Changing Texas Law to Include Minors in Protective Order Legislation
Lorrie Cantrell
Domestic Violence and the Law
Professor Sarah Buel
November 13, 2008
Abstract
Because the Texas Family Code is lacking proper protections for minor victims of
dating violence, the legislature should modify the existing code to erase obstacles for
minors attempting to obtain protective orders. Teen dating violence is a problem of
epidemic proportions; therefore the Texas Family Code should allow teen victims to
file for a protective order. Many other states allow teens to file for a protective order
without parental consent or an adult to file on behalf of the teen, and Texas should
follow the example set by these states and amend the Texas Family Code to allow
minors to file for protective orders. School officials, judges, prosecutors, and law
enforcement should also be educated on the dangers of teen dating violence and what
steps can be taken to ensure the victim is protected and the batterer is held
accountable.
Outline
I. Introduction
II. Significance of Teen Dating Violence and Associated Problems
A. Comparison to Adult Domestic Violence
B. Teen Protections in Texas
C. Equal Protection Clause and Fundamental Rights
D. Socioeconomic, Racial, Religious Factors
E. Sexual Violence and Associated Stigma Among Teens
F. Parental Notification
III. Texas Law
A. Texas Family Code
1. Relevant Provisions
1
2. Who Can File
3. Emancipation
2. Juvenile versus Family Law Court
IV. Texas Compared to Other States
A. Specific Mention of Minors
B. Deference to Courts Concerning Minors
C. Suggested Texas Amendment to Family Code
V. Recommendations
A. Application and Petition
1. Pro Se Packet
2. Ex Parte Hearings
3. Available Assistance
B. Educate Officials
1. Lawyers, Judges, Law Enforcement
2. Schools
C. Teen Oriented Batterers Intervention Training
D. Make Resources and Programs Available
VI. Conclusion
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I. Introduction
It has been over five years since the brutal murder of 15 year-old Ortralla Mosley, an
Austin area sophomore stabbed to death in the hall of her high school by her ex-boyfriend,
Marcus McTear, a 16 year-old sophomore attending the same school.1 Ortralla dated Marcus for
five months in a classic abusive and controlling relationship that gradually escalated to physical
abuse and the eventual murder of Ortralla. Marcus would complain about the clothes Ortralla, a
cheerleader, wore and isolated her from her friends and family. He threatened suicide when
Ortralla attempted to break-up with him, and physically abused himself in front of Ortralla in an
attempt to prevent her from breaking up with him days before her murder.2 Ortralla attempted to
stop the abuse by reaching out to school authorities, but despite her repeated pleas and the prior
problems with the defendant, the school did nothing. This tragic story is only one example of the
serious dangers of teen dating violence and unhealthy relationships at the teen level.
Approximately one in five female high school students in the United States report being
physically or sexually abused by a dating partner.3 Teen victims are more likely to be engaged in
drug and alcohol abuse and more likely to bring weapons to school or be involved in a physical
fight.4 The Texas Family Code is lacking proper protections for teens in Texas and should be
modified to include minor eligibility to obtain protective orders.5 Doing this will not only better
protect teens, but also teach batterers that Texas will not tolerate dating violence at any age. This
Jordan Smith, A Shining Star Goes Dark, THE AUSTIN CHRONICLE May 16, 2003.
http://www.austinchronicle.com/gyrobase/Issue/story?oid=oid%3A159800.
2 Id.
3
Jay G. Silverman et al., Dating Violence Against Adolescent Girls and Associated Substance Use, Unhealthy
Weight Control, Sexual Risk Behavior, Pregnancy, and Suicidality, 286 J. Am. Med. Ass'n 572-579 (2001).
4 Break the Cycle, Org. Break the Cycle State-by-State Report Card (2008)
http://www.breakthecycle.org/pdf/state-report-card-executive-summary.pdf. Break the Cycle is an
organization dedicated to eradicating teen dating violence and works towards educating and empowering
teens and adults to build communities free from domestic violence.
5 Tex. Fam. Code Ann. §82.002(a),(c) states that if you are 18 or over, you may file for a protective order on your
own, but if you are under 18, an adult family member or other adult may file for you.
1
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is an important step in embedding accountability in young batterers and also teaching young
victims the importance of healthy, violence-free relationships.
