Domestic Violence and Law Enforcement

Every day, victims of domestic violence walk into courtrooms seeking protection through restraining orders. These legal orders are often the last line of defense for victims against current or ex-spouses, boyfriends, or girlfriends.

As an experienced family law attorney, I have witnessed horrific cases of domestic violence. I have represented victims who have been punched, kicked, beaten, and had their lives—and the lives of their children—threatened. In many instances, I have successfully obtained restraining orders, only to see the perpetrator violate them, forcing me to return to court to secure even stricter orders that sever all communication and revoke all custody and visitation rights.

However, despite these legal victories, one troubling trend has become increasingly apparent: law enforcement is failing domestic violence victims.

An Example of Law Enforcement's Failure

Here is an example of the failure. A victim obtained a temporary and emergency restraining order against her boyfriend after he physically assaulted her, threw her out of the house, and threatened to kill her and their two-year-old daughter.

A witness even confirmed the death threat, which led to the initial restraining order. After she properly served him with the order, he allegedly threatened to kill her again. His own father was so concerned that he called the Sheriff on his son.

When law enforcement finally caught up to the abuser, he tried to flee, but they apprehended him. They found enough marijuana in his car to book him on drug charges with intent to sell or transport. Bail was set at $50,000. She was terrified that he would somehow get out and escalate the situation further. You might assume that with such serious charges—assault, death threats, drug possession—this individual would remain behind bars. But that assumption would be wrong.

Shockingly, law enforcement released him.

The Reality for Victims: Fear and Uncertainty

Now, this dangerous individual is back on the streets. Fortunately, he has no idea where she lives, as she has wisely kept her location secret. But can you imagine her fear, knowing that law enforcement, who are supposed to protect her, has failed her so profoundly?

This is not an isolated incident. It is part of a disturbing pattern of law enforcement failing domestic violence victims. Over the years, I have seen police, sheriffs, and even child protective services neglect their duties, allowing violent abusers—people with a documented history of violence and recently witnessed assaults that left victims bruised and injured—to walk away from the criminal justice process without facing any meaningful consequences.

The Frustration of Victims and Advocates

While I can secure a restraining order to protect my clients and their children, what good is that if law enforcement fails to enforce it? Too often, victims and survivors are left with a piece of paper from a family law judge while the abuser walks free, unpunished.

It is beyond frustrating.

What You Can Do If Law Enforcement Fails You

If you or someone you know is a victim of domestic violence and feels that law enforcement is failing them, know that you are not alone. There are legal avenues to pursue, and justice can still be sought. Don't let the system's failures silence you.