Bad Boys and Their Toys

Emilee Drobbin, JD 2008

After several failed attempts at creative art projects with her Cub Scout troop, my mother finally gave in to the inevitable.... The holiday star ornaments were really ninja death stars and the bamboo flutes they carved were really AK47's. My mom finally concluded that boys will turn just about anything into a toy weapon. Inevitably, many of those same boys that turned everything into toy guns grew up into men that now like to play with real guns. Although women own guns too, statistically 42 percent of men but just 9 percent of women own guns in the United States.

Guns in the hands of men means that they are in the hands of the gender that is responsible for the majority of the acts of domestic violence. In 2001, women accounted for 85 percent of the victims of domestic violence (588,490 total) and men accounted for only approximately 15 percent of the victims (103,220 total). Thus, men make up the majority of gun owners as well as aggressors in domestic violence situations. Consequentially, many acts of domestic violence ultimately end in a gun related homicide.

Having a gun in the home makes it three times more likely that a family member or intimate partner will murder you or someone you care about. But what is even more alarming is in cases of prior domestic violence in the household, a woman is 14.6 times more likely to be the victim of a homicide and in cases where there are one or more guns in the home, a woman is 7.2 times more likely to be the victim of such a domestic homicide.

These kinds of startling statistics were the force behind the passing of The Domestic Violence Offender Gun Ban in 1996. The ban was an amendment to the Omnibus Consolidated Appropriations Act of 1997 which was passed by the 104th US Congress in the Fall of 1996. Officially the ban is known as the Gun Ban for Individuals Convicted of a Misdemeanor Crime of Domestic Violence, 18 U.S.C. § 922(g)(9) and is often referred to as the Lautenberg Amendment after its sponsor, Frank Lautenberg. The Lautenberg Amendment bans the shipment, transport, ownership and use of guns or ammunition by individuals convicted of misdemeanor or felony domestic violence. This law also makes it unlawful to sell or give a firearm or ammunition to such person.

Guns remain in the hands of men who commit domestic violence despite the Lautenberg Amendment's protection. Prior to making possession illegal, the Lautenberg Amendment requires a conviction of the misdemeanor offense of domestic violence. Prior to getting a conviction, the crime has to be reported. Unfortunately, the applicability of the ban to police officers and military personnel has discouraged many victims from reporting the crime. The prohibition of gun possession under the Lautenberg Amendment applies to any misdemeanor conviction in domestic violence; even if the offender's job requires the possession of a gun, such a police officers and military personnel. The result is that many police officers and military personnel generally lose their job after a domestic violence conviction. Many victims of domestic violence choose not to report an offense in an effort to protect their abuser and often the sole source of their family's income. Unreported cases of domestic violence result in guns remaining in the hands of violent men. As illustrated by the above statistics, the likelihood that the situation will escalate into a homicide is greatly increased.

Unfortunately, while the Lautenberg Amendment may provide for some protection from the unproportional threat of gun violence against women, victims still need to take action to report the violence and then get a conviction before the gun can be removed from the hands of the abuser. Ultimately, in order for the Lautenberg Amendment to provide victims of domestic violence from the threat of homicide, the ban on guns needs to take place prior to the conviction. Consequentially, naughty boys should not get to play with their toys.

Hope

Reflection Project by Nicole Lynch, JD 2008

NB: One of our assignments was to complete a reflection project, which could be non-legal, personal reflections based on your interest in domestic violence issues. This project was intended to help tie together the domestic violence issues with our own personal development as a lawyer, and to reflect on those connections in a way to foster our personal and professional development.

DON’T THINK, NOT FOR A MOMENT

STRONG AND CONFIDENT IS WHAT I USE TO BE
THEN, I FELL IN LOVE WITH YOU AND LOST ALL OF ME

YOUR LOVE COST ME A LOT OF PAIN
BLACK EYES, BROKEN BONES, GUILT, AND SHAME
IT WASN'T ALWAYS THAT WAY YOU SEE

IN THE BEGINNING WE WERE AS HAPPY AS WE COULD BE
YOU WAS MY SHINNING STAR, MY HOPES, AND DREAMS
WE WERE WHAT, EVERYONE CONSIDERED THE WINNING TEAM

I REMEMBER WALKING DOWN THE AISLE
HOLDING HANDS AND EXCHANGING VOWS
YOU PUT A GOLD RING ON MY HAND
AND, AT THAT MOMENT I THOUGHT LIFE WAS GRAND

