[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H. Res. 382 Introduced in House (IH)]







109th CONGRESS
  1st Session
H. RES. 382

 Expressing the sense of the House of Representatives with respect to 
                 the enforcement of restraining orders.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 25, 2005

    Mrs. Capps (for herself and Mr. Nadler) submitted the following 
    resolution; which was referred to the Committee on the Judiciary

_______________________________________________________________________

                               RESOLUTION


 
 Expressing the sense of the House of Representatives with respect to 
                 the enforcement of restraining orders.

Whereas nearly one-third of American women report being physically or sexually 
        abused by a boyfriend or husband at some point in their lives;
Whereas intimate partner violence tends to be a pattern, rather than a one-time 
        occurrence;
Whereas domestic homicide is often the result of continuing abuse;
Whereas restraining orders are necessary to protect victims of violence from 
        further abuse and decrease the risk of continuing abuse or homicide;
Whereas nearly half of all victims who obtain restraining orders are abused 
        again;
Whereas restraining orders exist to protect victims of domestic violence, sexual 
        assault, stalking, and dating violence and include explicit instructions 
        that violation of such orders are cause for arrest;
Whereas law enforcement officials are directed to use every reasonable means to 
        enforce a restraining order;
Whereas the Supreme Court's recent decision in Castle Rock v. Gonzales narrowed 
        individuals' Federal court recourse against police for failing to 
        enforce a restraining order; and
Whereas this decision highlights the need to better protect victims of domestic 
        violence from violators of restraining orders: Now, therefore, be it
    Resolved, That it is the sense of the House of Representatives that 
Congress should act and encourage States to act--
            (1) to ensure that restraining orders are uniformly 
        enforced; and
            (2) to protect victims of domestic violence, sexual 
        assault, stalking, and dating violence from perpetrators.
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