II. Significance of Teen Dating Violence and Associated Problems
A. Comparison to Adult Domestic Violence
Violent teen relationships have a great deal in common with violent adult relationships.
The same social gender stereotypes that foster male domination and control exist in teen
relationships, sometimes to an even higher degree.6 Teens experiment with dating relationships,
and many times attempt to conform themselves to a model adult relationship.7 This can lead to
exaggerated role-playing, including male-domination and female submissiveness.8 Studies have
shown that adult victims of abuse often report their first encounter with intimate violence
occurred while they were in their teens.9 Preventing abuse in teen relationships, therefore, could
have a tremendous effect on lowering domestic violence in adult relationships and instilling a
sense of accountability in batterers.
Teen dating violence is unique and separate from adult violence in several ways,
however, and should be approached using appropriate techniques aimed toward teens. Teen
relationships are a relatively new concept in American society. Teenagers are given more
independence to explore romantic relationships, a once closely chaperoned practice. In most
situations, teen victims do not live under the same roof as their dating partner and are not
financially dependent upon their batterer.10 This is in stark contrast to adult victims.11 Teens may
not be financially dependent upon their batterer, but this does not mean they are not emotionally
Kathryn E. Suarez, Teenage Dating Violence: The Need for Expanded Awareness and Legislation, 82 Cal. L. Rev.
423, 427 (1994).
7 Id.
8 Id.
9 Nona K. O’Keeffe et al., Teen Dating Violence, 31 Soc. Work 465, 468 (1986).
10 Suarez, supra note 5, at 431.
11 Id. at 431.
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and socially dependent upon them. Many teens feel social pressures to stay in a relationship just
as strong as adults.12 The peer pressure exuded upon teen victims may be felt even stronger than
social pressures felt by adult victims. Teens may be even more susceptible because “peer
pressures, rigid conformation to female gender role expectations, and lack of dating experience
may all contribute to a young woman’s reluctance to leave an abusive relationship.”13
B. Texas Protections for Teens
Although the characteristics between adult and teen violent relationships may be
relatively similar, the protections and programs provided by Texas to combat dating violence are
quite different. Failure to combat teen violence and hold batterers accountable reflects Texas’s
unwillingness to acknowledge teen violence as a serious problem. Protective Orders are a
remedy to address domestic violence,14 but in order for that remedy to be effective, teens need to
have access to apply for a protective order in Texas courts. As the law in Texas currently stands,
teens under the age of 18 need an adult to file for a protective order on the teen’s behalf.15
Although Texas does not require this adult to be a parent or legal guardian, a teen seeking
protection from the courts may nevertheless be thwarted by a requirement that an adult must file
for them. Teen victims may be reluctant to seek help from adults,16 or they may have reported
abuse to an adult authority figure who did not follow through or help the victim in any way, as
was the case in the Ortralla Mosely tragedy.17 Safety for teen victims needs to be prioritized by
Id.
Denise Gamache, Domination and Control: The Social Context of Dating Violence in DATING VIOLENCE: YOUNG
WOMEN IN DANGER 69 (Barrie Levy ed., 1991).
14 See generally Suarez supra note 6 at 435. (arguing that teens should be included in domestic violence
legislation).
15 Tex. Fam. Code Ann. §82.002(a),(c).
16 Stacy L. Brustin, Legal Responses to Teen Dating Violence, 29 Fam. L.Q. 331, 332 (2005).
17 Supra note 1.
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legislators, judges, and police officials to enable victims to seek legal remedies to prevent dating
violence.
C. Socioeconomic, Racial, and Religious Factors
Socioeconomic, racial, and religious factors may contribute to a teen victim’s desire to
refrain from alerting a parent or adult relative of a violent relationship. Some teen victims feel
pressure from their family not to date a certain partner, or possibly the victim’s parents have only
recently allowed that teen to date freely.18 This may influence a teen victim’s desire to alert a
parent or other adult because they fear their dating independence will be retracted. Certain
religions look adversely upon teenagers dating at all, and a teen victim involved in a violent
relationship may not want to alert an adult because of religious stigmas.19 Race may also affect
the willingness of a teen to report abuse and seek redress through the justice system. Many
African-American victims distrust law enforcement authorities and will not report abuse.20 This
same mentality may be transferred to young victims whose unwillingness to report abuse to
school and law enforcement authorities puts them in future danger. Lesbian and gay teens also
experience abuse,21 and may be less likely to report abuse for fear of alerting family or friends
about their sexual orientation.22
D. Sexual Violence and Associated Stigma Among Teens
Sexual violence is even more stigmatized in teen dating relationships because the teen
victims may be embarrassed to disclose such abuse to any adult, not just the victim’s family
members.23 Sexual violence may be embarrassing to a teen, causing that teen to neglect telling an
Supra note 6 at 428.
