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Family
Violence Seminar
Professor Barbara Glesner Fines
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Law 751S – Spring 2008
Course meets Wednesdays 3:30 –5:20.
Instructors:
Barbara Glesner Fines
Office: 1-511 Holmes Suite
Contact info: (816) 235-2380 (voice),
(816) 235-5276 (fax) or glesnerb@umkc.edu
Mary Weir
Contact info: mweir@hopehouse.net
Texts:
Text:
Domestic
Violence Law by Nancy K.D.
Lemon (2nd ed 2005)
& Course supplement (all students should purchase the
Missouri Statutory Supplement at Roo Prints)
Course Goals:
1. To assure that students possess a thorough understanding of the dynamics
of intimate partner violence and its comparison to other forms of family
violence
2. To assure that students possess a thorough
understanding of the laws relating to intimate partner violence
3. To appreciate the necessity of
interdisciplinary responses to address domestic violence and to perceive the
role of political and cultural institutions in influencing societal and legal
responses to domestic violence.
4. To
increase the student's understanding and empathic response to domestic
violence victims
5. To increase the student's knowledge of
identification and response strategies for attorneys in a wide range of
practices.
6. To increase the student''s knowledge of
available community resources
My
personal course goal:
________________________________________________________________________
Expected Learning Outcomes
1. Ability to explain all laws relating to
domestic violence in relation to:
·
divorce,
custody, visitation and relocation
·
termination
of parental rights and criminal child abuse and neglect
·
adult
and child orders of protection
·
criminal
prosecution of general crimes and specialized offenses against the family
·
the
defenses available to battered women as criminal defendants
·
the
potential liability of police and employers who fail to protect victims of
domestic violence
3. Ability to critically examine the popular
reporting of research concerning domestic violence
4. Ability to conduct a screening interview and
provide safety planning for victims
5. Ability to counsel victims on the available
resources in the community and the advantages and disadvantages of various
courses of action
6. Ability to assist a victim in obtaining a
protective order
7. Ability to counsel a victim on the implications
of raising issues of domestic violence in a divorce or custody proceeding
8. Ability to prepare evidence for criminal or
civil trial involving issues of domestic violence
9.. Ability to research topics related to family violence
and produce an acceptable paper on a specific topic.
10. Ability to critically reflect on observations
of the legal system’s response to domestic violence and make suggestions for
policy improvements
COURSE REQUIREMENTS
·
Students are expected to be prepared for each class. There are written class preparation
assignments for seven of the thirteen classes.
·
Students are expected to contribute quality comments and questions
to class discussion and to give respectful attention to the comments and questions
of others.
·
Students must pass an examination on their basic competency in the
subject of domestic violence. The
examination will be an in-class, closed book exam. Students who fail to achieve a score of 70%
on the exam must repeat the exam before the end of classes.
·
Students will prepare a short research memorandum on a special
topic and present that topic to the class.
Students may combine their presentation with others if they have related
topics, but students should prepare their own papers.
o
Papers should be between 8-10 pages and have a minimum of three
sources.
o
The
memorandum must clearly identify the specific issue or question to be
addressed, rather than simply reporting on a subject.
o
The memorandum
must provide thorough analysis of the issue presented, exploring and resolving
competing arguments).
o
The
memorandum must reflect thorough research of primary authorities and the proper
use of those authorities to support arguments raised. Citation form for authorities must be
consistent, complete and accessible.
o
The
memorandum must be organized, coherent, and written in clear, concise, simple,
precise language.
·
Students should complete at least two different field observation
experiences (e.g., observing a protective order docket, a criminal case
involving domestic violence, touring a domestic violence shelter, attending a
victim advocacy session). Students who are working for pay or
participating in a clinic program may not count those hours as field
observations. For each observation experience, the
student should complete a report
o list the date(s), time period, location and
contact person for each separate field observation.
o Summarize key observations and reflections
gained from the observation.
o Reports need not be elaborate; consider 2-5
pages as appropriate length, depending on how many hours and how interesting
the observations.
