When a teen is in a physically or emotionally violent dating relationship what steps can they take to ensure protection? This question is unfortunately not an easy one to answer because it depends on the state they live in. Each state has a domestic violence statute in place and each statute has specificities that may limit the legal protection a teenager can receive from their state.
In order to receive legal protection, a teen must apply for a civil protection order, which is issued by their state. However, there are often age, parental consent, and relationship requirements that stand in the way. Many states require the teen to be a specific age. For instance in Washington State the teen must be 16 years old or older to receive an order, but a minor under 16 cannot with or without adult assistance (Saperstein, 2005). This is ridiculous and serves only a subset of adolescents. We know teenagers are dating earlier than the age of 16 and so there should be some type of protection for those adolescents. Some states also require teenagers to have parental consent when applying for an order. This discourages a lot of teens from applying for an order because they do not want their parents to know about their relationship. When applying for a civil protection order, the applicant is required to distinguish their relationship. Some states require “a blood relationship, marriage, a child in common, or cohabitation” therefore a dating relationship would not qualify for an order (Saperstein, 2005). This poses a problem because most teens are not living with their boyfriend or girlfriend. Furthermore, a teen should not have to be pregnant or married to receive legal protection.
A Closer Look…
As a school psychology student in the state of Washington, I thought it would helpful to look specifically at Washington State law around civil protection orders. According to the American Bar Association Commission on Domestic Violence, Washington State defines Domestic Violence as: “Physical harm, bodily injury, assault or the infliction of fear of imminent physical harm, bodily injury, or assault between family or household members, sexual assault of one family or household member by another, stalking of one family or household member by another family or household member” WASH. REV. CODE § 26.50.010 (2006) (American Bar Association Commission on Domestic Violence, 2007). Washington State does include dating relationships in their law but specifically states the abuser and victim must be at least 16 years of age: “…persons who both are 16 years or older and are or have dated each other…” WASH. REV. CODE § 26.50.010 (c) (2) (2006) (American Bar Association Commission on Domestic Violence, 2007).
The organization, Break the Cycle, created State Law Report Cards that “survey the civil domestic violence protection order laws of all fifty states…assessing their impact on teens seeking protection from abusive relationships” (2010). It should be noted that the most recent Report Cards are from 2010. I looked up Washington in the State Law Report Cards and Washington State received an A. It was granted an A because the state does allow minors (16 & older) to obtain a civil protection order and includes dating relationships in the domestic violence statute. The report card did note however, that according to Washington State law, teens under the age of 16 must have an adult family/household member petition for an order on their behalf. This is a barrier for many teens who are under the age of 16 and do not want to tell their parents about their relationship.
Another area that is important to consider in Washington State law is a minors’ right to access of “sensitive health care services – including sexual and reproductive health care, mental health services, alcohol and drug abuse treatment” (Guttmacher Institute, 2015). The Guttmacher Institute created a number of documents titled State Policies in Brief that overview various laws as of January 1, 2015. According to the State Policies in Brief: An Overview of Minors’ Consent Law Washington State allows:
(Guttmacher Institute, 2015)
Why is this important?
Understanding Washington State law allows us as educational professionals to be informed and knowledgeable in our work with adolescents. It is also important to understand the current law so that we can recognize what policy change is needed. Within Washington State we need to change the law so that all adolescents are can receive legal protection by obtaining civil protection orders and access to sensitive services.
References
American Bar Association (2007). Domestic violence civil protection orders (CPO) by state. Retrieved fromhttp://www.americanbar.org/content/dam/aba/migrated/domviol/docs/DVCPOChartJune07.authcheckdam.pdf
Break the Cycle (2010). State law report cards. Retrieved from http://www.breakthecycle.org/state-law-report-cards
Guttmacher Institute (2015). An overview of minors’ consent law. State Policies in Brief. Retrieved from http://www.guttmacher.org/statecenter/spibs/spib_OMCL.pdf
Saperstein, P. (2005). Teen dating violence: Eliminating statutory barriers to civil protection orders. Family Law Quarterly 39 (1), 181-196.
