Both sides have an opportunity at that hearing to present their sides, but lawyers say that by then the spouse who won the previous orders has an advantage. While some lawyers say the wide-ranging authority of the TPO commissioner is legally questionable and has great potential for abuse, it generally works because of Fields' fairness. In recent years, laws on domestic violence have been tightened, consciousness of the community raised and enforcement heightened. Now there often are convictions where previously judges would merely chastise those arrested for domestic violence and then dismiss the charges if there were no similar incidents for a few months. There also is a stalking law for those who persist in confrontations despite TPOs.
Repeat offenses can escalate the charges to a felony.
There also are far-reaching problems for those who just get caught up in the system. Sometimes people are charged with domestic violence after minor or mutual altercations and simply accept a misdemeanor conviction. The consequence is that those convicted no longer can purchase guns under a new federal law. A proposed federal law would restrict freedom of movement for domestic batterers. As in other areas with Family Court, those handling TPOS face increased caseloads and lack of staff.