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Yes, we SHOULD call them “restraining order suggestions” (Certifiably Insane Protection Orders in MN; meanwhile, more “Fatherhood” in KS) [[Orig. Aug. 7, 2009]].

with 25 comments

[[Title & Shortlink added Dec. 1, 2023 to refer to this post]]

[Feb. 17, 2016 UPDATE NOTES:


This post originally published over five years ago — on August 7, 2009.  For more recent focus of this blog, see more recent posts (2016, 2014) which focus on systems operations, and consolidation of economic power from outside state lines (divorce and custody remaining under state jurisdiction, as well as domestic violence prevention orders).


I am currently working on posts regarding the Greenbook Initiative (2000-2008) and involved parties, on the NCJFCJ, on IDVAAC, and the “DV cartel” as identified by its participants (centralized, coordinated, and stuck in a policy rut) on the HHS and USDOJ grants stream.


I look up nonprofit organizations functioning as social policy conduits for a small group of inter-related professionals who cut deals with each other on what to minimize, what to focus on.  These represent a much larger pattern throughout government, not just relating to domestic violence itself.


Many times by the time individuals find out about the policy deals that were cut, their lives, or kids are “gone.”  If not physically, often in all the other critical aspects of life which people NOT entrenched in some of these systems may still take for granted.  For example, the ability to get to and from, and hold a job once one has been hired, or completing projects for clients inbetween police events, court hearings, and ongoing threats to one’s personal safety and particularly, financial survival (i.e., ability to sustain food, housing, transportation, etc.). This comment added 2/17/2016 //LGH]

THIS POST IS: Yes, we SHOULD call them “restraining order suggestions” (Certifiably Insane Protection Orders in MN; meanwhile, more “Fatherhood” in KS) [[Orig. Aug. 7, 2009]].

(Short-link ends “-ez” and post is about 10,600 words.  Including many quotes…and the text of a Kansas Senate Bill starting a “Fatherhood Initiative” — and the entire text of the U.S. Declaration of Independence (trying to see if there’s a disconnect somewhere between those two?)

I also respond to some news articles at length on the timeline in the first article shown below.) (Parts of this post also refer to the Inter-American Council on Human Rights (IACHR) for a domestic violence (“DV”) case from Kansas (Claudine Dombrowski) which appealed that high up for justice…) //LGH 12/1/23.


Today’s [Aug. 2009] headlines are right on topic with yesterday’s post. . . and the one referenced above….

Mr & Mrs. OUELETTEs, MINNESOTA, 2 accounts of 2,100 on the web, from Kare11News.

(1) Wife had order of protection against husband prior to murder-suicide

(2)  Harris man gave up guns before strangling wife, hanging himself

Well, I swore I was NOT going to blog on this today, but I fear that these are indeed possibly copy-cat murder/suicides.  It is now “out there” in the news as a possible way out of an emotionally embarrassing and humiliating situation.

Read THIS one, and then see if you can tell which parts were certifiably insane public policy, and how many warning signs people ignored.

And I’ll tell you why this one chills me, and makes me glad to be alive today.

(TOP of post — Minnesota.  BOTTOM — Kansas.

They relate.)

Blogger’s Preface

At this point, it seems to be “certifiably insane public policy” to expect women to trust, or men to respect, such restraining orders, when clearly they don’t — I already blogged on this re: the woman in Pennsylvania who fought back.

Recently, I wrote about a father accused of molesting his (teenaged) daughter who, seeing as she was only moved 2 doors down, and into the home of a man that used to be the same father’s employee (say, what???!?).   Within one week, Dad had killed: daughter, foster father and himself, and almost killed foster mother, too.  So THAT helpful ruling got 3 people dead and one injury.

Great going, child protective services in that region of Tennessee.

Here’s another one that slipped through the cracks somehow, and at several different points.  What “gets” me about this one is realizing several domestic violence prevention groups, nonprofits, that have been getting millions upon millions of federal dollars, over at least a decade in grants to provent violence locally, rurally, and in Indian tribes, as well as technical assistance grants to, I guess, “get the word out.”

