is usually intimately familiar with the routine of the survivor. These orders can be tailored to fit the circumstances, but frequently include no contact provisions. Civil protection orders (also known as protection from abuse orders or restraining orders) are a common remedy employed by the courts to prevent future violence and protect survivors of domestic violence. One in three women will experience some form of domestic violence in her lifetime. Each year, between 1.8 and 4 million domestic violence incidents are reported. Domestic violence is a widespread epidemic in the United States. Cite as: Nicole Allaband, Using Electronic Monitoring to Enhance the Protection Offered by Civil Protection Orders in Cases of Domestic Violence: A New Technology Offers New Protection, 24 Rich. ![]()
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