Sarah M. Buel, Fifty Obstacles to Leaving, A.K.A. Why Abuse Victims Stay, 28-OCT Colo. Law 19, 24 (1999).
20 Id. at 20.
21 Id. at 22.
22 BARRIE LEVY, IN LOVE AND IN DANGER: A TEEN’S GUIDE TO BREAKING FREE OF ABUSIVE RELATIONSHIPS 28 (1993).
23 Id.
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adult about the violence.24 Teen victims may also feel societal pressure to keep sexual violence a
secret from adults.25 In order to fully protect teen victims of physical and sexual violence, the
Equal Protection Clause requires that teens be afforded the same opportunity to obtain a
protective order as is afforded to adult victims. This can be actualized by allowing teenage
victims to file for a protective order, not just adults, and extending domestic violence programs
to teen victims as well as adult victims in Texas.
E. Equal Protection Clause and Fundamental Rights
Protection by the state against bodily harm and physical violence is a fundamental right
that should be afforded to citizens of all ages.26 Furthermore, the Equal Protection Clause of the
14th Amendment of the U.S. Constitution provides that “no state shall…deny to any person
within its jurisdiction the equal protection of the laws.”27 The Texas Family Code protective
order provisions violate the Equal Protection Clause by presenting teens with unfair burdens and
obstacles in their quest to obtain state civil protections against a batterer. Teen victims in Texas
must have an adult file for a protective order in the teen’s name.28 As previously discussed, there
are many factors that may contribute to a teen victim not wanting to alert a parent or authority
figure about dating violence, therefore by requiring a teen victim to obtain adult permission and
signature to file for protections in the court, Texas is creating undue obstacles for teens wishing
to seek protection from bodily harm. The legislature should remove the requirement that teen
victims in Texas must have an adult file for a protective order in the teen’s name.29
24
25
Id.
Id.
JOHN RAWLS, A THEORY OF JUSTICE (Harvard University Press, 2005). Rawls argues that individuals that
experience violence and victimization have an unalienable right to seek recourse and protections from the
justice system in order for the basic liberties of citizenship to be actualized.
27 U.S. CONST. amend. XIV § 1.
28 Tex. Fam. Code Ann. §82.002(a),(c).
29 Id.
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F. Parental Notification
Parents may demand that a teen obtain parental consent and/or notification before any
judicial action is taken in order to preserve the integrity of the family.30 Many will argue that
immature teens will make trivial and false claims against their intimate partners, abusing the
protective order process to gain attention.31 In Texas, teens that wish to have an abortion must
obtain parental consent or file for a judicial bypass, where a judge decides that it is in the teens
best interest that their parent is not notified and allows for an abortion without parental consent.32
The judicial bypass inherently recognizes that a teen maintains some autonomy from their
parents, and indeed, the state’s interest in protecting a battered teen victim outweighs the interest
in maintaining the integrity of the family.33 Even if Texas decides to keep the protective order
provisions the same in requiring an adult to file on behalf of a teen victim, a similar judicial
bypass system should be considered as an alternative.
III. Relevant Texas Code Provisions
A. Texas Family Code
1. Relevant Provisions
The Texas Family Code (hereinafter TFC) requires the court to issue a protective order if
‘family violence’ has occurred and is likely to occur in the future. 34 The TFC includes ‘dating
violence’ in its definition of family violence, encompassing dating relationships of a romantic or
intimate nature.35 The TFC section that defines dating violence does not differentiate based upon
Supra note 6 at 467.
Id. at 468.
