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40 B.C. L. Rev. 937 (1998-1999)
Domestic Violence No-Contact Orders and the Autonomy Rights of Victims

handle is hein.journals/bclr40 and id is 949 raw text is: DOMESTIC VIOLENCE NO-CONTACT ORDERS AND THE AUTONOMY RIGHTS OF VICTIMS She sat in the first row, her children by her side. She was easy to pick out of the crowded courtroom. In part, because the regulars-the probation officers, the interpreters, the victims' advocates, the daily courtroom watchers-of the Rhode Island Superior Court are easily recognizable. Also, although she wasn't keeping an eye out for her lawyer-she didn't have a lawyer-she nervously watched everything and everyone, sure that someone would ask her to leave. She wore her best outfit and kept the kids quiet and still, showing proper respect. When her name was read there was the moment of hesitation seen time and again in the courtroom. Should she stand up? Go through the gate, into the inner sanctum where the judge sat? As she half-stood, looking for a signal from someone-a uniform, a suit, a robe-who knew what she was supposed to do, she heard the judge ask the prosecutor for a recommendation. Without looking up, the prosecutor indicated that the Attorney General's office would recommend denial. She didn't know the woman speaking, had never met her. Before she had managed to straighten her skirt, the judge an- nounced, Motion dismissed, and turned to the next file. She looked around the room for a clue, for someone to tell her what had just happened. The sheriff approached her, knowing, as the regulars did, why she was there. He explained that her application to withdraw the no-contact order issued against her husband had been denied. Maybe you should try again in three months? But I didn't get to talk, I didn't get to tell them.., who is she to decide... they never asked me why. Scenes such as this can be witnessed several times a week in many courtrooms of the United States. In Rhode Island, the state decided what was best for this woman and her family without giving her an opportunity to be heard. Rhode Island is not alone in this approach; many other states, in the wake of growing public awareness, have developed similar statutes and policies to prosecute domestic violence offenses. It has taken more than twenty years to criminalize conduct that the criminal justice system has traditionally treated as an untouch- able, private family matter. Today, strong anti-domestic violence laws and policies are in place and functioning, albeit to varying degrees, throughout the country. These laws are primarily intended to protect

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