Weekends could be dangerous for some in Buncombe County

For victims of domestic violence in Buncombe County, the process for obtaining an ex parte (temporary restraining order) is surprisingly fast, and essentially just two steps: once one fills out the necessary paperwork, a judge will review all cases twice a day. Buncombe County is blessed with judges who understand the gravity of domestic violence, something many areas still lack, and those trying to flee dangerous relationships can generally rely on the courts to grant them a temporary order until the case can later be heard in civil court.

The exception to this rule is between Friday evening and Monday morning. Unlike many other counties, the option for a civil restraining order is closed to citizens of Buncombe over the weekend, regardless of circumstances. It’s not that other options don’t exist; if a domestic violence victim is in fear for his or her safety, or the safety of other family members , they may approach the magistrate’s office for a criminal warrant. However, even an arrest is rarely a deterrent for most abusers, who can be released from custody within hours and then free to return home—possibly more enraged than before. On the other hand, an ex parte can grant not only relief from an abuser’s presence, but also temporary custody of children, pets, property (such as homes and vehicles), and temporary removal of firearms or other weapons from an abuser’s possession.

It is imperative that the county put aside what might seem convenient for some, for what can best ensure security for all. Weekends can be particularly risky times for violent households because people are more likely to have the day off work-- or school, as is the case for children caught in the midst. Of approximately 80 fatal incidents involving domestic or ex-partner violence in 2008 in NC, 24 were committed on weekends (9 with firearms). Of approximately 57 fatal incidents involving domestic or ex-partner violence in 2009, 24 were committed on weekends (19 with firearms). Thus far in 2010, there have been 5 such fatal incidents, 2 occurring on weekends, and all DV murders to date this year have been committed with guns. If a magistrate has the power to issue criminal warrants, involuntary commitment orders, and other documents in the absence of a judge, why not something as crucial as an ex parte? Furthermore, Buncombe County encompasses one of only two districts in Western North Carolina where this holds true. As the largest district in Western North Carolina and so many people to serve, this is somewhat shocking.

There are numerous difficulties, both practically and psychologically speaking, for victims in pressing criminal versus civil charges against an abuser. For those who have just made the decision to leave a dangerous relationship, it is distressing enough to have to go through the courts to force their abusers out of their lives; still, most would prefer that option over the complications of involving the criminal court system as well. It must be taken into account that victims of domestic violence have had to keep secrets, fear disbelief from others, and fear retribution from their abusers to the point where they have low levels of basic trust. Even a small deterrent from the legal system, like the inability to get a restraining order on any day, can keep them from taking that first step to getting help—and two days in a row is more than enough time for a cycle of violence to escalate drastically.

The easier it is for people to leave the clutches of a violent relationship, the less likely it is for tragedy to strike and the more likely it becomes for abuse victims to start feeling empowered again. It is also a message from the community that it has zero tolerance for perpetrators of domestic violence, which is perhaps the best prevention strategy of all. With the excellent resources Buncombe County already has in place to target this problem, it simply makes sense to change policies and make that message perfectly clear to all.