Domestic Violence Law Seminar
Fall 2015
DRAFT. PLEASE NOTE THIS IS SUBJECT TO CHANGE.
A final syllabus will be provided to students shortly after the first class.
Professor Amy Myers
Office: Room 462
Phone: (202) 274-4484
Email: amyers@wcl.american.edu
Office hours: TBD and by appointment
Administrative Assistant: Hilary Kelly, Room 417, hkelly@wcl.american.edu
COURSE DESCRIPTION
This two-credit seminar will cover the theoretical, social, and legal implications of domestic
violence. Students will examine the evolution of civil and criminal justice system interventions,
the legal and psychosocial theory informing the state’s approach to domestic violence, and the
future directions of domestic violence law and policy. We will consider the intersection of
survivors’ experience of domestic violence with issues of race, gender, class, sexual orientation,
and immigrant and indigenous status. The course will include simulation and practice exercises,
court observation, written assignments, and a presentation to the class, which may be
collaborative.
READINGS AND ASSIGNMENTS
The required textbook is Nancy K. D. Lemon’s Domestic Violence Law, 4th Ed (Thomson/West
2013), and additional readings can be found on the course’s myWCL page. I will post an
assignment sheet, listing readings and assignments for each class on MyWCL on or before
Tuesday of the preceding week. Please note that several assignments are due before class, so
read each assignment sheet carefully and give yourself plenty of time to complete assignments.
ASSESSMENT
In-class participation: 10%
This seminar will be successful if everyone contributes thoughtfully to class. Every student is
expected to contribute at least once during each class meeting. Many class sessions will provide
a number of ways to participate, including in small groups discussions. If you are uncomfortable
speaking up in the full class, I encourage you to talk with me.
Because class will largely center on discussion, attendance is mandatory. We will often have inclass exercises in groups, and surprise absences complicate the groupings and disadvantage your
classmates. If you cannot attend class, let me know as far in advance as possible. I will assign a
make-up assignment for missed classes.
Simulation and practice assignments: 40%
There are a number of assignments associated with simulations. You’ll submit some of these in
writing (for example, writing a petition for a protection order). Others will involve in-class
exercises or presentations in class (for example, making a closing argument in a civil protection
order case).
Courtroom observation: 10%
You will observe a criminal or civil protection order hearing in D.C. Superior Court and write a
reflection memo about your observations.
Response papers: 30%
Every student will write two-page response papers, reflecting on the readings, for five classes
between weeks 2 and 11. Classes for which you will write response papers will be assigned
during the first class.
Policy and law reform exercise: 10%
The final class will revolve around your proposals to change law or policy that affects survivors
or perpetrators of domestic violence. In preparation for the class, you will submit a proposal for
change, and review your classmates’ proposals. During class, small groups will present
proposals to the class for consideration. I will provide more information about the assignment
and exercise as we near the end of the semester. Throughout the semester, you might note ideas
for policy changes as they occur to you.
LAPTOP POLICY
Significant research shows that use of a computer during class interferes with learning, reduces
retention of material, and diminishes classroom participation. It also shows that taking notes by
hand increases learning and retention. Therefore, if you would like to use a laptop, tablet, or
other electronic device during class, you must talk with me ahead of time. Approval will be
given on a case-by-case basis, and you may seek it for individual classes. Approval must be
obtained at least two days before the class session for which it is sought. Let me know if I may
help your experience in class by recording class, providing powerpoints, etc.
SYLLABUS
Please note that this schedule is subject to change as student interest and class discussion dictate.
Changes will be reflected in the assignment sheet posted each week on MyWCL.
Understanding domestic violence
Week 1: Introduction to intimate partner abuse
The first class will address the dynamics of domestic violence. As we discuss the types of abuse
used against partners and their harms, we will develop a definition of domestic violence.
Readings: From Lemon, Chapters 1 & 2; additional readings on MyWCL.
Assignment: A brief written response to the readings will be assigned, which you’ll bring to
class. (There is no assignment due before class.)
Week 2: Framing domestic violence and designing a response
We will consider possible ways to frame or understand domestic violence and consider how
various frames lead to different responses by the state, communities, and individuals. Class will
also involve a simulation in which you have the opportunity to put yourselves in the shoes of a
domestic violence survivor.
Readings: From Lemon, Chapters 1 & 14; additional readings on MyWCL.
Assignment: You will bring a brief written assignment about frames for domestic violence to
class.