32 Tex. Fam. Code Ann. §33.003.
33 Supra note 6 at 469.
34 Tex. Fam. Code Ann. §85.001(a),(b).
35 Tex. Fam. Code Ann. §71.0021.
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age, but instead defines dating violence as between ‘individuals’.36 TFC section 82.002(c) is
particularly discriminatory towards teen victims because it requires that an adult file on behalf of
a child victim of family violence. The fact that a teen victim of dating violence must involve an
adult acts a deterrent to obtaining legal protections.37
2. Who Can File
The TFC allows a prosecuting attorney or the Texas Department of Family and Protective
Services (DFPS) to file on behalf of a minor for a protective order; however, the DFPS is
required to give notice to a “non-abusive parent or adult member of a household” of the DFPS’s
intent to file a protective order for a minor.38 A victim of teen dating violence who wishes to
obtain a protective order through the DFPS, but who may face repercussions if the victim’s
family is notified, would be adversely affected by this code provision.
3. Emancipation Requirements
Opponents of amending Texas legislation to include minors as unrestricted petitioners of
protective orders may argue that minors have the option to become emancipated, therefore
affording them the rights of an adult. The Texas Family Code provision on emancipation
requirements are extremely restrictive, requiring the minor to be 17 years of age, or 16 years of
age and living alone and self-supporting in all financial affairs.39 A teen victim of dating violence
seeking a protective order may not meet these requirements, nor may that teen wish to obtain
emancipation from his/her parents or legal guardian. Protective orders should be an accessible
recourse to teens without such major procedures as emancipation because there is no compelling
Id.
See generally Gamache, supra at note 8, at 74.
38 Tex. Hum. Res. Code §54.002. This section of the Human Resources Code also requires that the DFPS
request the parent or household member’s assistance in formulating a safety plan for the child in which the
order is sought.
39 TEX. FAM. CODE §31.001 (2008).
36
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state interest in restricting protective orders only to adults or requiring teens to become
emancipated from their parents to seek state protection from bodily harm. Again, the Equal
Protection Clause ensures that teens deserve the same protections as adults, and requiring such
extreme measures as emancipation in order to obtain state protections is a violation of the Equal
Protection Clause as it creates undue obstacles for teens.
B. Juvenile versus Family Law Court
Teen victims seeking a protective order against teen batterers may face additional
hardships and inequalities if seen in a juvenile court rather than a family law court.40 Juvenile
courts are less formal, and juvenile judges generally concentrate more upon rehabilitating the
offender than granting protections for a victim.41 In order for teens to seek protections from the
court and batterers to face consequences for their actions, judges must take teen victim’s requests
for protective orders seriously. Judge Mike Denton, a reputable family court judge in Austin,
Texas, stated that he would gladly see petitioners for protective orders that were teen victims.42
Judge Denton also states that in the history of his protective order hearings as a judge, he has
only encountered about five petitioners who were teen victims. Judge Denton said he always
makes determinations based on factual evidence, but he would support legislation that allowed
minors to petition for protective orders without adult consent or supervision. He would always
appoint a lawyer to represent a minor petitioner, however, such as a county attorney.
IV. Texas Compared to Other States
A. Specific Mention of Minors
See Stacy L. Brustin, Legal Responses to Teen Dating Violence, 29 Fam. L. Q. 331, 344 (1995).
Id. at 342
42 Interview with Judge Mike Denton, Travis County Ct.-at-Law No. 4, Austin, TX. in-person in Austin, TX. (Oct.
9, 2008). Judge Denton is a leader on domestic violence, and his court is one of the first of its kind, specifically
addressing issues of domestic violence.
40
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Texas should reform its civil protective order code to include specific statutory language
allowing teenage petitioners to file for a protective order. New Hampshire specifically addresses
minors in their Public Safety and Welfare Code’s provision on protections to persons from
domestic violence. 43 The relevant portion states that a minor petitioner applying for a protective
order “need not be accompanied by a parent or guardian to receive relief.”44
California has a similar provision pertaining to minors petitioning for a protective order.
California specifically mentions that a minor above the age of 12 may petition the court for a
protective order without accompaniment of a guardian or parent.45 However, this language is
found in California’s civil procedure code, rather than inserted into the actual protective order
statute. In order to be more effective, Texas should add language to the family code allowing
teen petitioners to file without adult accompaniment to prevent confusion and mistake. Allowing
petitioners twelve-years-old or older to file without an adult is a valid statute and should be
implemented in Texas.
