what are my rights? teen dating violence and the law bronwyn blake, j.d. founder and senior...

What Are My Rights? Teen Dating Violence

and the Law

Bronwyn Blake, J.D.Founder and Senior Attorney: Teen Justice Initiative

Texas Advocacy Project

Texas Advocacy Project:Teen Justice Initiative

www.ortrallafoundation.org20/20: Violence and Dating: 4/1/05

http://abcnewsstore.go.com/

Ortralla Mosley

Domestic Violence → Dating Violence

Jennifer Lopez in Enough Julia Roberts in Sleeping with the Enemy

Domestic Violence → Dating Violence

Rhianna Carrie Underwood in Before He Cheats

Domestic Violence → Dating Violence

One-third of teens report experiencing some kind of abuse in their romantic relationships, including verbal and emotional abuse.Carolyn Tucker Halpern, Ph.D. et al., "Partner Violence among Adolescents in Opposite-Sex Romantic Relationships: Findings from the National Longitudinal Study of Adolescent Health." American Journal of Public Health 91 (2001) 1680.

Females ages 16-24 are more vulnerable to intimate partner violence than any other age group – at a rate almost triple the national average. U.S. Department of Justice, Bureau of Justice Statistics, Special Report: Intimate Partner Violence and Age of Victim, 1993-99 (Oct. 2001, rev. 11/28/01).

Legal services are the only service that correlates with a decrease in domestic abuse. Farmer & J. Tiefenthaler, Explaining the Recent Decline in Domestic Violence, CONTEMPORARY ECONOMIC POLICY, vol. 21, pp158-172 (April 2003).

For instance, Protective Orders are as much as 80% effective in preventing future violence. Holt, Victoria L., Kernic , Mary A., Lumley , Thomas, Wolf , Marsha E., and Rivara , Frederick P., Civil Protection Orders and Risk of Subsequent Police-Reported Violence, JOURNAL OF THE AMERICAN MEDICAL ASSOCIATION, V. 288 (5), August 7, 2002, 589-594.

Overview: Teen Legal Options

1. Legal Services Overview

2. Criminal Options

3. Civil Options

4. School Options

5. Resources

1. Legal Services Overview

Working with Teens: Safety First Build trust Ask specific questions Act fast Extra help with decision making Be flexible

 mcgruffstore.com

http://www.abanet.org/unmet/teenabuseguide.pdf

1. Legal Services Overview (continued)

Preliminary Legal Issues: Minor parties? Legal definitions includes dating? Mandatory reporting?

Cunningham, Karen and Catherine F. Klein, Esq. “Teen Dating Violence,” The Impact of Domestic Violence on Your Legal Practice (2nd Edition). The American Bar Association Commission on Domestic Violence.

2. Criminal Options

Make a statement File charges:

Assault Stalking Sexual Assault

Emergency Orders Victim Compensation

3. Civil Options

Civil Domestic Violence Protection Orders

Civil court orders that a victim can request from the court to get protection from an abuser.

The protection order can order an abuser to: stop harming the victim, stop having contact with the victim, or stop contacting the victim at work, school,

or at the victim’s children’s school or daycare.

3. Civil Options (continued)

Problems with Teen Access: Definitions: Dating? Stalking? Can a minor file? Filing fees? How long do they last?

“Dating Violence: Can Teens Access Protection Orders?” Cheryl Green and Lara Murray Mohlhenrich, National Center for Victims of Crime, 2005.

3. Civil Options (continued)

Do I qualify? Type of relationship Type of Abuse Age

How do I get a Protection Order? What can I ask For? How much will it Cost?

BreaktheCycle.org

3. Civil Options (continued)

Case studies:

California VirginiaTexas

3. Civil Options (continued)

3. Civil Options (continued)

3. Civil Options (continued)

4. School Options

School Policies Regarding Dating Violence: Definitions Developing a Response Prevention and Training Interventions in the Schools Safety Planning Record Keeping

4. School Options (continued)

Case Studies: Massachusetts New York Texas Rhode Island California Nebraska

HealthyTeenDating.org TexasAdvocacyProject.org

4. School Options (continued)

4. School Options (continued)

Sexual Harassment Hostile Hallways

Eight in 10 students (81 percent) experience some form of sexual harassment during their school lives

Girls are more likely than boys to experience sexual harassment ever (83 percent vs. 79 percent)

Title IXAAUW.org

5. Resources General National Info:

Break the Cycle’s TheSafeSpace.org CDC’s ChooseRespect.org Liz Claiborne’s LoveIsNotAbuse.org

“I saw Dave yelling at Megan in the hall so I asked him to stop”

5. Resources Victim Assistance:

National Teen Dating Abuse Helpline

LoveIsRepect.org

1-866-331-9474 1-866-331-8453 TTY

Presenter Information:

Bronwyn Blake

Founder and Senior Attorney, Teen Justice Initiative

Texas Advocacy Project

(512) 225-9579 office

(512) 476-5773 fax

bblake@TexasAdvocacyProject.org

PO Box 833

Austin, Texas 78767

www.TexasAdvocacyProject.org

Texas Dating/Family Violence Legal Line 1-800-374-SAFE