Dating Violence: Understanding Domestic Violence Laws and Creating Effective Response Strategies

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Dating Violence Understanding Domestic Violence
Laws and Creating Effective Response Strategies

• Presented by
• Crisanne Hazen
• Legal Advocates for Children Youth

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Objectives

• Provide an understanding of how frequently teens
  are affected by unhealthy relationships.
• Assist you to be able to identify when a patient
  has a legal issue related to domestic violence
  that may require further attention.
• Provide an outline of the important legal issues
  facing teen victims of domestic violence
  including restraining orders, custody,
  visitation, and paternity.
• Provide effective response strategies for teen
  victims of dating violence.

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My disclaimers

• I CANNOT give you legal advice.
• I CANNOT tell you how to interpret your mandated
  reporter duties.
• Please see your County Counsel for specific
  questions regarding specific patients and
  situations.

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LACYs Mission

• LACY advances the legal rights of minors in Santa
  Clara County, empowering them to lead healthy and
  productive lives. We listen, advise, and
  advocate for our clients to ensure their voices
  are heard and their rights are protected.
• Encourage youth to make their own informed
  decisions about their case.

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LACY Services

• Safe Families Project
• Guardianship Project
• Educational Empowerment Project
• Representation in Abuse and Neglect Proceedings
• Medical-Legal Partnership Clinic
• Foster Youth Transition Assistance
• Homeless and Runaway Youth
• Information and Referrals

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Medical-Legal Partnership Clinic

• Started in January 2009, the MLPC partners
  VMC-Pediatrics with LACY.
• Goal is to improve medical outcomes by treating
  the root cause of illness (sometimes an
  underlying legal issue).
• Office hours held on-site on Wednesday afternoons
  from 130-430 p.m.
• We accept fax referrals and self-referrals.

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Domestic Violence and Teen Parents

• Nearly half of teen girls who have been in a
  relationship (48) say they have been victims of
  verbal, physical, or sexual abuse by their
  boyfriends. (Liz Claiborne Inc. study on teen
  dating abuse conducted by Teenage Research
  Unlimited, February 2008.)
• Among all teens age 15-18, one in ten (10)
  indicate they have been physically abused by an
  angry partner (kicked, punched, choked, slapped,
  or hit). (Liz Claiborne Inc. study on teen dating
  abuse conducted by Teenage Research Unlimited,
  February 2008.)
• 24 of teens in a relationship said their
  boyfriends/girlfriends called them stupid,
  worthless, and ugly compared to 45 of teens who
  had sex by age 14. (Liz Claiborne Inc. study on
  teen dating abuse conducted by Teenage Research
  Unlimited, February 2008.)
• More than one in three teens report that their
  partners wanted to know where they were (36) and
  who they were with (37) all the time. (Liz
  Claiborne Inc. study on teen dating abuse
  conducted by Teenage Research Unlimited, February
  2008.)
• Statistics are approximately twice as high for
  girls who have had sex by age 14.

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Teen Unintended Pregnancy

• 1 in 5 female high school students reports being
  physically and/or sexually abused by a dating
  partner. Abused girls are significantly more
  likely to get involved in other risky behaviors.
  They are 4 to 6 times more likely to get pregnant
  and 8 to 9 times more likely to have tried to
  commit suicide. (Silverman, Jay G., Raj, Anita,
  and Clements, Karen. Dating Violence Against
  Adolescent Girls and Associated Substance Use,
  Unhealthy Weight Control, Sexual Risk Behavior,
  Pregnancy, and Suicidality. Pediatrics, August
  2004.)
• 25 of teens with histories of abusive
  relationships said that their partners had
  actively tried to get them pregnant with
  manipulation of birth control and stating their
  desire for them to become pregnant.
  (http//www.ucdmc.ucdavis.edu/welcome/features/200
  71010_teen_boyfriends/)

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TDVLegal Issues

• Domestic Violence
• Paternity
• Custody/visitation
• Child support
• Statutory rape
• Education

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Restraining Orders

• Emergency Protective Order
• Civil Harassment Restraining Order
• Criminal/Juvenile Restraining Order
• Domestic Violence Restraining Order

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Civil Harassment Restraining Orders

• Appropriate when there is not a relationship
  between the parties thats defined in the DVPA.
• Higher burden of proof (i.e., harder to get).
• Timelines similar to DVRO.

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Criminal/Juvenile Restraining Orders

• Issued by the criminal or juvenile court.
• Victim does not decide whether restraining order
  is issued.
• In effect only so long as the criminal case is in
  effect.
• Takes precedence over other restraining orders if
  there are conflicting orders.

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Emergency Protective Orders

• Issued by law enforcement at time of incident and
  approved by on-call judge.
• Sometimes victim needs to ask!
• Law enforcement may be reluctant if victim is a
  teen.
• Good for approximately 5-7 days.
• Gives victim opportunity to get another
  restraining order.

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DVROBefore the Hearing

• Who can apply?
• Relationship between perpetrator and victim
• Age
• How long does it take?
• Temporary order
• Permanent order
• Limitations of the restraining order

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DVROAt the hearing

• Who needs to be there
• Proof of service
• Standard of proof
• Length of order
• Types of court orders judge can make

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DVROAfter the hearing

• Violation of order
• Protected person stops enforcing
• Protected person changes their mind
• Renewal

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Paternity Whos Your Daddy?

• Paternity is legally complicated.
• Also established in child support proceedings.
• Paternity can often be set aside or decided by
  default.

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Custody/Visitation

• Physical Custody who is caring for the child.
• Legal Custody who can make important decisions
  in the childs life (i.e. education and medical).
• Mothers do not have more rights than fathers.
• No paternity no rights to custody.
• Best interest test.
• Can be shared.

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Visitation

• Usually decided as part of custody.
• Best interest test.
• Supervised or unsupervised.
• Should comport with childs developmental stages.
• Failure to comply could result in contempt, but
  more likely result is less visitation.
• Unrelated to child support.

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Child Support

• Often happens automatically when a teen parent
  applies for aid.
• Based on standard formulas, accounts for income
  of both parents.
• If non-custodial parent a minor, not usually
  expected to pay until school completion.
• Failure to comply results in back pay,
  garnishment, contempt.
• Grandparents do not have a duty to support.

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Statutory Rape

• Common concern that prevents many teen parents
  from accessing services.
• Any person who has sexual intercourse with a
  person under 18, has committed unlawful sexual
  intercourse.
• Harsher penalties when
• 1. There is more than a 3-year age difference
• 2. One person is over 21 and the other is under
  16.
• 3. One person is under 14.

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Barriers to accessing courts

• Age
• Forms
• Fees/Fee Waivers
• Proofs of service
• Formality of court room
• Deadlines
• Language/vocabulary
• Lines

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Domestic Violence Response Strategies

• Holistic approach
• Legal assistance restraining orders -
  preparing the paperwork and representing teens in
  court.
• Social Services Safety Planning
• Resource Referrals

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Contact Information

• Crisanne Hazen, Senior Attorney
• Legal Advocates for Children Youth
• 152 N. Third Street, Third Floor
• San Jose, CA 95112
• [phone]
• Fax [phone].
• How to refer to the MLPC
• Fill out referral form and fax to LACY.
• In addition, have parent sign HIPAA Release of
  Information form and fax to LACY at 288-8850.
• Include on HIPAA form provide records and
  discuss.
• Have family come to drop-in hours on Wednesday
  from 130-430 p.m.
• VHC Bascom Pediatric Clinic, 750 S. Bascom Ave.,
  Suite 230.
• Have family call LACY directly at 280-2416.