Samenvatting

In 2009 the Dutch temporary restraining order Act came into being. The order is a much used instrument in the fight against domestic violence. However, it’s effectivity has yet to be proven beyond doubt. There are signs the order can be effective, but it is unknown what influences this effect: which choices in its implementation, which characteristics of violence and those involved, which characteristics of the care that is provided.
This article claims that the temporary restraining order can be more effective if we collect more data on what it is that makes it effective, and use this data to mirror the order against other instruments that are available in the fight against domestic violence. In that way, we can choose the instrument that best suits the situation, instead of picking the temporary restraining order simply because it is most readily available. This means the following is necessary: 1) more knowledge about the types of situations in which the order can be most effective; 2) more knowledge about the effects of choices that are being made in the implementation of the instrument; 3) an overview of all available instruments for intervening in situations of serious and immediate threat of domestic violence and the effects that can be reached with those instruments; and 4) a better use of available knowledge about the effects of care and assistance to victims and perpetrators of domestic violence to improve the trajectories that accompany temporary restraining orders. This will enable a more balanced choice between these orders and other interventions and will improve the effects of the orders and the care and assistance that accompanies them.