As the CEO of the Battered Women’s Justice Project (BWJP), I have witnessed firsthand the harrowing impact of domestic violence on countless lives. For decades, I have worked tirelessly to support and protect survivors, providing shelter, counseling, and advocacy services. Today, I write with deep concern regarding the U.S. Supreme Court’s pending decision in United States v. Rahimi, a case that could profoundly affect the safety and well-being of domestic violence survivors nationwide.
Over the past decade, BWJP and similar organizations have gathered extensive data from domestic violence survivors, illustrating a distressing pattern of firearm misuse. Abusers frequently use guns to exert control and instill fear, even without discharging them. Civil protective orders play a pivotal role in mitigating these threats by offering tailored solutions that address the specific needs of survivors and their children.
Civil protective orders are time-limited court directives that instruct one person to cease harming another and provide customized relief to fit the safety needs of the survivor and their children. These orders can be customized to provide provisions for living arrangements, child custody and temporary financial support, making them uniquely effective in enhancing the safety of survivors and their children. Unlike the criminal justice process, which often lacks such tailored relief, the civil protection order system empowers survivors, providing them with a critical tool to navigate their path to safety.
Research demonstrates the effectiveness of civil protective orders. One study found that half of those who obtained a protective order did not experience violations of that order. Furthermore, between 77% and 95% of survivors reported that their protective order was fairly or extremely effective. These orders result in fewer instances of children witnessing violence, reduced fear among survivors, less stress and anxiety, and more productive days with fewer restless nights.
However, obtaining a civil protective order is a daunting challenge for many survivors. Too often survivors face personal costs and systemic barriers, such as taking time off work, arranging childcare, traveling to and from court and dealing with embarrassment and fear. There is also the fear of not being believed, being blamed and potential retaliation.
Civil protective orders are not just a piece of paper but a safety tool that significantly aids survivors and their families while saving millions of dollars in potential costs that would arise if the orders were not issued. For instance, stalking studies suggest that 45% to 66% of those who engage in stalking before the order is obtained cease their behavior after the order is issued. However, 33% to 55% continue their stalking, underscoring the need for robust enforcement.
As the Supreme Court deliberates, we at BWJP urge the justices to consider the critical implications of their decision. A ruling in favor of Rahimi would endanger the lives of domestic violence survivors who rely on these protections for their safety and survival and those who seek to enforce the orders. Upholding the federal prohibition on firearm possession for domestic abusers will reaffirm the Supreme Court’s commitment to protecting survivors and maintaining the integrity of laws designed to safeguard them.
Domestic violence is a grave public safety issue that demands comprehensive legal protections. It is not enough to address this problem piecemeal; we must recognize the full scope of abuse, including the psychological terror inflicted by the presence of firearms. Reversing U.S. v. Rahimi is not just a legal obligation but a moral imperative to protect those most vulnerable to domestic violence.
As we await the Supreme Court’s decision, I implore the justices to stand with survivors and uphold the federal prohibition on firearm possession for domestic abusers. Lives depend on it.
Amy Sánchez is CEO of the Battered Women’s Justice Project, which advocates for survivors of gender-based violence through civil and criminal resources, training, and consulting.