SOON THINGS BEGAN TO CHANGE
I WAS LIVING IN A HOUSE FULL OF PAIN
I LOST MY FAMILY AND FRIENDS FOR YOU
AS I CONTINUED TO BE ABUSED

NEVER DID I THINK THIS WOULD BE ME
A VICTIM OF DOMESTIC VIOLENCE LIKE THOSE ON T.V.
I LEARNED RACE, SEX, AND PREFENCES DON'T MATTER
OR WHETHER YOU VOTE REPUBLICAN OR DEMONCRATIC

I WENT TO COLLEGE, I HAVE A DEGREE
I'M SMART WHY IS THIS HAPPENING TO ME

I STARTED TO THINK IT WAS ALL MY FAULT
CAUSE ALL I WANTED WAS THE ARGUMENTS, FIGHTS, AND BEATING TO STOP

AT NIGHT I WOULD WATCH YOU SLEEP
TRYING TO DECIDE SHOULD I LEAVE AND CREEP CREEP
HOWEVER, I COULDN'T LEAVE WHILE YOU WERE THERE

I THOUGHT BRAVE BUT HAD LOTS OF FEARS
WHO WOULD HELP ME WHO WOULD CARE
WOULD I BE DOOMED TO THIS LIFE OF DISPAIR

I WENT TO A GROUP AND MET SOME FOLKS
WHO ALSO BEEN BEAT DOWN AND SPRITUALLY BROKE

DOMESTIC VIOLENCE CAN'T BE STEROTYPED
TO BLACKS, ASIANS, HISPANICS, OR WHITES

I LEARN THAT IT IS HAPPENING EVERYWHERE
YOU CAN START OFF WITH CONFIDENCE AND END IN DISPAIR
BUT STILL, LOVING ME BY HITTING ME ISN'T FAIR

I WANT MY PEOM TO TOUCH ONE OF YOU
IN HOPES IN HEALING OR STOPPING THE CYCLE OF ABUSE


NEVER THINK FOR A MINUTE THAT THIS CAN'T HAPPEN TO YOU
DON'T BE IGNORANCE, DON'T BE A FOOL
CAUSE I USE TO BE ONE WHO SAID THAT TOO

NEVER EVEN HAD A CLUE
EVEN WHEN I WAS BEATEN BLACK AND BLUE

TODAY I'M A SURVIVOR OF DOMESTIC VIOLENCE
JUST LIKE THOSE FOLKS I WATCVHED ON TV

MY MIND IS OPEN TO A LOT OF THINGS
EVERYTHING IS NOT AS IT ALWAYS SEEMS

SILENCE EQUALS DEATH IN A LOT OF DOMESTIC VIOLENCE CASES
FROM COUNTIRES TO CITIES, TO REGIONAL PLACES

I COULD NOT LEAVE WITHOUT LEAVING A SPACE
IF YOU ARE EVER IN NEED CALL 1-800-799-SAFE

THE VIOLENT CRIME CONTROL AND LAW ENFORCEMENT ACT OF 1994
IS A MEASURE TO ENSURE DOMESTIC VIOLENCE HAPPENS NO MORE

SO DO YOUR PART AND TAKE A STAND
AND LETS CREATE A DV WORLD WIDE BAND

By: Florence B. Cornish, JD 2008

A New Attack on Women’s Freedom

Nicole Lynch, JD 2008

The pro-life movement has found a new strategy for attacking women’s freedom. In Michigan, pro-life advocates and right-wing legislators have passed a new type of anti-choice legislation termed the Coercive Abortion Bills. Other states are also considering such legislation. These statutes, designed to curtail coerced abortions, ultimately put the women they are meant to protect into more danger. These statutes also have the desired impact of targeting abortion providers, many of women are accused of “coercing” women into having abortions.

The recently passed set of Coercive Abortion Bills in Michigan makes it a crime to coerce, force, or otherwise compel a woman to get an abortion. Physicians are required to perform a “Coercion and Intimidation Screening” including, in the consent form, that the woman understands that it is illegal for anyone to coerce or intimidate her to seek an abortion. If a patient indicates that she is the victim of intimidation, the physician must postpone the abortion procedure for at least 24 hours. This is in addition to the 24-hour waiting period already required by the state of Michigan. The screening process also provides the patient with information on contracting local law enforcement, and domestic violence shelters and other support organizations available to her, and notifies her that intimidation is grounds for a civil action. The bills provide for that civil action, and further establish criminal penalties for coercing, intimidating, or compelling a woman to seek an abortion.

