Restraining order

ABOUT THE PROJECT

A fundamental feature of the restraining order issued by the police is the immediate protection of victims; the abuser must be immediately removed from the shared home, and the victim must not be approached at a certain distance. The police issues the measure at their own discretion (ex officio), which means that it does not require victim’s proposal.

The research will examine in depth the issuing of a restraining order in the period 2010-2021; we will identify the scope of the issuing, trends, possible differences between police administrations and the different characteristics of the cases in which the police decided to issue this measure (such as gender and age of the perpetrator and victim, forms of violence). We will be particularly interested in the effectiveness of this measure. Foreign literature shows that a violation of a measure (they report it in 40% of cases) is a circumstance most often assessed as an indicator of its effectiveness. Few studies analyze re-reports of violence after the measure expires. The study will examine both aspects of efficacy. We will determine the proportion of violations of the restraining order and the characteristics of the cases in which the violation occurred. In this way, we will identify those characteristics of cases that indicate the need for even more intensive supervision by the police and the necessity of other authorities for particularly intensive assistance to the victim in order to protect her. We will also be interested in the proportion of perpetrators who commit violence again after the measure has expired, and the same measure has therefore been imposed on them again. When studying the measures issued, we will pay special attention to the period of the pandemic.

Funders: Slovenian Rersearch Agency and Ministry of the Interior

Project number: V5-2113

Period: 2021-2023

Relevance to the development of science

The literature on domestic violence is extensive, and due to the complexity, the authors often focus on narrower aspects of this phenomenon. Empirical research leads to different findings, often due to different methodological approaches. The proposed project will result in a systematic and critical review of existing literature and research, providing professionals working with victims and perpetrators, strategic decision-makers and researchers a better insight into the dynamics of domestic violence. In this way, new research by Slovenian researchers will be encouraged, especially regarding identifying possible specifics of domestic violence characteristics in our environment.

Several minor analyses of the protection of victims of domestic violence with a restraining order issued by the Slovenian police have already been carried out. The proposed project will be the first systematic study of this measure. In particular, findings on its effectiveness will be valuable for the further work of the police, as the factors influencing the violation of the measure will be identified. With their knowledge, it will be possible to assess the adequacy of the response of the police and other competent services to domestic violence, as well as the adequacy of legal solutions. The findings of the proposed project will be a sound basis for planning changes. Due to the developed methodology within the project, which will be used to check the effectiveness of the restraining order, it will continue to be easier to identify the effects of changes and assess their adequacy. From a scientific point of view, the findings, which will be empirically supported, will be the basis for further research, aiming to find the most appropriate responses of the state to domestic violence.