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How do protection orders work and why they sometimes fall short of helping victims

Following the deaths of two Arkansans earlier this year, we take a closer look at how the courts step in to help keep victims safe and how that can fall short.

LITTLE ROCK, Ark — Domestic violence can often be challenging to experience and difficult to overcome. It can also be hard to discuss, but it's a conversation many Arkansans may need.

A study by the National Coalition Against Domestic Violence shows that 40% of Arkansas women and nearly 35% of Arkansas men experience domestic abuse or stalking in their lifetimes.

Back in June, 49-year-old Ricardo Sykes was allegedly shot and killed by his wife in a domestic dispute.

In August, Cassandra Pena Romero, a Little Rock emergency dispatcher, was also allegedly shot and killed by her estranged husband. Police believe this was an isolated domestic dispute.

In Ricardo Sykes' case, the family shared with us in June that they believed he was a victim for years.

"That was the hard part, watching him go back every time," Ricardo Sykes' daughter Mariska Sykes said. "Everybody pleaded with him, 'Please don't go back. Please don't go.'"

Mariska Sykes said her father had many court dates and even sought out a restraining order.

In Cassandra Pena Romero's case, we learned she also sought legal protection from her estranged husband through court documents.

Omar Pena Romero was initially charged with first-degree domestic battery, violating a no-contact order and unauthorized use of another person's property to facilitate a crime.

However, those charges were upgraded to capital murder when Cassandra Pena died.

In these two cases, we're told by family or court records that both Cassandra Pena and Ricardo Sykes sought legal protection from alleged abusers but still lost their lives.

And they're not alone.

In our state, there are typically three types of protection orders used to help victims of domestic abuse: no-contact orders, orders of protection and restraining orders.

Although these orders certainly help victims stay safe, we're told by some victims that they're not perfect and can sometimes fall short.

Jajuan Archer is the founder of Women's Own Worth and is a domestic violence survivor.

"He would mentally torment me in different ways," Archer said. "But he never physically abused me until there was a gun to my head."

Following Archer's experience, she formed the organization to help other women get out and move forward.

Archer shared that her situation was so dire she sought out an order of protection from her abuser.

"This guy didn't fear the police," Archer said. "I knew if he hadn't ended his life, he was coming back for mine."

Archer said she went to the police immediately after having a gun to her head, but was told to "come back to the police station and that we would do an order of protection."

She never got the chance actually to begin her paperwork.

"He came back with a gun again," Archer said.

This is a reality some domestic violence victims tell us they often face. Sometimes, there is too much time from when they report what happened to when the courts grant an order.

Victims also shared that even if a protection order is granted, sometimes it doesn't stop the violence.

"Had I gotten the piece of paper, it's still a piece of paper," Archer said. "They had a BOLO out; a be on the lookout for this guy. I can either go into hiding, fight, or freeze."

Despite not being able to apply for an order before her abuser returned, Archer is using her experiences to encourage victims to take that first step.

"An order of protection is just a piece of paper," Archer said. "But that piece of paper can help you if you ever need to defend yourself or if you're in a court situation and it's documented."

Pulaski County Prosecuting Attorney Will Jones said the protection order process is not foolproof, and solutions to better the system are complex to come up with.

"What we usually do is try to get this order in place... it gives you some sort of protection from this person," Jones said. "It doesn't mean the person needs to be arrested. It may be that the order is enough to stop the situation."

Jones said that since each circumstance is unique, finding an improvement that would positively impact all victims is difficult.

"We had a trial this year where someone had an order of protection," Jones said. "The person broke into their house and was waiving the order of protection around, but they were able to call the police and get them there quicker."

It was a success for the protection order process, but Jones said it didn't come without cost.

"She still ended up getting stabbed," Jones said. "That was about a couple of years ago, but we got justice for her, which was a big part of the trial."

While the orders are not perfect, Jones added that these orders are vital to helping with arrest and prosecution.

But how can the overall protection order process be improved?

We talked about potential solutions, like routine checks on domestic violence victims.

Archer, who experienced domestic violence firsthand hand, explained why an officer doing it at the wrong time could be a problem for a victim.

"You're preparing to leave," Archer said. "It might be a week from then that you're prepared to leave because it has to be that survivor's decision to leave, and a police officer comes back and knocks on the door. Not a good thing."

We also asked about routine surveillance of people with a history of complaints and orders filed against them.

Jones said surveillance may not be the answer, but re-examining bonds for repeat violators is a potential solution.

"I think the courts would take that into account in assessing someone's bond," Jones said. "It is a way we can keep them in jail away from the person, so if there's a violation of an order and they commit that same act again within five years, then it becomes a felony. A felony is a whole different deal."

Jones and Archer agree that because each situation is unique, there's no blanket improvement to the system. So, for now, they say personal preparation is critical.

"Have a plan in place and keep that [plan and order] with you at all times," Jones said. "Keep a copy at your home, maybe your work, in your car. Just be ready and be vigilant and call the police immediately."

Archer said it's important to stand up for yourself.

"You fight," Archer said. "Your life is worth just as much as the person trying to take it."

If you or someone you know is experiencing domestic violence, you can find additional resources and legal advice here or call the National Domestic Violence Hotline at 800-799-7233.

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