So far, I can see they are doing a great job with putting together literature that’s already on the web somewhere, positioning themselves as the experts, consulting in private with other professionals about what to do, and keeping a body count.  Which hasn’t substantially changed (per these counts) statewide in Minnesota within a decade.

So either the state is raising more suicidal or unable-to-handle-stress people, or immature young adults who then continue the immaturity into adulthood and parenthood (referring to the fathers in this case), or something. . . . . . Or so many people are being born each day that they STILL don’t know the warning signs of danger, and are talked into minimizing them.

Let’s maybe add ONE more “lethality risk” — trusting in protection orders to start with.  

That’s for the courts and for the women alike.  And encouraging a woman to do so (or continuing to present them as viable alternatives — when in fact they are panaceas too often) also places her in risk, given the facts.  Ignorance of them is NOT bliss. . . .

When police DO respond in time, they run the risk of death themselves.  When they do NOT respond in time, typically Mom, and sometimes Dad, are killed, and sometimes more.  Or otherwise traumatized.  SO . . . . .   what else is available?

CONSIDER THIS ONE:

  • State:  Minnesota
  • Body Count:  2, no responding officers or bystanders killed this time.
  • Orphans:  3, ages 10 (boy), 8 & 8 (twin girls)
  • Who are they now living with?  Relatives.
  • Did they witness the murder  – – of their mother by their father, YES, the girls
  • Did they try to intervene and fail? – — YES, an 8 year old girl tried to save her mother.
  • Was 911 called? – — YES, by an 8 year old daughter?

 

  • Was the call heeded (it seems No), or interfered with (yes, by the father)? – – – read below.
  • Was that restraining order as written certifiably insane?  – — ABSOLUTELY.  (And it seems identical to the one I got many years ago.)
  • Does making a restrained person turn in his or her guns always save a life? – — NO.  Other weapons also can kill (apparently here, hands).
  • Or, a person not allowed to get a gun could get a friend’s (or in a recent case girlfriend’s gun).

 

  • Are risk assessments going to redeem lives from living in fear (or being lost)?  – – – I’m  not sure.  I’m of the current opinion, NO, unless the woman herself takes them seriously and takes serious actions not reliant on 911 to ensure safety.

So, let’s talk about the body counts vis-a-vis the legal terminology:

When you think about it, and read the results, even calling these things “protection orders” makes zero sense.  They are restraint requests.  A man without restraint is ordered in public by a judge to show restraint.

WHO is to protect, in “protection order”?  The power of the state?  Does the state, like God, declare “protection” exists because it ordered this?  And is the state, in so doing, lying to the protected parties?

I think so, basically.  

Here’s a perhaps (I ALWAYS say “perhaps,” or try to) more viable protection order:

A trained, armed mother with an attitude to match, telling the man who just received the judicial order, that she is going to take the boundaries of the property seriously, and understands all laws regarding the 2nd amendment, and any contingencies.  IN other words, she needs to be more determined and more aggressive than the person who formerly attacked or threatened her.

So do the people surrounding or dealing with her on this issue.

Alternately, a “not in the same state” “county” “500 mile radius” mother, and kids.  And the kids could be told the truth about why this is happening, in age-appropriate terms but without name-calling or derogatory treatment of their father.

But of course that would screw up “access visitation” and “National Fathers Return Days” somewhat….

NOW, this mindset is not typically the state of a woman who has gotten to the point of requesting such an order from her husband, right? The request for an order represents to an abuser an ESCALATION in OPPOSITION to SUBMISSION.  How’s he likely to respond?

Read the rest of this entry »

A Radical Idea — Enforce Existing Custody Laws . . and the rest…

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(and, “HOW MUCH TIME AND HOW MANY EXPERTS WILL IT TAKE TO FIGURE THIS OUT?”)

This post is in response to, gradually, retroactively, discovering what was published, conferenced, said, explicated, implicated, rationalized, demonstrated, and nationalized during the past ten (or so) years since I filed a domestic violence restraining order, and found out that this person was NOT an isolated, deeply disturbed, person, but was in fact living out a systematic creed, which thrived better in certain types of schizoid linguistic neighborhoods than others — such as, faith institutions and family court.  

