Skip to content

< Return to the ACE! website

ace logo - w schar 9

Practice Guidelines for Community Supervision

Search Appropriateness Statement Package

Popular Queries: rolesupervisionclient outcomeskioskproject

Introduction

  • Introduction
  • How to Use This Guide to Benefit Your Agency
  • Section I: How to Use the Appropriateness Statements to Develop Practice Guidelines
  • Appropriateness Statement Outline
  • Section II: Implementing Practice Guidelines
  • Section III: Building the Working Alliance
  • Section IV: Appropriateness Statements

Contacts

  • Contacts
  • Contacts: Implementation Considerations
  • Types of Contacts
  • Frequency of Contact

Compliance-Based Practices

  • Compliance-Based Practices
  • Overall Compliance-Based Practice Implementation Considerations
  • Collateral and Employer Contacts
  • Drug Testing
  • Electronic Monitoring
  • Financial Restrictions
  • House Arrest
  • Phone-Based Monitoring
  • Restraining Orders

Treatments

  • Treatments
  • Treatment Implementation Considerations
  • Anger Management
  • In-Patient & Out-Patient Treatment
  • Mental Health Screening and Evaluation
  • Substance Use Screening and Evaluation
  • Alcohol and Drug Use Education
  • Cognitive Behavioral Techniques

Motivation Techniques

  • Motivation Techniques
  • Motivational Techniques Implementation Considerations
  • Incentives
  • Prosocial Modeling
  • Sanctions

Additional Components

  • Additional Components
  • Additional Components Implementation Considerations
  • Environmental Restructuring
  • Transportation Resources

Additional Resources

  • Additional Resources
  • Additional Information on Practices
  • References

Glossary

  • Glossary
  • ACE!
  • Appropriateness Statement Package
  • Compliance-Based Practices

Restraining Orders

Restraining Orders – The evidence is inconclusive

Summary of the Evidence

  • The evidence on restraining orders on recidivism is inconclusive.
  • Often restraining orders are issued in response to an abusive intimate relationship but can be issued for other domestic relationships as well (e.g., family members).
  • The empirical evidence refers to the use of restraining orders used in domestic abuse circumstances. Less is known about no-contact orders used in supervision.

 

What Are Restraining Orders?

  • Restraining orders are a form of legal protection that prohibits abusers from having contact (physical or communication) with victims. They can come in the form of temporary restraining orders (TROs) or permanent restraining orders (PROs).
    • TROs are protective orders that last for short periods (weeks/months).
    • PROs are protective orders that last for more extended periods (years).
  • The total length of time a restraining order can last depends on local and state laws.
  • Victims of domestic abuse can file for restraining orders against their abusers without having to wait for the traditional criminal justice processes to occur.
  • No-contact orders have the same effect as a restraining order, but they are issued by the courts or by supervision departments rather than being requested by victims.

How Are They Used?

  • A no-contact order with victims is often issued as a standard supervision condition.
    • Officers often have no say in this process.
  • Restraining orders, which are processed more quickly and with lower standards of proof than criminal prosecutions, are cost-effective legal actions available to victims.
  • The purpose of restraining orders is to provide immediate relief and protection for abuse victims.
  • Restraining orders may include the following restrictions:
    • physical contact
    • telephone contact
    • distance maintained from victim’s residence or place of employment
    • the type, frequency, and duration of any contact that is allowed
  • Restraining orders may also include conditions of mental health counseling or substance abuse assessment/treatment.

How Can They Be Used to Monitor Compliance?

  • Restraining orders are surveillance tools by nature.
  • Officers can use GPS technology (See electronic monitoring and phone-based monitoring statements) to ensure compliance with the conditions of the restraining order.
  • If GPS technology is not used, the officer can use collateral contacts and relationships with the client to ensure compliance with the restraining order.

How Can They Be Used as a Supervision Tool?

  • Restraining orders are not treatment tools.
  • The use of restraining orders does little to enhance the treatment goals of supervision.
  • Restraining orders can limit contact with an unhealthy relationship, helping create an environment conducive to success.

What Are the Costs of Restraining Orders?