Oklahoma is another state that specifically addresses minors in their statutory protective
order language. Oklahoma allows any minor age 16 or 17 to petition for a protective order
without the consent of a parent or accompaniment by a guardian or guardian ad litem.46
However, Oklahoma requires a household member to file on behalf of a minor under age 16.47
Wyoming and Utah also allow minors age 16 or older to petition for protective orders without
N.H. REV. STAT. §173-B:3, II(a),(b)
Id.
45 CAL. CIV. PROC. CODE § 372 (2007).
46 Okla. Stat. Ann. tit. 22, §60.2(A). Oklahoma also specifically states that a protective order can be issued
against anyone who is 13 years of age or older. Allowing a protective order to be issued against a minor, but
not petitioned by a minor below age 16 unduly restricts the protections available to teen victims of dating
violence.
47 Id.
43
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parental or guardian permission.48 In order to fully protect teen victims of dating violence, Texas
should include any teenager to be eligible to apply for a protective order.
B. Deference to Courts Concerning Minors
Eighteen other U.S. States do not explicitly deny a minor access to petition for a civil
protection order without an adult to file on behalf of that minor,49 but instead defer to local courts
discretion. These states’ codes do not include restrictive language pertaining to teen victims of
violence, although they do not specifically address the issue in the statutory language. Texas
must address minor application of a protective order explicitly in its code by adding language
that says, teens aged twelve and older may apply for a protective order without an adult, in order
to prevent confusion and to assert the proposition that minor rights are protected in Texas.
C. Suggested Amendments to Texas Family Code
Texas should amend title IV, section 82.002 of the Texas Family Code to read,
“(a) With regard to family violence under Section 71.004(1) or (2), an adult or minor
member of the family or household may file an application for a protective order to
protect the applicant or any other member of the applicant's family or household
(b) With regard to family violence under Section 71.004(3), an application for a
protective order to protect the applicant may be filed by an adult or minor member of the
dating relationship.
(c) Any adult or minor may apply for a protective order to protect a child from family
WYO. STAT. ANN. §35-21-102(a)(i) Wyoming does not address who may file for a minor under the age of 16.;
UTAH CODE ANN. §30-6-2.
49 D.C. CODE ANN. §46-101 (2007); ME. REV. STAT. ANN. tit. 19-A, § 4002 (2006); R.I. GEN. LAWS §8-8.1-1 (2006);
COLO. REV. STAT. § 13-14-101(1.5) (2006); NEV. REV. STAT. ANN. § 33.018 (2007); VT. STAT. ANN. tit. 15 § 1101
(2006); CONN. GEN. STAT. § 46b-15(a), 46b-38a(2); FLA. STAT. ANN. § 784.046(2)(b) (2007); MASS. ANN. LAWS Ch.
209A, §1 (2007); NEB. REV. STAT. ANN. § 42-903(3) (2006); N.M. STAT. ANN. § 40-13-2(D) (2007); N.D. CENT.
CODE § 14-07.1-01(4) (2007); OR. REV. STAT. § 107.705(3)(e) (2005); KY. REV. STAT. ANN. § 403.720 (2007); N.Y.
Fam. Ct. Act § 812 (2007); N.C. GEN. STAT. § 50B-1 (2006); S.D. CODIFIED LAWS § 25-10-1; VA. CODE ANN. § 16.1228 (2006).
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violence.”
In addition, Texas should adopt and add the following provision to section 82.002, following the
footsteps of leading states such as New Hampshire and California in protecting the legal rights of
teen victims of dating violence,
“any minor under the age of 18 may appear in court to petition for a protective order
without the presence of a guardian, counsel, a guardian ad litem, or other adult.”
The TFC should also add a provision defining a minor for purposes of this section of the code as
“a person age 12 or older but under the age of 18”.
By adopting this statutory language and amending the existing statutory language, Texas would
ensure the victims of teen dating violence civil protections, as well as send a message to the
batterers of teen victims that Texas does not tolerate violence against persons of any age.
V. Recommendations
There are many ways to combat teen dating violence and make teen victims safer and
better informed in Texas, such as increasing awareness of the dangers of teen violence to prevent
teen violence and ensure equal treatment of teens in the courts. Prosecutors, attorneys, judges,
and law enforcement officials should be accurately informed of the special circumstances and
attitudes that accompany teen dating violence to better ensure that teen victims receive equal
treatment in the court system and receive the same protections available to adults.