It is not one of my better posts, except for a few graphics.  HOWEVER, I do feel it’s truthful.

What one wants, in the field of Domestic Violence, is STOPPING it.  Not theory, but results.

However, unlike in, say music, where there is a range of audiences, many of them who pay, in THIS field, there is a fountain of funding for theorists.  Not content to actually work on getting laws enforced, and saving lives, there is constant, constant tinkering, reframing, training, talking and (you get the picture).  Well, if you don’t, here’s one:

 

This pie chart shows Federal Spending by Federal Department:

FEDERAL SPENDING FY 2009 YTD

 

(legend at the link).  PURPLE is Health and Human Services.  RUST– is Education  

RUST is what we were supposed to learn from “Zero to 5” and from “K-12” (and beyond) but didn’t about behavior ethics and character, as well as the usual academic whatnot (reading, writing, counting, obeying rules, doing homework, working hard, and not joining gangs or impregnating/getting impregnated before one is, say at least 16 or 17 years old….)  

PURPLE — that’s primarily catchup, at this point -_ healthy families, responsible fatherhood, early heard start, child development, and many many more things (Including some fantastic funding for more scientific research, medical, and so forth).

Despite the majority of federal spending going there, we are behind in education, and people are still killing spouses and/or children after divorce, or over the issue of child support, even.  Children are kidnapped over these issues, traumatizing them and burdening society further.  

Grants, once established, are like the energizer battery, and just keep on going, going, going for the most part.  WHO is reporting WHAT as to the results?

Are results measured by people who go through the programs (a headcount) or by the headlines?  As finances are a major predictor and risk factor in otherwise stressed relationships, perhaps we ought to find out what’s happening to these finances. 

 

SO, I put it this way,. . . . 

If a “lightbulb” going off signifies “Aha!” — understanding, my question is, . . . 

http://www.waynewhitecoop.com

How many social science, legal, and

court-associated experts does it take

to UNscrew a lightbulb?

http://www.moonbattery.com/archives/light-bulb-ban.jpg

 

and

My experience, and others’, and the headlines, show that frequent contact with a batterer, including frequent visitation

(however supervised, however accessed, however negotiated) can be hazardous to your physical and mental health.

 

I never got supervised.  As a consequence, I consistently was traumatized, stalked, harrassed, and lost work — and eventually children around this.  Because I knew this to be a NOT safe situation, I had to choose between seeing my children, ever (even when court had ordered it), and working steadily, EVER, basically.  The exchange was not a 15 minute exchange with court orders poorly written as mine, and going to court to fix this had never resulted in anything (in my case) but significant loss.  

It was a traumatic and awful experience every time except for THE first time, when I finally got  domestic violence restraining order with kickout and had a little space to begin repairing and rebuilding every area of life this battering thing had knocked out of kilter, including work, relationships, and physically, aspects of the house (not to mention my health).  

Now, to find out later, how MANY experts had been practicing how MANY ideas in which areas of the United States (and the funding they got to do this), and how LITTLE actual input from litigants seems to have been sought — a typical list of what are called “stakeholders” doesn’t include the people affected MOST directly:  Moms, Dads, and Children.  No, the stakeholders, in some people’s view, are the professionals — well it’s saddening they need SO much training to figure out what I (and others) could have easily told them — and what’s already on the rules of court, samples of which I link to below.

 

BUT, now,  

Here comes yet another federal grant to explicate, reframe, and contextualize what the rest of us know needs to be simply STOPPED:

 

Development of a Framework for Identifying and Explicating the Context of Domestic Violence in Custody Cases and its Implications for Custody Determinations


BWJP has been invited to apply for a grant from the Office on Violence Against Women for (1) a demonstration project to develop (2) a framework to guide custody and visitation decisions in cases involving domestic violence.  Research on custody and visitation determinations provide(3)troubling evidence that procedures currently in use in family courts often fail to(4) identify, contextualize and account for the  occurrence of domestic violence in these cases, and if identified, (5) its presence seems not to consistently affect the court’s recommendations regarding custody or visitation arrangements.