In order to receive legal protection, a teen must apply for a civil protection order, which is issued by their state. However, there are often age, parental consent, and relationship requirements that stand in the way. Many states require the teen to be a specific age. For instance in Washington State the teen must be 16 years old or older to receive an order, but a minor under 16 cannot with or without adult assistance (Saperstein, 2005). This is ridiculous and serves only a subset of adolescents. We know teenagers are dating earlier than the age of 16 and so there should be some type of protection for those adolescents. Some states also require teenagers to have parental consent when applying for an order. This discourages a lot of teens from applying for an order because they do not want their parents to know about their relationship. When applying for a civil protection order, the applicant is required to distinguish their relationship. Some states require “a blood relationship, marriage, a child in common, or cohabitation” therefore a dating relationship would not qualify for an order (Saperstein, 2005). This poses a problem because most teens are not living with their boyfriend or girlfriend. Furthermore, a teen should not have to be pregnant or married to receive legal protection.
A Closer Look…
As a school psychology student in the state of Washington, I thought it would helpful to look specifically at Washington State law around civil protection orders. According to the American Bar Association Commission on Domestic Violence, Washington State defines Domestic Violence as: “Physical harm, bodily injury, assault or the infliction of fear of imminent physical harm, bodily injury, or assault between family or household members, sexual assault of one family or household member by another, stalking of one family or household member by another family or household member” WASH. REV. CODE § 26.50.010 (2006) (American Bar Association Commission on Domestic Violence, 2007). Washington State does include dating relationships in their law but specifically states the abuser and victim must be at least 16 years of age: “…persons who both are 16 years or older and are or have dated each other…” WASH. REV. CODE § 26.50.010 (c) (2) (2006) (American Bar Association Commission on Domestic Violence, 2007).
The organization, Break the Cycle, created State Law Report Cards that “survey the civil domestic violence protection order laws of all fifty states…assessing their impact on teens seeking protection from abusive relationships” (2010). It should be noted that the most recent Report Cards are from 2010. I looked up Washington in the State Law Report Cards and Washington State received an A. It was granted an A because the state does allow minors (16 & older) to obtain a civil protection order and includes dating relationships in the domestic violence statute. The report card did note however, that according to Washington State law, teens under the age of 16 must have an adult family/household member petition for an order on their behalf. This is a barrier for many teens who are under the age of 16 and do not want to tell their parents about their relationship.
Another area that is important to consider in Washington State law is a minors’ right to access of “sensitive health care services – including sexual and reproductive health care, mental health services, alcohol and drug abuse treatment” (Guttmacher Institute, 2015). The Guttmacher Institute created a number of documents titled State Policies in Brief that overview various laws as of January 1, 2015. According to the State Policies in Brief: An Overview of Minors’ Consent Law Washington State allows:
- Contraceptive services: access to ALL minors
- STI services: access to minors 14-17
- Prenatal Care: access to ALL minors
- Adoption: Legal counsel
- Medical care for minor’s child: As of 2015, Washington State does not have a relevant policy or case law
- Abortion: As of 2015, Washington State does not have a relevant policy or case law
(Guttmacher Institute, 2015)
Why is this important?
Understanding Washington State law allows us as educational professionals to be informed and knowledgeable in our work with adolescents. It is also important to understand the current law so that we can recognize what policy change is needed. Within Washington State we need to change the law so that all adolescents are can receive legal protection by obtaining civil protection orders and access to sensitive services.
References
American Bar Association (2007). Domestic violence civil protection orders (CPO) by state. Retrieved fromhttp://www.americanbar.org/content/dam/aba/migrated/domviol/docs/DVCPOChartJune07.authcheckdam.pdf
Break the Cycle (2010). State law report cards. Retrieved from http://www.breakthecycle.org/state-law-report-cards
Guttmacher Institute (2015). An overview of minors’ consent law. State Policies in Brief. Retrieved from http://www.guttmacher.org/statecenter/spibs/spib_OMCL.pdf
Saperstein, P. (2005). Teen dating violence: Eliminating statutory barriers to civil protection orders. Family Law Quarterly 39 (1), 181-196.