A. Application and Petition
1. Pro Se Packet
13
A pro se protective order packet is available to persons seeking to obtain a protective
order in the Texas court system.50 Teens should be included and specifically addressed in this
packet so that they may be more aware of their rights and the procedures they must go through to
obtain a protective order. This is an easy addition to the packet, and would only necessitate an
additional paragraph detailing how a teen may file a protective order, and who is available for
assistance. A teen dating violence hotline51 could also be included in the resources included in
the packet. This packet should also be made more readily and widely available to teens. One way
is to make copies of the packet, or at least the first page addressing protective order procedures,
and place these copies in areas frequented by teens such as schools, recreational areas, malls, and
other places that teens hang out. The pro se packet can be long and intimidating to a teen,
however, so in addition to including specialized teen issues in the packet, a simple coversheet
summarizing the issues in simple language would be helpful to teens.
2. Ex Parte Hearings
The court system could also improve its approach to teen dating violence victims by
allowing ex parte hearings for teen victims. Although this is automatically included in adult
protective order hearings, educating judges and attorneys about the particular temperaments of
teen victims will ensure fair treatment of teen victims. Teens are more inclined to resist turning
to court ordered protection if they feel a proceeding will embarrass them. Courts should be
willing to deal with the particular temperament of teen victims, responding to a teens desire to fit
in with his/her peers. Teens may be particularly intimidated by a courtroom, judges, and lawyers
Available at http://www.womenlaw.org/documents/Pro%20Se%20Protective%20Order%20Packet%20(English).pdf.
51 National Teen Dating Abuse Hotline, 1-866-331-9474. More information can be found at
http://www.loveisrespect.org/.
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and ex parte proceedings may foster a more comfortable atmosphere, especially in cases where
abuse was intense and severe.
3. Available Assistance
As Texas law currently stands, minors are not allowed to request a protective order by
themselves, but must have an adult file on their behalf. In order to make this procedure more
available and efficient, Texas courts should have attorneys available at the courthouse to act as
adult representatives or guardians ad litem to teen victims seeking protective orders. Not only
would these attorneys be the requisite adults to file for a teen, but would be able to offer
specialized advice to teen victims and be trained and practiced in dealing with teen victims of
dating violence. In the event that an attorney is not available to assist teen petitioners, a
representative from SafePlace52, the Texas Advocacy Project’s Teen Justice Initiative53, or local
domestic violence volunteers should be readily available at the courthouse to assist teens in filing
for protective orders. In some jurisdictions, such as Middlesex County Bar Association in
Massachusetts, local bar associations provide pro bono attorneys at the court house to offer
advice for a few hours a day. Travis County and other Texas counties could implement a similar
program aimed towards teens where pro bono attorneys who are specially trained in dealing with
teen dating violence are available at the court house during after school hours.
Phoenix, Arizona, had an innovative idea when it set up kiosks at Phoenix Public Library
locations where teens could access materials on a variety of subjects applicable to teens,
Austin SafePlace, http://www.austin-safeplace.org/. SafePlace is a non-profit organization working to end
sexual and domestic violence.
53 Texas Advocacy Project’s Teen Justice Initiative, http://www.womenlaw.org/program_service.php?pid=14. The Texas Advocacy Project is a non-profit organization dedicated to
end domestic violence. The Teen Justice Initiative is a project that advocates for survivors of teen dating
violence.
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including domestic violence.54 By installing kiosks, Texas could raise awareness about domestic
violence, provide teens with resources, and possibly give teens access to the pro se protective
order packet. These kiosks need not be restricted to public libraries, but could also be set up in
areas where teens frequent, such as schools, malls, and recreational facilities. If this kiosk is too
large of an investment for Texas, a simple booth or station set up at the county court house
specifically designed for victims seeking a protective order would be a good first step. Trained
attorneys or domestic violence representatives could attend these booths to ensure proper filing
of protective orders. Local bar associations or law school organizations could sponsor these
booths and a pilot program could be implemented in a cooperative location, such as Travis
County in Austin, Texas.
