Break the Cycle State-by-State Report Card on Teen Dating Violence

http://www.breakthecycle.org/pdf/2009-state-report-cards/state-report-card-full-report-2009.pdf
STATE-BY-STATE REPORT CARD HIGHLIGHTS FOR 2009
• Break the Cycle refined its scoring system in order to better assess the
way that state civil domestic violence protection order laws address the
needs of teen victims of domestic violence.
• Eight states’ grades improved – Illinois, Minnesota, Mississippi, Florida,
Delaware, Wisconsin, Maryland, New York, and Iowa.
• Two states received “A” grades for the first time – Illinois and Minnesota.
• Four states that received “F” grades last year improved their grades –
Wisconsin (“B”), Maryland (“C”), New York (“C”), and Iowa (“D”).
• New York changed its civil domestic violence protection order law to
include dating and cohabitating relationships, better protecting teen
victims of domestic violence.
• Florida expanded its definition of domestic abuse to include dating
violence and increased protections for victims of dating violence,
allowing many teens greater access to civil remedies.
• New Mexico added sexual assault and stalking to its definition of
domestic abuse, expanding protection for all victims of domestic
violence.
• The District of Columbia passed legislation increasing legal protection
for minor victims of domestic violence, including clarifying when minors
may petition for protection on their own behalf and holding minor
perpetrators accountable and providing appropriate interventions.
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STATE-BY-STATE REPORT CARD
EXECUTIVE OVERVIEW
As the leading voice for teens on the issue of dating violence, Break the Cycle advocates for
policy and legislative changes to better protect the rights and promote the health of teens
nationwide. Engaging, educating and empowering youth through prevention and intervention
programs, Break the Cycle helps young people identify and build safe, healthy relationships.
One in three teens will experience some form of abuse in a dating relationship. Teens who
suffer from abusive relationships exhibit increased rates of substance abuse, high-risk sexual
behaviors, eating disorders and suicidality. Teen victims are substantially more likely than
classmates to bring weapons to school and three times as likely to be involved in a physical fight.
Sadly, teens face overwhelming obstacles to getting help such as limited access to basic
securities like money, shelter and transportation. Exacerbating the barriers for teens are the
widespread statutory restrictions that exist because so few states recognize teens as victims of
domestic abuse. In fact, teens experience abuse at extremely high rates and young women
between the ages of 16 and 24 exhibit the highest rates of abuse—above any other age group.
Break the Cycle believes that minor teens should be able to access the same legal protections
as adult victims of domestic violence, including civil domestic violence protection or restraining
orders, and that state domestic violence laws should explicitly state the rights and
responsibilities of minors under the law. Break the Cycle believes that all teens over the age of
12 should have the right to petition for protection on their own behalf and that domestic violence
protection orders should be available against minor abusers.
To call attention to this critical situation, Break the Cycle set out to assess the climate of each
state’s civil domestic violence protection order laws and their impact on teens seeking protection
from abusive relationships. Initially, the aim of the research was to compile an up-to-date single
location of this state-by-state information for teens and those who care about them.
However, after the preliminary research was completed, Break the Cycle identified a series of
common trends (both negative and positive) that called for further analysis. The factors were
then grouped into larger categories, which were placed in order from most adverse to most
protective. Point values (ranging from -5 to +5) were assigned to each category depending on
whether the statute language was helpful or harmful in the protection of minors.
When a state’s law was ambiguous or unclear with regard to the treatment of minors, Break the
Cycle’s scoring system assigned negative points. If a discrepancy existed between the text of
the statute and the application of the law to minor victims of domestic violence, Break the Cycle
relied on the guidance of domestic violence organizations from within that state to clarify the
law. In cases where such clarification was not possible, final scores reflect the text of the statute
only.
Once final scores were tallied, the numbers were converted to percentages with the following
distribution:
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A ≥81%
B 71% - 80%
C 63% - 70%
D 55% - 62%
F ≤54% or automatic failure
Only five states received A’s—California, Illinois, Minnesota, New Hampshire and Oklahoma.
Eleven states failed, with ten of those states receiving an automatic failure.
Break the Cycle hopes these grades will spur action among state legislatures throughout the
country and activism among our nation’s youth. It is essential that dating violence and the needs
of minor victims be specifically addressed within state domestic violence statutes. Lawmakers
have a responsibility to address this issue and to propose legislation that will ensure the
protection of all victims of domestic violence—regardless of their age.
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STATE-BY-STATE REPORT CARD
FACTORS CONSIDERED FOR EVALUATION & GRADING
Positive Factors Negative Factors Automatic Failure
• The statute includes various lesser
offenses within its definition of abuse
that make it easier for a victim to get a
protection or restraining order (e.g.
cyberstalking, harassing phone calls,
sexually oriented offenses, stalking,
emotional abuse, animal cruelty)
• Generally, the length of the
restraining order lasts for one year.
Anything more than one year is
positive and longer than two years is
extremely positive.
• The statute provides the victim with
various kinds of compensation (e.g.
medical expenses, injuries, insurance,
moving expenses, lost earnings,
reimbursement for meals, pain and
suffering).
• The statute allows minors to file a
protection or restraining order without
an adult’s involvement.
• The statute recognizes extended
degrees of family members under the
group that may get a protection or
restraining order on behalf of a minor
or are protected by the order (e.g.
step, grandparent, child, second
cousin).
• The statute allows a victim to obtain a
protection or restraining order against
minors within a certain age limit.
