Citation

Driscoll KM. Mont. Law Rev. 2014; 75: 315-335.

Copyright

(Copyright © 2014, Law School Association, Montana State University)

DOI

unavailable

PMID

unavailable

Abstract

Civil protective orders offer survivors of intimate partner violence an effective method of mitigating contact with abusive partners and decreasing violent episodes. Indefinite orders of protection provide increased security for survivors of domestic violence. Short-term protective orders, the more common type of order granted in Montana, create a number of issues. These orders may not provide sufficient time for an individual to take steps to protect themselves. Orders that expire after a limited time may just delay a violent reaction. Finally, short duration orders require frequent renewal. This essay outlines how domestic violence protective orders have progressed historically and provides a recommendation for their future use in Montana. Despite statutory provisions authorizing permanent, indefinite orders, judges rarely grant orders of a significant duration. Part I provides an over- view of domestic violence, explains the impact of intimate partner violence on society, and describes the history of the domestic violence advocacy movement. Part II assesses Montana's order of protection statute and com- pares our law to other regional and notable laws across the country. Part III examines and critiques the arguments against lifetime orders of protection, while looking at the reasons indefinite orders are rare in Montana. Lastly, the essay explores the many ways lifetime orders of protection improve the safety and wellbeing of domestic violence survivors.

Language: en