B. Educate Officials
1. Lawyers, Judges, Law Enforcement
Appointed lawyers and prosecutors should be educated and informed concerning those
issues that specially affects teen dating violence victims because those lawyers will affect
whether a teen victim will receive a protective order. Tailoring a protective order petition to
address issues specific to each case is important, such as whether the teen victim and batterer
attend the same school, school events, after school clubs, etc.55 Given the technological age, the
petition should specify that a batterer may not contact a victim via Myspace, Facebook,56 or
Karl J. Kendall et al., Serving Disconnected Youth at Phoenix Public Library: A Needs Assessment, Phoenix
Public Library,
http://64.233.169.132/search?q=cache:GmihJvUqs5kJ:www.placonference.org/2008/handouts/1013_253D
egyansky_Kathleen__082991_Mar21_2008_Time_095459AM.doc
54
Lisae Jordan, Esq. et al., THE DOMESTIC VIOLENCE CIVIL LAW MANUAL: PROTECTION ORDERS AND FAMILY LAW CASES
25 (2005).
56 Myspace and Facebook are social networking sites where a user sets up a profile with personal information
and photos and accepts other users to become ‘friends’ with privilege to view and communicate with that
user’s profile. Batterers may use these sites to communicate and harass a teen victim.
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other online social networking websites, as well as via text message, email, or online instant
message. Teens are more apt to be using these mediums of communication, and specifying in a
petition that contact through these mediums is prohibited is an important step of which lawyers
should be aware. Lawyers and judges should also be aware of relevant safety planning
considerations for teen victims. Protective orders should include safety planning while in school,
attending school activities or other special considerations that uniquely pertain to teen victims.
It is also important that teen victims are taken seriously and claims of abuse are
investigated and treated like abuse claims asserted by an adult victim. Many times, authorities
will view teen victims as lacking credibility or fabricating stories for attention.57 This leads to
underreporting of teen dating violence, a lack of trust between teens and authority figures, and a
lack of judicial sensitivity to teen dating violence.58 Educating lawyers, judges, and law
enforcement concerning the significance of teen dating violence is important to ensure they will
begin dealing with such violence effectively.
2. School Officials
Once a protective order is granted against a batterer, certain precautions should be made
to protect teen victims. Studies suggest that teen victims reach out to school officials for
assistance in combating dating violence, but the abuse is often ignored or downplayed.59 Texas
public schools require attendance until the age of 18,60 creating a situation that forces interaction
between a victim and batterer.61 Schools also have a legal duty to provide an environment free
Supra note 6 at 464.
Id. at 465.
59 Christine N. Carlson, Invisible Victims: Holding the Educational System Liable for Teen Dating Violence at
School, 26 Harv. Woman’s L.J. 351, 367 (2003).
60 Nat’l Ctr. For Educ. Statistics, Dept. of Educ., Dig. Of Educ. Stat. 2007, ch 2, Tbl. 157 (May 2007), available at
http://nces.ed.gov/programs/digest/d07/tables/dt07_157.asp.
61 Supra note 53 at 352.
57
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from physical harm inflicted by other students.62 Teenage victims of dating violence are
particularly susceptible to long term emotional and social damage, and teenage batterers who
learn early that the justice system will overlook dating violence are at a greater risk of
reoffending as an adult.63 School officials should be trained in dealing with the particular issues
that accompany dating violence, and know what resources are available to teen victims. One way
to achieve this goal is for the Texas Association of School Boards to include information and
advice concerning protective order enforcement in the packet distributed about teen violence in
schools. Educating counselors, principals, teachers, and administration could prevent future
violence and ensure that victims are protected.
Schools may have additional problems if a protective order is granted against a student in
the same school or classroom as a victim.64 Schools should be prepared to deal with such
circumstances, and if necessary, transfer the offending student to other classrooms or schools.
Schools should also implement appropriate safety plans for teen victims, in case a batterer
assaults the victim while on school grounds. Teachers and students should all be prepared to deal
with violent situations, and to assist victims if the situation arises. Opponents may argue that this
places an undue burden upon schools to arrange non-conflicting scheduling or transportation to
another school, but the burden does not outweigh the potential harm that would be created by an
incident of dating violence occurring on school grounds, possibly with the school being held
liable for failure to protect a victim. Victims of dating violence at public schools may bring a
Title IX claim,65 that the student suffered a “hostile educational environment due to the abuser’s
Id.
