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

1. Dating Violence: Understanding Domestic Violence Laws and Creating Effective Response Strategies Presented by Crisanne Hazen Legal Advocates for Children & Youth

2. 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.

3. 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.

4. LACY’s 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.

5. 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

6. 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 1:30-4:30 p.m. • We accept fax referrals and self-referrals.

7. 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.

8. 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/20071010_teen_boyfriends/)

9. TDV—Legal Issues • Domestic Violence • Paternity • Custody/visitation • Child support • Statutory rape • Education

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

11. Civil Harassment Restraining Orders • Appropriate when there is not a relationship between the parties that’s defined in the DVPA. • Higher burden of proof (i.e., harder to get). • Timelines similar to DVRO.

12. 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.

13. 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.

14. DVRO—Before 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

15. DVRO—At the hearing • Who needs to be there • Proof of service • Standard of proof • Length of order • Types of court orders judge can make

16. DVRO—After the hearing • Violation of order • Protected person stops enforcing • Protected person changes their mind • Renewal

17. Paternity – Who’s Your Daddy? Paternity is legally complicated. Also established in child support proceedings. Paternity can often be set aside or decided by default.

18. Custody/Visitation Physical Custody – who is caring for the child. Legal Custody – who can make important decisions in the child’s 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.

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

20. 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.

21. 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.

22. Barriers to accessing courts Age Forms Fees/Fee Waivers Proofs of service Formality of court room Deadlines Language/vocabulary Lines

23. Domestic Violence Response Strategies Holistic approach Legal assistance – restraining orders - preparing the paperwork and representing teens in court. Social Services – Safety Planning Resource Referrals

24. Contact Information Crisanne Hazen, Senior Attorney Legal Advocates for Children & Youth 152 N. Third Street, Third Floor San Jose, CA 95112 (408) 280-2459 Fax (408) 288-8850. 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 1:30-4:30 p.m. • VHC Bascom Pediatric Clinic, 750 S. Bascom Ave., Suite 230. • Have family call LACY directly at 280-2416.