Intersectionality, identities, and the experience of domestic violence
Week 3: Sex, gender identity, and sexual orientation
We will discuss the gendered dynamics of domestic violence and their significance for a state
response, considering arguments that DV is highly gendered and those that assert that domestic
violence is gender-neutral. We will address abuse in both same-sex and mixed-sex relationships.
Readings: From Lemon, Chapters 2 & 4; additional readings on MyWCL.
Week 4: Race, immigration status, indigenous survivors, and class
This class will explore the role of race, immigration status, indigenous identity, class, and
cultural identities in the experience of domestic violence, with a focus on prominent stock stories
in the law about minority groups and violence in the family.
Readings: From Lemon, Chapters 2, 3, & 16; additional readings.
Assignment: In small groups, you will consider various aspects of survivors’ experience of DV
and present them to the class.
State responses to domestic violence
Week 5: Introduction to state responses; “domestic violence courts”
This class will begin to explore states’ various approaches to domestic violence through legal
systems. We will consider the goals of the anti-domestic violence movement and how those
goals have been accomplished (or not) through state action.
Readings: From Lemon, Chapters 12 & 14.
Assignment: An essay discussing your observations of “domestic violence courts” is due the day
before class. (See memo for details of assignment.)
Week 6: Criminal interventions
This class will evaluate the criminal justice system’s most common interventions in domestic
violence. We will focus on police and prosecutors and their discretion in addressing DV and
judges’ sentencing of perpetrators.
Readings: From Lemon, Chapters 3, 10, 11, and 12
Assignment: In role, you will be asked to make a decision about the criminal justice system’s
intervention in a survivor’s life. In preparation for that decision-making, you’ll submit a list of
information you need and factors you will consider in your decision by Monday at noon.
Week 7: Civil protection orders
We will discuss the civil protection order as a resource for survivors, considering their uses, their
effectiveness, and their limitations.
Readings: From Lemon, Chapter 6.
Assignment: Find the statute authorizing civil protection orders from your home state or
jurisdiction. Submit the statute and a brief written assignment by Monday at noon.
Week 8: CPOs, continued
We will review your petitions in class. Part of the class will also involve discussing and
presenting closing arguments in a CPO case.
Readings: D.C.’s Intra-family Offenses Act and the D.C. Superior Court’s Domestic Violence
Unit Rules (available on MyWCL).
Assignment: Work with a partner to draft a petition for a civil protection order for one of the
survivors we have discussed in class. The petition is due the day before class.
Week 9: Prosecutions of survivors; defendant’s arguments
Class discussion will address criminal prosecutions of survivors, especially those who kill their
abusive partners. We will also consider the defenses available to perpetrators of domestic
violence who are charged with abusing their partners.
Readings: From Lemon, Chapters 11 & 13; additional materials.
Week 10: Custody and abuse & neglect cases
The impact of domestic violence and being parented by an abusive partner, and the appropriate
state response to this impact, are the subject of much debate. This class will consider how the
law addresses domestic violence in custody cases between a survivor and an abusive partner, and
in abuse and neglect cases brought by the state against survivors.
Readings: From Lemon, Chapter 7; additional materials.
Assignment: With a partner, prepare brief closing arguments for a custody case or abuse and
neglect case that involves domestic violence. The day before class, you will submit your case
theory for your argument. You do not need to submit your arguments to me.
Week 11: Immigration; torts and other causes of action
This class will first consider immigration law and status as it affects survivors and perpetrators of
domestic violence. It will then discuss torts and other civil causes of action available to
survivors and how well such cases address the harms survivors experience.
Immigration readings: From Lemon, Chapter 17; additional materials on MyWCL.
Civil causes of action readings: From Lemon, Chapter 5; additional materials on MyWCL.
Assignment: Identify civil causes of action for one of the survivors in the readings and what
harm they seek to remedy. Submit them the day before class.
Conclusions
Week 12: Catch-up; topics not yet addressed
Week 13: Representing survivors and perpetrators of violence
We will discuss attorneys’ representation of survivors of violence or their perpetrators,
considering issues such as interviewing and counseling trauma survivors and ethical questions.
Readings: From Lemon, Chapter 15; additional materials on MyWCL.
Assignment: Submit a brief written assignment about challenges and joys in representing and/or
advocating for survivors or perpetrators of DV.
Week 14: Visions for the future: policy and law reform exercise.
Readings: From Lemon, Chapters 2 & 8.
Assignment: There are several parts to this assignment. (See memo for details of assignment.)
First, draft a proposal for policy or law reform and submit it a few days before class.
The following day, I will send you several proposals from your classmates, which you
will need to review before class.