A Restraining Order: To Apply or Not to Apply
A restraining order is a legal document that prohibits an individual from contacting, harassing, or threatening someone. When a person applies for a restraining order against a stalker or an abusive partner, they must reveal their home address to allow the court to enforce the order. While a restraining order aims at relieving the victim’s life, the need to report one’s address makes many individuals doubt whether to apply for it.
The requirement to provide one’s home address is a critical component in protecting the victim from further harm. However, this condition may also present several problems for the person seeking protection. Firstly, revealing one’s home address can place the victim at risk of retaliation from the abuser. The offender may use this information to locate and harm the victim, defeating the purpose of the restraining order. Additionally, if the victim has relocated to escape the abuse or stalking, the offender may use the address to find them and continue the abuse. Another concern is that the victim may not feel safe in revealing their home address. For instance, if they are in hiding, they may fear that the offender will find out where they are and put them in further danger. In such cases, the victim may not feel comfortable filing for a restraining order even though they are in need of protection.
From the rational choice theory perspective, the behavior of the offender in these cases can be seen as irrational. The abuser is choosing to engage in harmful behavior towards the victim, even though it is illegal and could result in serious consequences (Augustyn et al. 681). However, it is also important to consider that some individuals who engage in abusive or stalking behavior may have mental health issues or a history of trauma, which impacts their ability to make rational choices.
In conclusion, while the requirement to provide one’s home address is critical for the court to enforce a restraining order, it may also pose several problems for the victim. The choice to file for a restraining order is a personal one and must be made based on the individual’s unique circumstances. Regardless of the choice, it is crucial for victims to have access to resources and support, which will help them escape abusive or dangerous situations.
Work Cited
Augustyn, Megan Bears, et al. “Intimate Partner Stalking among College Students: Examining Situational Contexts Related to Police Notification.” Journal of Family Violence, vol. 35, 2020, pp. 679–691.