• Sexual abuse is not included within the
definition of abuse.
• The statute does not include a stay
away order.
• Dating is not recognized but sexual
relations are recognized.
• The statute specifically identifies
heterosexual relationships as the only
group afforded domestic violence
protection.
• The statute does not include personal
relationships in which the parties are
residing together.
• The statute does not provide for child
custody, child or spousal support for
the victim requesting a protection or
restraining order.
• The statute requires a minor to get
parental permission when seeking a
protection or restraining order.
• The statute does not protect other
individuals under the protection or
restraining order (i.e. family members,
children, and/or other household
members).
• The statute does not specify who files
for a petition on behalf of a minor
(because minors cannot file on their
own).
• Generally, the length of the restraining
order lasts for one year. Anything less
than one year is negative.
• The statute does not allow restraining
orders to be filed against someone
under 18 years of age.
• Dating relationships are not specifically
recognized as valid domestic
relationships for obtaining restraining
orders.
• Protection orders and restraining orders
are not available to minors.
Please note: This analysis of state laws was conducted by looking only at state civil domestic violence protection or restraining order laws. While
teens may be able to seek protection and other remedies through other types of protection or protection orders or through the criminal law, these
laws were not included for the purpose of this analysis.
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STATE-BY-STATE REPORT CARD
SUMMARY OF FINDINGS
Below is a summary of findings1 on how state civil domestic violence protection order laws
address the circumstances teen victims2 face.
Dating Relationships
• Thirty-nine states and the District of Columbia allow victims of domestic violence who are
dating their abuser to apply for a civil domestic violence protection or restraining order.
These states are: AK, AR, CA, CO, CT, DC, DE, FL, HI, IA, ID, IL, IN, KS, LA, ME, MA, MI,
MN, MS, MO, MT, NE, NV, NY, NH, NJ, NM, NC, ND, OK, PA, RI, TN, TX, VT, WA, WV, WI
and WY. Not all of these states use the word “dating” in the law or define dating in the same
way. But, all thirty-nine include protection for victims in a dating relationship.
• Eleven states do not allow a victim who is in a dating relationship to apply for protection
under their civil domestic violence protection or restraining order laws. These states are: AL,
AZ, GA, KY, MD, OH, OR, SC, SD, UT and VA.
• One of these states, Oregon, allows a victim who is in a sexual relationship with the abuser
to apply for a protection or restraining order.
Co-Parents
• All but four states, LA, NH, TN, and VT, explicitly allow victims of domestic violence who
have a child with their abuser to apply for a protection or restraining order. However, each of
those four states includes at least some protection under the law for teens that are or were
dating, living with or in an intimate relationship with their abuser.
• Illinois goes farther than other states, allowing victims of domestic violence to apply for a
protection or restraining order against an abuser who is allegedly the parent of their child.
Restrictions for Same-Sex Relationships
• There are five states that in some way restrict protection under the civil domestic violence
laws to opposite-sex couples only. Three of these states, MT, NC and SC, specifically offer
protection only to opposite-sex couples.
• Louisiana law specifies that to qualify for a domestic violence protection order as a
cohabitant, the victim must be living with an abuser of the opposite sex.
• In Idaho, the text of the civil domestic violence law does not exclude same-sex couples;
however, when the law was adopted, the Idaho legislature stated that the law was intended
for opposite-sex couples.
1This Report Card and the information it contains is not legal advice and does not create an attorney-client relationship. While great
care was taken to provide current and accurate information, Break the Cycle is not responsible for inaccuracies in the text.
2 The relationship categories discussed in this section apply to all petitioners regardless of age, but are particularly relevant to teens.
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Restrictions on Protection for Minor Victims
• New Hampshire is the only state where the law specifically allows a minor of any age to go
to court by themselves to apply for a protection order.
• In Missouri, domestic violence protection orders are only available to adults.
• Nine states, CA, CT, MN, NJ, OK, OR, UT, WA and WY, allow minors to obtain protection or
restraining orders without the involvement of a parent, guardian or other adult if they meet
certain requirements. These requirements include being a certain age (e.g. over 16) or
having a certain relationship with the abuser (e.g. having a child in common with the
abuser). Three of these states, CT, NJ, WY, do not specify how a minor victim can apply if
they do not meet the age or relationship requirements.
• Four states, AZ, ID, IA, and NV, explicitly require that a minor must have a parent or legal
guardian involved in the process of applying for a protection or restraining order.
• More than half of states do not explicitly specify the minimum age of a petitioner.
• 16 states do not specify who can file for a minor
CO,CT,DE,DC,MA,NE,NJ,MN,NY,NC,ND,RI,TN,VA,WY, and SD.
• Tennessee does not specify who can file for a minor; however, a minor must have one
signature from a parent or legal guardian.
Restrictions on Protection from Minor Abusers
• Seven states impose explicit age restrictions on the person against whom a protection or
restraining order is obtained: AZ, CO, MI, MO, NV, NJ, and OK. Many state laws are silent
on the issue of obtaining protection or restraining orders against minors.
• In Missouri and Nevada, a victim cannot get a protection or restraining order against anyone
who is a minor. In New Jersey, the abuser must be 18 years old or emancipated.
• Four state laws allow protection or restraining orders against some, but not all, minors. In
Oklahoma, a victim cannot get a protection or restraining order against someone under the
age of 13; in Arizona the abuser must be 12; and, in Colorado and Michigan, the abuser
must be at least 10.