Presentation on theme: "What Are My Rights? Teen Dating Violence and the Law"— Presentation transcript:
1 What Are My Rights? Teen Dating Violence and the Law Bronwyn Blake, J.D.Founder and Senior Attorney: Teen Justice InitiativeTexas Advocacy Project
2 Texas Advocacy Project: Teen Justice Initiative Ortralla MosleyLaw school, Trella, Break the Cycle, almost 4 years serving Texas teens. Seen a lot of trends…20/20: Violence and Dating: 4/1/05
3 Domestic Violence → Dating Violence What do we picture when we think of intimate partner violence? Used to be images like these. Grown women. Wives. What interventions did they access? Self defense and hiding…Jennifer Lopez in EnoughJulia Roberts in Sleeping with the Enemy
4 Domestic Violence → Dating Violence What do we picture now? Younger women. Girlfriends. Female violence. What interventions did they access?RhiannaCarrie Underwood in Before He Cheats
5 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 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, (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, pp (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,What do we know now? Most common victims are female teens. Best intervention: legal.
6 Overview: Teen Legal Options Legal Services OverviewCriminal OptionsCivil OptionsSchool OptionsResourcesAgenda for the hour…questions anytime. Lots of trends and practical resources.
7 1. Legal Services Overview Working with Teens:Safety FirstBuild trustAsk specific questionsAct fastExtra help with decision makingBe flexible mcgruffstore.comGive examples from these handbooks
8 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.
9 2. Criminal Options Make a statement File charges: Emergency Orders AssaultStalkingSexual AssaultEmergency OrdersVictim Compensation
10 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, orstop contacting the victim at work, school,or at the victim’s children’s school or daycare.Civil vs Criminal
11 3. Civil Options (continued) Problems with Teen Access:Definitions: Dating? Stalking?Can a minor file?Filing fees?How long do they last?NOTE: older study, picture not totally accurate. Explain why these things are problems“Dating Violence: Can Teens Access Protection Orders?”Cheryl Green and Lara Murray Mohlhenrich,National Center for Victims of Crime, 2005.
12 3. Civil Options (continued) Do I qualify?Type of relationshipType of AbuseAgeHow do I get a Protection Order?What can I ask For?How much will it Cost?Explain the realm of possibilitesBreaktheCycle.org
13 3. Civil Options (continued) Case studies:VirginiaCaliforniaTexas
17 4. School Options School Policies Regarding Dating Violence: DefinitionsDeveloping a ResponsePrevention and TrainingInterventions in the SchoolsSafety PlanningRecord KeepingExplain the realm of possibilites
18 4. School Options (continued) Case Studies:MassachusettsNew YorkTexasRhode IslandCaliforniaNebraskaHealthyTeenDating.orgTexasAdvocacyProject.org
19 4. School Options (continued) Stay away agreement
20 4. School Options (continued) Sexual HarassmentHostile HallwaysEight in 10 students (81 percent) experience some form of sexual harassment during their school livesGirls are more likely than boys to experience sexual harassment ever (83 percent vs. 79 percent)Title IXAAUW.org
21 5. Resources General National Info: Break the Cycle’s TheSafeSpace.org CDC’s ChooseRespect.orgLiz Claiborne’s LoveIsNotAbuse.org“I saw Dave yelling at Megan in the hall so I asked him to stop”
22 5. Resources Victim Assistance: National Teen Dating Abuse Helpline LoveIsRepect.orgTTY
23 Presenter Information: Bronwyn BlakeFounder and Senior Attorney, Teen Justice InitiativeTexas Advocacy Project(512) office(512) faxPO Box 833Austin, Texas 78767Texas Dating/Family Violence Legal Line SAFE