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Sun, Aug 13, 2000 - Page 3 News List

Restraining orders can't ensure safety

The murder of 39-year-old Wang Te-hsiao by her abusive husband early this month has posed questions about the efficacy of restraining orders issued by judges. The `Taipei Times' today continues its report on the advantages and disadvantages of the legal instrument in preventing crime, which has been in use in Taiwan for just over a year

By Jou Ying-cheng  /  STAFF REPORTER

Similarly inadequate is research on the effects of restraining orders, Huang said.

But he said that research conducted on the way the legislation has worked in its first year indicated that judges are still too hesitant in approving petitions for restraining orders -- and, when they do so, tend to hand down relatively light rulings against the offenders.

A report published by the Judicial Reform Foundation (民間司法改革基金會) in June also argues that many judges fail to recognize the seriousness of domestic violence cases and as a result, victims receive insufficient protection.

"It is risky to cite Wang's case as conclusive evidence that because restraining orders irritate offenders, judges should be more discreet when considering a petition," said Yu Mei-nu (尤美女), an attorney and activist for the rights of domestic violence victims.

"We must note that the major problem now is that judges are hesitant, rather than confident in issuing such orders. So the result is that victims are not getting the protection they need."

"However, the Wang case has taught the public a lesson: Domestic violence is by no means a simple matter. Our understanding of it is still far from comprehensive, and it cannot be solved just by the use of restraining orders alone," said Ting. "There is still a long way to go."

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