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Criminal Investigation

Research the law in your state or a state with which you are familiar on protective orders and identify who is covered and who is not.
 
Write a statement to a state legislator recommending improvements to the law and articulate solid arguments to support your recommendations based on best practice and victim rights and protection.
 
Consider the following questions:
 
In general, is the person identified in the order under correctional supervision? Would that change your recommendations for improving the law? 

Sample Answer

Protective Order
In the California, protective order law generally covers the domestic violence cases. The protective order enforceable up to three year; however some cases it may be for the permanent basis. The protective law assists in the safeguarding of the person along with their family in which they live or closely related to them (Matsuda, 2018).

Family code section 6320, states about the basis for the protective orders. In the case of sexual harassment, hammering, arresting, bullying, nuisance and many other cases, the court may issue the order for protection of community.  The persons who suffered from the domestic violence have many civil and criminal defenses, by which they can protect themselves from the further violence. However, it is not essential that by these orders, the abuser would stop doing offence, although it may give the options to the victims to call for police and detained the abuser. There are sometimes of protective orders, which can be issued by the court such as emergency protection order, protection order and restrictive order (De Stefano, 2015).

In the emergency protection order, if the police face the situation of the domestic violence then they may order to any one of party to leave the home, generally to the abuser. However, sometime there may be chances that the police may order the wrong person for leaving the house. The emergency protection order is normally for the three or seven days, but the victim may request for the extension of the time period.

The protection orders is generally for the three to five years, however in some cases it may be for the life time. In the protection order, the court may order for restricting the abuser from the messaging, calling and communicating with the victim. Along with this, there are several provisions such as stay away, counseling provision, and move out provision and so on, which can be ordered by the court under protection order.

Under the restraining order, the court may order to restrain the parties for something to do or not. However the party may take the permission of the ex parte order, in which they can do something without showing to another party (Wintemute, Frattaroli, Claire, Vittes & Webster, 2014).

The government has made the various rules and regulations regarding the protection of the people. However, it is recommended that the government should also start the various programs and event by which the people can get to know about their rights.

References
De Stefano, V. (2015). The rise of the just-in-time workforce: On-demand work, crowdwork, and labor protection in the gig-economy. Comp. Lab. L. & Pol'y J., 37, 471.

Matsuda, M. J. (2018). Public response to racist speech: Considering the victim’s story. In Words that wound (pp. 17-51). Routledge.

Wintemute, G. J., Frattaroli, S., Claire, B. E., Vittes, K. A., & Webster, D. W. (2014). Identifying armed respondents to domestic violence restraining orders and recovering their firearms: Process evaluation of an initiative in California. American journal of public health, 104(2), e113-e118.

 

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