Judges in the Classroom Lesson Plan

Domestic Violence

Source:

Adapted by the Institute for Citizen Education in the Law, Seattle, WA, from Street Law: A Course in Practical Law (6th ed.). Staff at the Washington State Office of the Administrator for the Courts (OAC) updated the lesson in 1999. For more information, contact OAC Judicial Education, 1206 Quince Street SE, PO Box 41170, Olympia, WA 98504-1170.

Objectives:

1. Students will understand that domestic violence/dating violence is a crime.

2. Students will perceive that there are many causes for the problem of domestic violence and dating violence.

3. Students will identify Washington laws that protect victims of domestic violence.

Grade Level:

Grades 9-12

Time:

One class period (approximately 50 minutes)

Materials:

Nine copies of Handout 1 (Domestic Violence Simulation)

Procedures:

1. Begin the class by introducing yourself and telling a little bit about what you do, if this is your first class. Then, tell students they will consider today the crime of domestic violence (in this case, spouse or spousal abuse). Ask for nine volunteers to take part in a simulation or scripted roleplay. Take the students who have volunteered aside and assign roles. The roles are: Bob, Tanya, Arlene, Dr. Ray, Michele, Susan, Tom, Police Officer, and Lona. Give the players time to quickly review their parts.

Note: This lesson assumes the teacher has already introduced the topic of family law. No other prior introduction is necessary for this lesson. Obviously, the topic is a sensitive one, and the judge and teacher should keep in mind that some students may be victims of abuse or may have witnessed abuse in their homes.

2. Ask the role players to come to the front of the room and enact the simulation; the simulation should take 5-10 minutes. Afterwards, give the players a hand and ask them to take their seats.

3. Ask the class for reactions to Arlene and Tom's situation. It is helpful to begin by asking the "actors" how they felt playing their parts. Assist them in separating themselves from the roles that they had played. Did it seem realistic? Why or why not? (You may want to point out that while most victims of abuse are women, there are cases of women abusing men, women abusing other women, and men abusing other men.) Domestic violence refers to violence in intimate relationships. Allow 10-15 minutes for this discussion.

Note: The simulation is designed to emphasize the lack of support and understanding that victims of abuse often face. If students find the situation unrealistic and cannot understand why Arlene would have stayed in such a situation, take the time to brainstorm reasons why victims of abuse stay with the abuser. Responses include hope that things will change, love for the abuser, isolation, loss of self-esteem, self-blame, financial dependence, children, religious convictions, and fear.

4. Tell students that an incident of domestic violence occurs once every 20 minutes in King County (according to a May 1991 Seattle Times article). According to a study by the FBI, 52% of all women murder victims are killed by husbands, ex-husbands, and boyfriends. Relate how the issue of domestic violence affects the cases that come into your courtroom.

5. Lead the discussion toward an examination of what Arlene's options are. What can she do? What laws protect her? Spend 20-25 minutes on this discussion.

6. Explain to students that while the criminal justice system and other laws are in place to assist victims of domestic violence, the system itself is often unable to follow through. For example, while the King County police receive a domestic violence call every 16 minutes or so, only half of those phone calls result in police reports and fewer than one in five cases go to court.* The abuser is found guilty in about one case in 20. The reasons for this include: 1) system overload -- too few prosecutors, victim advocates, and judges; 2) victims are unwilling to testify against the batterer; and 3) batterers avoid arrest by leaving before the police arrive, and police and prosecutors are too busy to pursue them.

7. The teacher should follow this lesson with a discussion of child abuse and laws to protect victims of child abuse.

• Seattle Times, page A1, May 8, 1991.

Information on Washington's Law, RCW 26.50.010 et seq. for Class Discussion:

Washington state law has special protections for victims of domestic violence. While the term "spouse or spousal abuse" is often used, Washington's domestic violence laws protect individuals who are being abused whether the abuser is a spouse, former spouse, someone you live with or used to live with, someone you are related to by blood or marriage, someone with whom you have a child, or if you are 16 years old or over, someone with whom you have or had a dating relationship.

"Abuse," as used in the law, means that the person is threatening to hit one of the above, hitting that person, or restraining the person's freedom of movement.

A person who is being abused can seek help either through the criminal justice system or the civil legal system. If an attack is taking place, the best thing to do is to call the police. The police must take a report, inform the victim in writing of her or his rights as a domestic violence victim, and make sure s/he is not in continuing danger. The police should have information about shelters and other community resources to help abused persons. The police must also offer or arrange for transportation to a hospital if necessary or to a shelter or other safe place. It is not necessary to decide whether or not to press charges at the time the police come to the home.

The police must also inform the victim that there is a statewide 24-hour toll-free hot line with information about shelter and alternatives to domestic violence. That number is 1-800-562-6025. Also, the Washington State Coalition Against Domestic Violence, 8654 Martin Way #103, Lacey, WA 98516, (360) 407-0756 is a resource.