While on the surface these bills seem benign, they may cause more harm than good. For example, if a woman seeks an abortion, and is battered, and the batterer does not know or would not approve of the abortion, waiting period requirements could put her in further danger. By forcing a woman to travel to the clinic twice, waiting periods can create a greater threat to a woman whose travel is limited by her abuser. Furthermore, these bills are not written clearly or concisely. This creates loopholes that could allow the prosecution of abortion providers for allegedly coercing women into having abortions. The vague language “compelling” could be used against a provider if they, at any time, give advice to the woman seeking an abortion. For example, if a woman got an abortion against the wishes of her abuser, she could claim that the physician compelled or coerced her into it, thus protecting her from retaliation by her abuser.

Coercion is legally defined as a compulsion by physical force or threat of physical force. However, the lay definition is simply when one is compelled to an act or choice. This term is not officially defined in the Michigan bills. Coercion in a relationship is complex and a simple set of laws making it illegal are not going to change those complexities. Even if a boyfriend, husband, or someone else coerced a woman into having an abortion, she likely would not go through the necessary steps to hold him accountable. A coerced woman would need to 1) tell the physician during the screening process, 2) contact law enforcement and file charges, and 3) go to court and possibly sue her partner. Most women in an abusive relationship would not go through these necessary steps because it would be putting herself in greater danger. The reality is that any woman in an abusive relationship, or who would get an abortion because someone threatened or coerced her, would likely still get the abortion. Furthermore, according to Michigan’s National Organization for Women, sometimes if a battered woman feels coerced into having an abortion it is because child custody laws do not adequately protect battered women and their children, or because current social policies do not allow battered women to feel they have the resources necessary to provide for their children, such as employment.

Pro-life groups claim that many women feel forced by others to have abortions, and that these bills are designed to prevent coercion from escalating into physical violence or even murder (the leading cause of death among pregnant women). However, one must understand the dynamics of an abusive relationship before creating laws designed to protect those in such relationships. It is very unfortunate that many women feel forced into abortions, however, the reality of these relationships coupled with these laws is that women may be in more danger. Abusers tend to escalate their level of violence when they feel they are losing control. If an abuser discovers that his partner might go to the police, or a shelter, he is likely to increase his violence against her to retain control. Often, even once law enforcement has been contacted for a restraining order or other protective measure, they are helpless to protect the women from retaliation by her abuser.

In reality, these laws are an attempt by pro-life advocates to further limit access to abortion. They are supported by “pro-life” groups. Some of those that testified or indicated support for the Michigan bills are: Michigan Catholic Conference, Right to Life Michigan, and Anchor of Hope, to name a few. They are not supported by pro-choice groups or domestic violence advocacy groups. Some of the organizations that testified against or indicated opposition to the bills in Michigan include Michigan Coalition Against Domestic and Sexual Violence, American College of Obstetricians and Gynecologists/Michigan Section, Michigan NOW, Planned Parenthood Affiliates of Michigan, and others.

These laws are aimed at changing a woman’s mind and alternatively “coercing” her into keeping a baby she may not actually want. The waiting periods make her access to an abortion more difficult especially if she is in an abusive relationship. Moreover, the laws themselves are not written clearly or concisely enough to protect abortion providers from prosecution. Moreover, the pro-life advocates that spearheaded these bills refused to include that coercing a woman into keeping a baby was also illegal. If the real goal were to protect women, this additional protection would have been included.

While it is admirable that legislators and organizations want to protect domestic violence victims, these laws merely treat a symptom of the larger problem. These laws would be more comprehensive, and fairer, if they outlawed any type of coercion of reproductive choice – be it a coerced abortion, coerced pregnancy or coerced sterilization, including coercion to continue a pregnancy against ones desires. However, such laws would still inhibit choice and personal autonomy, and laws that create such limitations are ultimately harmful despite possible protective intentions. Far better, is to provide information about domestic violence without the requirement for penalties or waiting periods. In this way, women can protect themselves without being forced to turn in the perpetrator. If a woman is being coerced, she can tell her physician, obtain help from women’s shelters, and involve law enforcement on her own. She does not need a new set of overly restrictive laws, designed with ulterior motives, to protect her, especially when the laws will likely put her at greater risk.