  • There are no costs associated with restraining orders.

What Do Supervision Staff Think?

  • Supervision staff report that restraining orders are
    • sometimes appropriate for all low-risk clients and
    • sometimes appropriate for all medium- to high-risk clients except for those in an intimate partner violence special population, for whom it is always appropriate.

 

Compliance Level

  • Supervision staff report that physical sanctions like restraining orders are
    • sometimes appropriate for low-risk clients that are in low or moderate compliance with their supervision conditions,
    • never appropriate for low-risk clients that are in high compliance with their supervision conditions,
    • always appropriate for medium- to high-risk clients that are in low compliance with their supervision conditions, and
    • sometimes appropriate for medium- to high-risk clients that are in medium or high compliance with their supervision conditions.

What Should You Expect When Using Restraining Orders?

Client Outcomes

  • There is mixed support for the effect of restraining orders on recidivism.
  • Most of the evaluations of restraining orders focus on women who obtain orders against abusive domestic partners.
  • Assessment of the effectiveness of restraining orders depends on the follow-up period used in evaluation.
    • Studies with shorter follow-up periods (under six months) report stronger effects.
  • There is some evidence that PROs are more effective than TROs in reducing abuse.
  • Other evidence shows differing results for TROs and PROs.
    • TROs are more effective at preventing psychological abuse.
    • PROs are more effective at preventing physical abuse.

 

Are Restraining Orders Evidence-Based Practices?

  • No, restraining orders are not evidence-based practices.

 

What Do People Formerly Involved in the Criminal Legal System Think About Restraining Orders?

  • People with lived experience in the criminal legal system (the “criminal justice” or “legal” system is referred to as the criminal legal system in this document) report that restraining orders are
    • never appropriate for all low-risk clients and
    • sometimes appropriate for all medium- to high-risk clients.

 

Communication That Strengthens the Officer-Client Relationship (Messaging)

  • Officers should make sure that clients fully understand the conditions of any restraining or no-contact orders.
  • Officers should walk through troublesome scenarios (e.g., victim contacting client) and options for handling the situation.
  • Officers should communicate the consequences of breaking a restraining order.
  • Officers should communicate their obligation to protect victims so that they do not jeopardize their position as a change agent for the client.
    • This can be done by avoiding overly authoritarian communication and reassuring client that the officer is working to help them.

Special Considerations When Using Restraining Orders With Subpopulations

Gang-Involved

None

General Violence

None

Intimate Partner Violence

Restraining orders can potentially illicit negative responses from clients. Clients may be angered by the order and seek revenge or break the order in an attempt to reconcile with the victim. Victims can also seek contact with the client despite the order being in place.

Serious Mental Illness

None

Substance Use Disorder

None

 

Similar Topics

Overall Compliance-Based Practice Implementation Considerations

Collateral and Employer Contacts

Drug Testing

How do you feel about this topic?
Phone-Based Monitoring

Questions?

Use the form below to contact the team behind the Appropriateness Statement Package.

Invalid Email
Message failed. Please try again.

Thanks for your message! We’ll be in touch soon.

Connect with ACE!

And while we have your attention, this is a reminder to 1. carry naloxone, 2. don't keep it in your car bc that can expose it to extreme temperatures, and 3. support your local harm reduction orgs FDA approves over-the-counter Narcan. Here's what it means https://t.co/2zRV0BPp8J
  @Center for Advancing Correctional Excellence (ACE)

- 1 day ago

Follow ACE! on Twitter

Like ACE! on Facebook

Follow ACE! on LinkedIn

Subscribe to get emails from ACE! about important news and updates
!
!
Subscribe!
Something went wrong. Please check your entries and try again.

E-mail: ace@gmu.edu

Phone: 703-993-4832

Fax: 703-993-6020

Search GMUACE.org:

GMU-Primary-Logo-FromBluetext-White

The Center for Advancing Correctional Excellence! (ACE!)
4400 University Drive
MSN 6D3
Fairfax, VA 22030

Contribute to ACE! Research

© 2020 The Center for Advancing Correctional Excellence! (ACE!). All Rights Reserved.

Scroll To Top