Supra note 3 at 579.
64 Id. Carlson argues that some schools may even be held liable for failure to protect teens from dating
violence in schools.
65 Title IX, 20 U.S.C. §1681 (1972).
62
63
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behavior and that the school or district is liable for failure to address the problem”.66 Rural
schools without the resources to bus a student to another school or with limited classroom space
to separate victims and batterers may need to form specialized after-school programs and classes
to ensure enforcement of a protective order. Bronwyn Blake, an attorney for the Texas Advocacy
Project and advocate for the eradication of teen dating violence, is available to answer questions,
form safety plans, and offer advice to schools in Texas concerning enforcement of protective
orders.67 Blake’s technical assistance should ensure that Texas schools are cooperating with the
court ordered protective orders.
C. Teen-Oriented Batterers Intervention Programs
Protecting teen dating violence victims is an important goal, but also important is
providing batterers, especially teen batterers, with specialized treatment aimed towards them.
Studies show that teen batterers are especially willing to downplay dating violence, refusing to
accept responsibility for their actions, claiming that the victim deserved the abuse.68 Texas Code
of Criminal Procedure (CCP) allows for a battering intervention program, contracted with a local
non-profit organization, to be court-ordered for batterers. 69 Contracting with a non-profit that
has a specialized program designed for teen batterers could instill a sense of accountability in
batterers at a young age, more likely preventing reoffending when the batterers get older. 70
D. Make Resources and Programs Available to Teens
Supra note 53 at 371. Carlson argues that dating violence should be included as a form of sexual
harassment at schools, protected by Title IX.
67 Telephone Interview with Bronwyn Blake, attorney for the Texas Advocacy Project in Austin, Texas. (Oct.
23, 2008). Blake leads the Teen Justice Initiative and has worked to obtain justice for teen victims of dating
violence in Texas.
68 Marilyn Gardner, Teaching Teens to Put a Stop to Dating Violence, CHRISTIAN SCI. MONITOR, Mar. 11, 1996, at
12.
69 TEX. CRIM. PROC. CODE Art. 42.141 (2007).
70 Supra note 6 at 466.
66
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It is also important to make those services available to adult abuse victims also available
to teen victims. Access to mental and physical health care, the Crime Victims Compensation
Fund, and treatment and battered women’s shelters as resources should be available and designed
with teen victim’s interests in mind. This would help assure teen victims that the state of Texas is
looking out for their best interests and that teen dating violence is taken just as seriously as adult
dating violence.
Teens should be educated to reduce misconceptions about teen dating violence and
provide a framework for creating healthy, violence-free relationships. Teens are relatively
immature in their approach to intimate and sexual relationships, and many schools are wary to
provide guidance concerning these relationships for fear of offending parents.71 Many teens have
dangerous misconceptions about what is acceptable, possibly leading to sexual or physical
assault.72 Teens need to be aware of what is acceptable and inacceptable behavior in intimate
relationships, not only to protect themselves, but also to set boundaries for potential offenders.
States such as Minnesota and Nebraska have implemented legislation that requires public schools
to initiate programs teaching the importance of preventing dating violence.73 Texas should
follow these states and require some sort of domestic violence prevention program in it’s schools
to prevent dating violence before it starts.
VI. Conclusion
Teen dating violence victims should be included in the Texas Family Code as eligible to
file for a protective order to ensure that the state of Texas is adequately protecting their interests.
Supra note 6 at 466, 467.
Id.
73 Supra note 22. See also Suarez, supra note 6 at 467.
71
72
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Teen dating violence is a problem of epidemic proportion,74 and by protecting teen victims and
instilling a sense of accountability in batterers, Texas will reduce the incidence of and prevent
future abuse. Because teen dating violence has such a great social interest to the state, Texas
should follow the footsteps of other leading steps that have removed the requirement that teens
need an adult to file for a protective order on their behalf.
These recommendations should not be viewed as additional hardships on the state’s
budget or resources, but instead as contributions to a growing problem that affects our nation’s
youth. By taking steps that demonstrate to teens that the justice system will protect them from
dating violence, Texas is maintaining its stand against domestic violence against persons of any
age.
74
Id. at 424.
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