If the victim does not call the police at the time of the incident, s/he may report it later and ask to press charges at that time. The prosecuting attorney has the authority to decide whether or not to file charges against the abuser. If the prosecutor decides not to press charges, the victim is entitled to notice and the right to request the filing of charges.

If charges are filed, only the prosecutor has the authority to drop them. The victim is a witness and has no control over the case. It may take weeks, or even months, for the case to come to trial. The judge may issue a "no-contact" order, which orders the abuser not to contact the victim by phone or in person prior to the trial.

If the case does go to trial and the abuser is found guilty, the judge can issue an order requiring that the abuser get a perpetrator and alcoholism treatment, if there was alcohol involved. The abuser can also be ordered to pay the victim for any medical expenses or property damage. The judge may put the abuser on probation and can extend the no-contact order if the victim is in fear of future abuse. The judge can also order jail time, which may be suspended.

Information on Federal Violence Against Women's Act, for Class Discussion

In 1994, the U.S. Congress passed a major crime bill that included the Violence Against Women's Act. This law makes it a federal crime to cross state lines with the intent to harass or batter another. In addition it funds new rape and domestic violence shelters, training of police, prosecutors, and judges to better identify, understand and respond to violent crime, and establishes a national hot-line on domestic violence. This national toll-free hot line is reached by calling 1-800-799-7233.

Information on Washington's Law, RCW 26.50.010 et seq. for Class Discussion (Continued):

The civil legal system can offer help to victims of domestic violence by issuing an Order for Protection. An Order for Protection can be obtained without a lawyer. There are two types of orders -- emergency orders, which last for up to two weeks, and full protection orders, which last for up to one year. There is no filing fee for orders of protection. An Order for Protection can command the abuser not to threaten, harass, or molest the victim; it can exclude the abuser from the home for up to one year. The order can also award temporary custody of children and order that the abuser get perpetrator treatment. An order may be issued by any municipal, district or superior court, but only the superior court can award custody of children or order the abuser to move out of the house.

If the victim is married to the abuser, or has children with him, and is bringing an action for dissolution, legal separation, or to get custody of a child, a Temporary Restraining Order (TRO) can be issued as part of that case. The Temporary Restraining Order provides the same protection as an Order for Protection, except that there can be no order for counseling. A Temporary Restraining Order can, however, award temporary child support and temporary use of property such as a car.

If the abuser violates an Order for Protection or a Temporary Restraining Order, the police must arrest him. Of course, these orders will only be enforced if the victim calls the police to report any harassment or abuse. Again, actual enforcement of these orders can be difficult.

Handout 1
Domestic Violence Simulation*

TANYA:	So, Bob, have you seen Arlene lately? Huh? Well look...she's got bruises all over her arms and one of her arms is broken and she's got a black eye. So whatdaya think?
BOB:	So? I mean... What are you saying? Maybe she walked into a door or something.
TANYA:	Oh come on, a door? You know, their house is too far away to hear anything...but I got this feeling that Tom beats her. She says she fell down the stairs and one of her kids poked her in the eye...but you don't get a black eye like that from a four-year-old...and...I don't know...maybe we should call some agency or the police or something...whatdaya think?
BOB:	Yeah, right...that's just what we need! Some stupid government agency or the cops! How do you KNOW she's not telling the truth? Huh? Maybe she is and anyway if she wanted us to know what's really going on she would tell us. I say MIND YOUR OWN BUSINESS... and DON'T GET INVOLVED. If anything is going on you might make it worse. OK? So just stay out of it!!
TANYA:	Well...all right, but...I don't know...

Arlene at the Doctor's office

ARLENE:	Look Dr. Ray, this is very hard for me to say... I've never told anyone before...and it's embarrassing...but I can't take it anymore...my husband... Tom...he just goes crazy sometimes and beats me. It comes out of nowhere...he just goes nuts and starts hitting me with his fists...he's thrown me down the stairs and into walls...and now he's broken my arm...sometimes it's so bad I can't even leave the house. I mean...I hurt so bad I can't get around much...after he beats me he runs out of the house and stays away for a few hours...sometimes for days...I lie to the kids and my friends about what happened...I think my sister knows what's going on, but I don't know. Then he comes back and promises me he'll never do it again and he's sorry and he doesn't know what happened or why he acts that way...he sometimes brings me presents...he says he's trying to get better...and I believe him...but he hasn't and...I never know when he's going to go off about something and start hitting me...I need some help, Doctor.
DR. RAY:	Well, Arlene...are you sure you haven't done something to bother him?
ARLENE:	No.... I mean yes.... I don't know...it just comes out of the blue.
DR. RAY:	Well, now, now, Arlene... you know Tom works very hard for you... and he's tired, he's struggling to make ends meet, to put you through college, to provide for the kids, to pay the rent. I mean to say.... he has stress at work and at home. Have you REALLY tried to help him? Maybe you're not understanding enough...maybe you don't know how you seem to Tom...you seem a little nervous to me...I think you're probably so wrapped up in going to school and your own life that maybe you don't give him enough love or compassion. Now,...I want you to take some of these sedatives here and try to be a little nicer to Tom. I'm sure that will stop you from doing anything to upset him.

