Restraining Orders Following an Acquittal in Domestic Violence Cases: Securing Greater Victim Safety?

摘要

This article explores the use of post-acquittal restraining orders in domestic violence cases. It considers whether these orders, civil in nature, should be imposed by a criminal court upon a defendant who has been acquitted. The procedural and human rights concerns of both the defendant of domestic violence cases and the victim are considered and the conclusion is drawn that these restraining orders can accommodate the balance between the interests of defendant and victim. It is argued that further training of prosecutors, judges and magistrates in the use of post-acquittal restraining orders would further improve the Crown Prosecution Service's overall strategy to improve its performance in domestic violence-related cases.