GUIDELINES FOR CLASS DISCUSSIONS
Given the prevalence of
family violence in our society, it is more likely than not that some students
in the class will have had personal experiences of violence. For all of us, but especially for those of
use who have experienced traumatic violence, it is difficult to distance
ourselves from our own experiences to achieve some objectivity in evaluating
opinions and ideas that run contrary to our own understanding.
- We will maintain a respectful, even formal if
necessary, tone in our classroom discussions.
- We will listen carefully and respectfully to
the ideas our colleagues offer. We
will not hold side-bar conversations, interrupt, or surf the internet for
weekend entertainment plans.
- We will examine ideas not attack people.
- We will not personalize our disagreements or dissents
and will try not to take personally the disagreements and dissents of
others.
- We will contribute our ideas and questions to
support and further the learning of the entire class.
Some
students may find certain material very difficult emotionally. You are welcome
to integrate personal experiences into class discussions and reaction papers.
Please feel free to communicate with us, in person, by phone or via email, if
you think we could help. However, neither of us are competent to provide in-depth
counseling for students. Further, the
classroom is no substitute for therapy. You are encouraged to seek help. Some helpful contacts include:
·
UMKC Counseling Service 816-235-1635
·
Battered Women’s Hotline & Shelter 816-861-6100 (
·
Child Abuse & Neglect Hotline 1-800-392-0210
(National)
·
Metropolitan Organization to Combat Sexual Abuse
(MOCSA—Rape and Sexual Assault Services) 816-931-4527 (
·
Parents Anonymous 816-474-4588 (
·
Rape Crisis Line 816-531-0233 (
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Elder Abuse Hotline 1-800-392-0210 (National)
READING ASSIGNMENTS
Some notes about pacing and assignments: There is a lot of reading to be done in this
class (an average of 50 pages a week); however, you will find that much of it is
compelling reading and only a small percentage is the typical doctrinal fare
you have been digesting in many law classes.
Several weeks require reading a set of statutes – for the most part you
need only read through the statutes to get the big picture, we will concentrate
our attention on only a small portion of the set. Do not discount the
importance of historical, sociological, psychological, or narrative reading
assignments – they are all critical to your understanding the essential topic
we are studying. Pace your preparation
for class out through the week – do not expect this is a class you can read for
in the hour or two before class. To
assist in your class preparation, some classes have worksheets for you to
complete before class. You should write
out the answers to the questions on these worksheets. Worksheets will ordinarily be collected at
the beginning of each class, so make a copy for your use in class discussion.
The schedule of reading assignments below
indicates the order in which we will approach topics in the course. We will have a variety of class activities:
discussions and debates, lectures and guest speakers, simulation exercises and
videos, and yes, even good-old fashioned quizzes. Your class participation is an essential component
of your learning and you are expected to actively contribute to the learning in
the class.
If you are confused about topics or readings,
please ask for clarification or assistance.
If you are especially enthused about a particular topic and want to learn
more, let us know. Most especially, if
you are stuck on the writing assignment or in arranging observation
experiences, ask early and often for assistance. The 13 weeks go by far too quickly to lose a
week or two to inertia.
SYLLABUS
|
Date |
Topic |
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Jan 16 |
I. History &
Overview Read Text pp.
1-37 Study MCDAV, The
Nature & Dynamics of Domestic Violence |
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Jan 23 |
II. Dynamics of
Abusive Relationships Read Text pp.
37-117 |
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Jan 30 |
III. Civil Legal Responses:
Restraining Orders Read Text pp
282-337; 341-46; 377-82; 940-44 Study
Prepare Week Three worksheet for class |
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Feb 6 |
Class
cancelled due to weather |
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Feb 13 |
IV.