Arlene on the telephone with her sister, Michele

ARLENE:	Hello.
MICHELE:	Hi, Arlene, it's me. Gee, what took you so long to answer the phone? Why are you home anyway? I thought you had class today. I was just going to leave a message for you.
ARLENE:	Oh, it's nothing... I...uh...just feel kind of sick today, you know...I think maybe I have a cold or something.
MICHELE:	You looked fine to me last night. Arlene, is something going on with you and Tom? You always have those bruises on your arms. Yes, I've seen them. You always seem to be sick or something, and you had a lot of make-up on last week, but it still looked like you had a black eye. Is Tom beating you? Is that it?
ARLENE:	Well... it's not really like that... it's kind of my fault I guess... the doctor says so anyway. I don't know....
MICHELE:	Don't lie to me, Arlene. I knew that Tom was beating you. He's probably been doing it for years, hasn't he? And it is that bad! I know how often you miss school...or wear those big, baggy sweats when it's 80 degrees out. Arlene, you've got to do something about it. I don't care what that quack doctor says about it being your fault. It's not! You've got to do something about it.. before he kills you or the kids. You could call a social worker or one of those hot lines for abused women...they know how to help you.
ARLENE:	You don't understand, Michele. It's not that easy.... It'll probably just make it worse... If Tom ever knew I told anyone....I have to go...

Arlene talking to the Social Worker, Susan, at the Social Services Agency

SUSAN:	Arlene, LISTEN TO ME. You're here for my advice, right?
ARLENE:	Yes, but...
SUSAN:	OK. So listen....you have to try and find a way to control these beatings. Look, I've been a social worker for 15 years and I've seen this before, believe me. Now...I know he needs help...but you've got to stop and ask yourself: "What am I doing to bring this on?" Now...are you talking back to him? I mean...we both know men can be pig-headed...but you can control them if you know how.
ARLENE:	But, uh...I try to be nice to him...I don't know what else to do.... He just goes off all of a sudden.
SUSAN:	Just try to be good to him. Give him a break. Serve dinner on time and bring him his slippers once in a while. You know what I mean, Arlene? I'm sure he'll respond.

Tom, alone

TOM:

So I beat my wife. I'm sorry. I'm not really a bad person. I know I shouldn't...and I'm trying to control myself. I read those books about feelings and stuff, the ones by the checkout stands.... I really do try to stop...but sometimes she just does things that drive me up the wall... and she knows. The other week she serves me dinner FIVE MINUTES LATE...then she gives me this look...and she KNOWS I NEED DINNER ON A REGULAR SCHEDULE! WHY DOES SHE DO IT? Here she is going off to school, and forgetting about my needs. I come home, and have no idea where she's been all day, or who she's been with. Look, I know how to take care of this.... I saw my father handle my mother pretty good...and my mother made sure to have dinner on the table and ON TIME! or else! ... OK... that sounds kind of macho or something, but it's just a little slap or something like that... not much... just to keep her in line, that's all. I'm the Man...you know? Anyway, what else am I supposed to do?

Police at the door, after a beating

POLICE:	Okay, Ma'am, just tell me what happened.
ARLENE:	Well,... Tom, that's my husband, he just went crazy and started beating me.
POLICE:	How long ago did this happen?
ARLENE:	About an hour ago, I guess. He left with my car. That's when I called.
POLICE:	Why'd he beat you?
ARLENE:	I don't know. I brought him his slippers and he accused me of trying to hide something because I was being good to him. He dumped out my purse and tore everything apart. He said I must have done something wrong and he wouldn't believe me when I said I hadn't.
POLICE:	Well, there's not much I can do about it right now. You seem to be safe anyway... We'll file a report.
ARLENE:	Then what?
POLICE:	Well, we'll file a report, and arrest him if we can find him. Then he'll probably be released within a few hours. The prosecutor will decide whether or not to press charges. We'll need a statement from you.
ARLENE:	Oh, Tom would really go crazy if arrested. Can you just forget about this?

Arlene, talking on the telephone to Lona, a counselor at the battered women's shelter

ARLENE:	Oh, I need somebody to talk to. My husband just beat me up.
LONA:	That's what we're here for. First, are you in any danger right now?
ARLENE:	I guess so. He just left, but I never know what he'll do when he comes back. Do you have room for me and my two kids -- just for a week or so?
LONA:	Yes, we do. Can you get a taxi? I suggest you get out of the house as soon as possible. We can discuss your options once you get here.

* Simulation adapted from lesson written by UPS Street Law student Larry Knappert, Spring 1991.