Street Law 4/8/2015 Family Law: Domestic Violence.

Street Law 4/8/2015

Family Law:

Domestic Violence

Today

• Family Law

• Focusing on Domestic Violence and Teen Dating Violence• Criminal?

• Civil?

• Non-Legal?

Opinion Poll

• 1. Couples should be required to live together for six months before getting married.

Opinion Poll

• Women who take illegal drugs during pregnancy should be prosecuted for child abuse.

Opinion Poll

• If two people of the same sex want to get married and raise a child, they should be allowed to do so.

Gay Marriage Laws

• http://graphics.latimes.com/usmap-gay-marriage-chronology/

Opinion Poll

• Children should be required to support elderly parents who are in nursing homes and receiving government aid, such as Medicaid.

Opinion Poll

• If a woman wishes to have an abortion, she should be able to do so without the consent of the father.

Opinion Poll

• A husband who physically abuses his wife should be prosecuted for criminal assault, even if the wife is

unwilling to testify against him.

Opinion Poll

• Parents who do not pay child support should have their names and photographs included on a website list of those “most

wanted” for late child support payments.

Most Wanted: Child Support

This Guy Owes over $83,000 in child support

http://www.in.gov/dcs/3333.htm

Opinion Poll

• High school students should be able to obtain contraceptives at school without their parents’

knowledge or consent.

What is Domestic Violence?

• Often referred to as Intimate Partner Violence

• Harm caused by a current or former partner, spouse, or family member

• Perpetrators can be both male and female

• Victims can be both male and female

• Can occur in both heterosexual or same-sex couples

• Can occur in short, dating relationships and long term relationships

• Does not require sexual intimacy

Acts of Power and Control

• Using Coercion and Threats

• Using Intimidation

• Using Emotional Abuse

• Using Isolation

• Minimizing, Denying, and Blaming

• Using Children

• Defining the Roles of the Relationship

• Using Economic Abuse

Non-Legal Aspects

• Psychological Abuse• Self-hate; low self-esteem

• Depression

• Financial control• Control of money

• Prevention from getting or keeping a job

• Isolation from family and friends• Control of victim’s time, activities, cell phone

Prevalence & Societal Consequences

• ~ 20,000 phones calls/day placed to domestic violence hotlines [13% identify as males]

• 35% of heterosexual women, 43.8% of lesbian women, and 61.1% of bisexual women have experienced rape, physical violence, and/or stalking by and intimate partner at some point in their lifetime

• 29% of heterosexual men, 26% of gay men, and 37.3 % of bisexual men have experience rape, physical violence, and/or stalking by an intimate partner at some point in their lifetime

• 20% of IPV homicide victims are family members, friends, neighbors, persons who intervened, law enforcement officers, or bystanders

• Victims lose a total of 8 million days of paid work each year

• Between 21-60% of victims lose their jobs for reasons stemming from the abuse

• The Costs of IPV (at least against women) exceed $8.1 billion annually

Where does the law fit in?

Criminal Aspects

• Assault

• Sexual Assault

• Stalking

•More on this later

Civil Aspects

•Corresponding Civil Actions (assault, battery, etc.)

• Property Damage

• Protection Orders

Power and Control Wheel

Simulations

•Volunteers?

Worksheets

• Answers

• http://www.loveisrespect.org/

The Law

• RCW 20.50.010

• "Domestic violence" means: (a) Physical harm, bodily injury, assault, or the infliction of fear of imminent physical harm, bodily injury or assault, between family or household members; (b) sexual assault of one family or household member by another; or (c) stalking as defined in RCW 9A.46.110 of one family or household member by another family or household member.

The Law

• "Family or household members" means spouses, domestic partners, former spouses, former domestic partners, persons who have a child in common regardless of whether they have been married or have lived together at any time, adult persons related by blood or marriage, adult persons who are presently residing together or who have resided together in the past, persons sixteen years of age or older who are presently residing together or who have resided together in the past and who have or have had a dating relationship, persons sixteen years of age or older with whom a person sixteen years of age or older has or has had a dating relationship, and persons who have a biological or legal parent-child relationship, including stepparents and stepchildren and grandparents and grandchildren.

The Law

• "Dating relationship" means a social relationship of a romantic nature. Factors that the court may consider in making this determination include: (a) The length of time the relationship has existed; (b) the nature of the relationship; and (c) the frequency of interaction between the parties.

The Law

• 26.50.020• (1)(a) Any person may seek relief under this chapter by filing a petition with a court alleging that the person

has been the victim of domestic violence committed by the respondent. The person may petition for relief on behalf of himself or herself and on behalf of minor family or household members.

• (b) Any person thirteen years of age or older may seek relief under this chapter by filing a petition with a court alleging that he or she has been the victim of violence in a dating relationship and the respondent is sixteen years of age or older.

• (2)(a) A person under eighteen years of age who is sixteen years of age or older may seek relief under this chapter and is not required to seek relief by a guardian or next friend.

• (b) A person under sixteen years of age who is seeking relief under subsection (1)(b) of this section is required to seek relief by a parent, guardian, guardian ad litem, or next friend.

• (3) No guardian or guardian ad litem need be appointed on behalf of a respondent to an action under this chapter who is under eighteen years of age if such respondent is sixteen years of age or older.

• http://protectionorder.org/

Resources

• LoveIsRespect.org

• KingCounty.gov (http://www.kingcounty.gov/courts/Clerk/DomesticViolence.aspx)

• UW SafeCampus Community Resources