Representing Clients in Protective Order Cases Read
text pp. 974-81 Review
ABA
Standards of Practice for Lawyers Representing Victims of Domestic
Violence, Sexual Assault and Stalking in Civil Protection Order Cases In
class, we will be practicing interviewing and advising a victim of domestic
violence |
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Feb 20 |
Mini terms |
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Feb. 27 |
V. Children and
DV Impact
on Custody & Visitation Review Chapter 452
sections on custody: §§ 452.375 – 452.400 Review Chapter 565
sections on parental kidnapping: §§ 565.149 --
565.169 Read
text pp. 383-92; 395-400; 403-422; 424-35 |
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Mar 5 |
VI. Child
Protection Systems Text pp. 469-486;
495-502 Review Chapter 568
sections on child endangerment and abuse §§568.045-.050 & 568.060 Review Chapter 210
sections on child abuse, §§ 210.109-
165, and §§210.180-183, Review Chapter 211
sections on termination of parental rights §§211.442-.487 |
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Mar 12 |
VII. Immigration
Law and Domestic Violence Text pp. 1101-1108;
1113-1125 |
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Mar 19 |
VIII.
Prosecutorial Responses Review Chapter 565
sections on various forms of assault §§565.050-.074 Read RS Mo §566.023 Read text pp.
713-726; 731-33; 740-52; 770-786; 852-62 Complete Week
Eight Worksheet for class |
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Apr. 2 |
IX. Victims of DV as Criminal Defendants Read Text pp.
865-911 Complete Week Nine
Worksheet for class |
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Mar 26 |
Mini term |
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TBA |
Field Trip |
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Apr. 9 |
Competency Exam |
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Apr. 16 |
Student reports
on special topics |
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Apr 23 |
Student reports
on special topics |
GRADING METHOD AND CRITERIA
Grades will be assigned on a
point basis:
70 points – Class preparation
(10 points each for weeks 2-3 and 5-9)
30 points – Class participation
(3 points each for weeks 1-10)
30 points – Competency exam
70 points – Research memorandum
30 points – Class presentation
20 points – Field Observation
reports (10 points for each report)
Students may complete three
additional field observation experiences for up to 30 extra points. Up to 10 points of extra credit is also
available where the student can demonstrate the impact of their learning on the
family violence community.
The grading scale is:
Grade Points
A+ 245 +
A 233-244
A- 225-232
B+ 217-224
B 207-216
B- 200-206
C+ 193-199
C 183-192
C- 175-182
D+ 170-174
D 161-169
F 160 or less
Additional One-Credit Hour Options
You may
enroll in this course for three credit hours if you would like to either use
the course to fulfill your R&W requirement or pursue an internship
opportunity in connection with the course.
YOU MUST OBTAIN PRIOR PERMISSION OF PROFESSOR GLESNER FINES TO ENROLL IN
THE THREE-CREDIT HOUR VERSION OF THE COURSE.
Using the Course to Fulfill Your R&W
Requirement
If you wish to write an R&W
on a topic covered in this course, you may do so by:
·
Enrolling in the course for three rather than two credit hours
·
Expand your research memorandum into an analytical paper.
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The paper must engage in original thoughtful analysis, not merely
report, compile, or describe the work of other authors.
·
It should be a minimum of 28 pages, exclusive of endnotes, using
Times New Roman, 12 point font, with margins 1" around. Your paper has to be double-spaced (although
indented quotes and footnotes should be single-spaced).
·
The memorandum must reflect thorough research of primary
authorities and the proper use of those authorities to support arguments
raised.
·
Students should use endnotes, rather than footnotes or internal
citations. Citation form for authorities
must be consistent, complete, accessible, and accurate. Either blue book or ALWD format is
acceptable.
·
The paper must be organized, coherent, and written in clear, concise, simple, precise language.
Internship
Opportunities in Connection with the Course
Individual internships for one-credit hour
may be available. Students should contact
Professor Glesner Fines before the semester begins to negotiate these
internship opportunities.
Domestic Violence
Links:
National Coalition Against Domestic Violence
ABA Commission on Domestic
Violence
US Dept. Health & Human
Services - Administration for Children & Families
Jackson County, Missouri
Family Court
Women's Law Initiative