Broken: A Reflection on Domestic Violence

Broken
A Reflection on Domestic Violence

Broken plans
Broken table
Broken bones
Broken dreams
Broken heart
Broken image of the girl I knew
Picking up the pieces…

While reading the stories of battered women, I experienced an intense realization. I recognized something familiar in their stories, something that resembled me. The concept behind this project was to symbolize this realization as well as domestic violence in general.

I included broken mirrors in the center of the mosaic so that every woman and person can see a little of herself in the stories of other woman. Additionally, my piece presents an illusion to the observer. One may see the broken tiles being put back together, while others may see the image breaking apart. The answer: both. Much like the cycle of abusive in intimate relationships, it's difficult to tell just when the pieces have been picked up, or when they have fallen apart…

-- Emilee Gayle Drobbin, JD 2008

NB: One of our assignments was to complete a reflection project, which could be non-legal, personal reflections based on your interest in domestic violence issues. This project was intended to help tie together the domestic violence issues with our own personal development as a lawyer, and to reflect on those connections in a way to foster our personal and professional development.

Domestic Violence and Immigration

Kimberly Kernan JD 2008

Maria, a Mexican citizen, met and began dating Jaime, a U.S. citizen, while in the United States on a visitor visa. Shortly after they began dating, Jaime asked Maria to marry him. With the promise of marriage and an opportunity to secure her lawful permanent residency in the U.S., Maria remained in the country while her visa expired. However, following Maria’s decision, Jaime lost his job at a local restaurant and began drinking on a regular basis. The relationship deteriorated and Jaime began to physically abuse Maria until his shoves when dinner was not ready on time escalated to an incident during which Jaime choked her until she fell unconscious. To make matters worse, Jaime ridiculed her attempts to speak English and refused to give her any money for groceries and household necessities.

When Maria threatened to leave Jaime, he laughed at her. He told her that there was nothing that she could do because she was an undocumented alien. She was not authorized to work, and if she tried to report him to the police, then she would be deported. Maria stayed with Jaime and endured his abuse out of fear of her own forced removal from the country she had come to consider her home.

Perpetrators of domestic violence abuse their victims by maintaining power and control over their intimate relationships. For immigrant victims of domestic violence their abuser’s means of control extends to instilling fear of the U.S. judicial system through threats of removing their dependent immigration status and fear of deportation. For these reasons, immigrant victims are less likely to report abuse or leave an abusive home because they fear deportation or believe that only citizens and authorized immigrants can obtain legal and social services.

Unknown to many immigrant victims of domestic violence, immigration laws have evolved in the last decade and special remedies have been created to assist battered immigrants. In 1994, Congress passed the Violence Against Women Act (VAWA) which made significant progress in reducing violence against national and immigrant women. In 2000, new VAWA legislation created an additional visa, the U-visa, for victims of serious crimes. The U-visa is available to victims of domestic violence and includes battered immigrants who were never married to their abusers and lesbian and gay victims of this horrible crime. In return, a U-visa applicant must certify that they will help in the prosecution of their abuser. While the federal government has not promulgated rules for issuing the 10,000 U-visas available annually, local Citizenship & Immigration offices have been directed to grant interim relief to U-visa applicants.

The U-visa greatly inhibits an abuser from controlling a victim’s legal status. However on December 17, 2005, Congress enacted additional legislation to eliminate obstacles to a battered immigrants safety. A victim of domestic violence may now apply to change status to a U-visa regardless of the nonimmigrant visa on which the victim entered the country. Thus, an immigrant victim may apply for a U-visa without having a legal right to residency in the United States under traditional immigration laws. Furthermore, a battered spouse of a nonimmigrant may obtain authorization to seek employment with an approved VAWA petition. Additional remedies created by the newest VAWA legislation include a “Battered Spouse Waiver” that allows dependent nonimmigrant victims an opportunity to apply for permanent lawful resident status without her batter’s cooperation. These provisions help to alleviate immigrant victims of their financial and status dependency on their abuser.

The most important improvement of the new VAWA legislation is the guarantee of legal services to aid immigrant victims of domestic violence regardless of their current status in the country. First, this provision explicitly includes all immigrants in the U.S., including those who entered the country illegally or are currently undocumented aliens. Second, the legislation allows federally-funded programs, such as free legal clinics, to provide these services.

