Courts: Can They Do Better?

Yes. They must.

In an ideal world, the justice system works exactly as intended: fair, consistent, and protective. In the real world, however, courts are run by humans, within systems that are often overburdened, under-resourced, and slow to adapt. Nowhere are the consequences of these failures more severe than in cases involving domestic violence.

🛑 When people’s safety and lives are at stake, courts have very little margin for error. The justice system is meant to be one of the strongest safeguards for our communities. Given the sheer volume of domestic violence cases that move through courtrooms every day, courts should be deeply informed about the dynamics, risks, and escalation patterns of abuse.

Too often, they are not.

📚 Many survivors describe the court system as confusing, intimidating, and inconsistent. As Dawn Berry, J.D., writes in The Domestic Violence Sourcebook, “many women find the court system difficult and the procedure for getting a protective order intimidating.”
You can learn more about this foundational text by clicking HERE

For survivors already navigating fear, trauma, and danger, the legal process itself can become another obstacle to safety rather than a path toward it.

📰 We have all heard the stories. Restraining orders ignored. Bail granted to clearly violent offenders. Victims left unprotected. Too often, these stories are not abstract. They make the nightly news.

On October 10, 2025, WJAR News reported on a case in Newport, Rhode Island, in which Preston Schuster, a 21 year old man accused of brutally attacking his girlfriend was granted bail at his arraignment. Newport police found the victim unconscious, with severe injuries. Her family reported she was on life support. According to officers, the accused admitted to assaulting her.
WJAR news link coverage can be found HERE

❓ How does this happen?
How can courts justify releasing an admitted violent offender when both the victim and the public remain at serious risk? If someone in this situation is not held without bail, who will be? How many violent individuals are currently walking free despite clear warning signs? How many restraining orders are violated with no meaningful consequences?

And perhaps most critically: how many survivors truly believe the courts are capable of protecting them?

📊 Based on survivor accounts, academic research, and long-standing critiques within domestic violence literature, the answer is deeply concerning. Many textbooks and policy analyses conclude that courts are inconsistent and inadequate in their handling of domestic violence cases. Nearly every survivor we have spoken with has experienced serious gaps in court-ordered protection.

After hearing about and reviewing cases like the Preston Schuster case, one thing becomes painfully clear: the system, as it currently operates, is not doing enough.

Attainable Solutions

Change is possible. Courts do not need to start from scratch. Effective tools already exist.

⚖️ Expand Dangerousness Hearings
Massachusetts General Law Chapter 276, Section 58A allows judges to deny bail to defendants deemed a danger to the community. This statute should be expanded and replicated nationwide for violent domestic abuse cases.
Learn more about Massachusetts 58A HERE

📍 Enforce restraining orders with technology
GPS monitoring for high-risk offenders can provide real-time accountability and early warnings for victims, turning restraining orders from symbolic paperwork into enforceable protection.

📖 Educate every courtroom professional
Judges, clerks, prosecutors, and court staff should be required to understand the realities of domestic violence. Rachel Louise Snyder’s book, No Visible Bruises offers an essential, evidence-based examination of how policy failures put victims at risk and how informed decisions can save lives.
More about No Visible Bruises HERE

⚠️ Courts hold immense power. With that power comes responsibility. Survivors are not asking for perfection. They are asking for consistency, accountability, and safety.

The courts can do better.
The question is whether they will.