Today, under federally-mandated exceptions to immigration laws, battered immigrants do not have to live in fear that leaving or reporting their abuser may result in their own deportation. However, a huge challenge still exists to eliminating abuser’s empty threats. Battered immigrants and their advocates must be made aware of the special exceptions that have been carved-out to stop the perpetuation of domestic violence. The interaction of immigration laws and domestic violence situations can be complicated, but it is essential to recognize that knowledgeable counsel can help an abused immigrant to find an appropriate remedy in the judicial system without inadvertently harming the victim.

If Maria had only known about the remedies available to her she would not have had to live-out her life in constant fear of her abuser and the system that kept her there. Despite Maria’s illegal immigrant status, she may apply for one of the 10,000 U-visas distributed annually, which would allow her to stay in the United States, to work, and after three years apply for her lawful permanent residency.

For more information on available remedies for battered immigrants visit www.legalmomentum.org. and information regarding application procedures can be obtained at www.uscis.gov.

How Young is Too Young?

Natasha Moodie, JD 2008

While working on a group advocacy project, which involved creating a Girl Scout patch that raised awareness about domestic violence, I mentioned to my friend that our goal involved raising awareness about this issue with young girls, ranging from elementary school to teenagers. My friend questioned whether I should approach young children with such an emotional and mature topic. I asked her for suggestions of how my group should discuss this topic, but she didn’t have an answer. This is exactly the problem that advocates seeking to end domestic violence face. Domestic violence is problem that affects thousands of families throughout our country and if the topic isn’t discussed, the violence will continue to affect thousands more.

Children that are raised in domestic violence homes are more likely to be more aggressive than other children. Some of those children have increased internalized behavior difficulties like isolation and low self-esteem. Another effect domestic violence has on families is that boys who grow up witnessing the abuse of their mother by their father are more likely to become an abuser as an adult; female children are more at risk of suffering sexual abuse and are more likely to become a victim of domestic violence. If we refuse to talk to our youth about domestic violence and these statistics, then it will be hard to hold them accountable in the future and prevent the endless cycle from reoccurring.

According to the American Bar Association, each year there are 3.3 million children growing up in households with domestic violence. These children live in constant fear of their caretakers, which often creates confusion and instability in the home. Unfortunately, these children witnessing the abuse don’t believe anything is wrong with the violent behavior.

What is the proper age to teach young children that abusing a person is wrong? Is this topic something that is too complex for a child to understand? Or is this something that adults don’t want to discuss because it is too sensitive for themselves as well as the children. How do you tell a child that it is wrong for “daddy” to hit “mommy,” when all family members are still performing the same roles and duties? It may be very confusing for a child to understand and absorb, but providing children with access to resources about domestic violence may help in the long run.

There are a number of ways that we can teach our children that violence is wrong while instilling hope for children in a domestic violence household. As adults, one of our main goals should include helping children to access resources for a safer environment. One way includes educating teachers and guidance counselors about the effects domestic violence has on school age children and making sure that they know how to access resources that may help the children.

By discussing this issue with your local school district, both groups can partner together to develop a plan to educate teachers and counselors. One way can include requiring all teachers to attend a domestic violence-training seminar that could be partnered with a local domestic violence agency or shelter. This training will ensure that teachers and counselors have enough resources to provide children with another outlet to create a safe haven for themselves.

By talking to individual schools about domestic violence, one can begin the discussion about this topic and ensure that resources are available for the students at that particular school. Many domestic violence agencies will provide the schools with pamphlets; leaflets; brochures; and some representatives will visit a school to talk to the children. You can even assemble a folder or a binder with assorted resources from different agencies in your town and give it to the schools. Many schools that don’t have any resources readily available will welcome any advice and assistance on improving domestic violence discussions with school children.

Creating a class assignment about violence could be a subtle way to begin a domestic violence discussion. An excellent way to start the raising awareness in children of all ages is creating a safety plan. This plan will list names and phone numbers of people that the child will trust and call when they are afraid or feel unsafe. Also included are the phone numbers for emergency contacts and a list safety exits from the home.

Educating children in abusive and non-abusive households will create awareness that domestic violence should not be tolerated and that it can be stopped. By educating our youth, we may be able to lessen the rate of domestic violence in families. A majority of domestic violence cases are cyclical and we can break the cycle with education no matter how young they are.