(My numbers, and color coding, added for commentary, below)….

 

Let me translate:

(1)

First of all “Demonstration project” means that a few areas around the country will be targeted for experimentation with some new policies (the litigants are generally not going to be told, incidentally).  Then, apart again from LITIGANT feedback, as in “we are running a demonstration project and would like your feedback”, but rather, taken from things such as mediation, evaluation, and other statistical reports-from-the-courts (etc.), someone you have never heard of will (without your input) describe, evaluate, and report on this grant.  (sometimes there is an uncomfortably close relationship between people GETTING the grants and people EVALUATING the grants).

After that, depending on how that reporting went, it will be expanded nationwide, at government expense, usually.

ONE THING GETS OMITTED:  Lots of poor people don’t have internet access, or time to research who’s doing what about them. One aspect of violence is isolation and intentional breakdown of infrastructure.  Trust me, (or don’t), most women don’t stick around for abuse, given other viable ways to get out of it.  At some point, one figures out the abuser ain’t going to change, and the question then, if not at survival level yet, becomes safest exit.  If it is sensed that this exit is about to happen, the controls tighten.  TRUST ME, they do.  

(2)

“A framework to guide custody and visitation decisions.”


? ? ?

 

There already IS a framework in place:  Laws, and rules of court.

 

A).  Laws.  These laws were passed by elected representatives in legislatures, and as such, that’s a fairly FAIR process.  When it comes to domestic violence, SOME of these include the word “rebuttable presumption against” and are followed by phrases such as “custody” or “joint custody” and the word “batterer.”

HALFWAY or less through family court process, I figured I’d get smart and look up the pertinent LAWS.  Silly me, I didn’t know about the system of federal grants, policies, and that I lived in a nation with a national religion called “Designer Families.”  

My point is:  There is NOT a need to continue doing this.  The framework exists.  The only reason to continue conferring more and more is, I can only deduce, to further undermine and restructure it.  OUT OF PUBLIC HEARING.  . . .. .    

Here’s one law(among many) that was deliberately ignored in my case:

 

278.  Every person, not having a right to custody, who maliciously
takes, entices away, keeps, withholds,or conceals a child and 
maliciously deprives a lawful custodian of a right to custody, 
or a person of a right to visitation, shall be
punished by imprisonment in a county jail not exceeding one year, a
fine not exceeding one thousand dollars ($1,000), or both that fine
and imprisonment, or by imprisonment in the state prison for 16
months, or two or three years, a fine not exceeding ten thousand
dollars ($10,000), or both that fine and imprisonment
(b) Nothing contained in this section limits the court's contempt
power.
   (c) A custody order obtained after the taking, enticing away,
keeping, withholding, or concealing of a child does not constitute a
defense to a crime charged under this section.

This single law was the framework that crumbled about 1-1/2 years prior to my starting this blog.  

Along with the pre-existing (to that crime) employment.  I guess someone had been explicating and 
training court personnel out of remembering this, and instead to reward this (criminal) endeavor
with a custody switch.
   
The law is fairly reasonable in certain areas pertaining to domestic violence. For example, it’s either a misdemeanor or a felony.
I’m not sure whether child abuse could EVER be less than a felony, but in some venues it’s getting a little hard to tell. Probably, as I say,
they are conferencing about how to figure out which is which, and whether they should report, intervene, or ignore. Or apply
“therapeutic jurisprudence” to the entire family unit because ONE of them committed a bunch of misdemeanor or felony crimes.

 

B) Rules of court.  Although I was clueless that these existed for most of my case, someone was kind eventually and sent me the list of the local ones, so I KNEW what had been done wrong in my case from start to finish.  Now I’m so smart, I even know who makes these rules.  There are rules to insure due process, and there ARE rules directed TO mediators about the quality of orders coming out of this.

I was shocked when I read mine.  The california ones are at:  http://www.courtinfo.ca.gov/rules

HECK, if you scroll down, you can even read the Code of Judicial Ethics, too.

 

California Rules of Court
Title One. Rules Applicable to All Courts (Rules 1.1 – 1.200) HTML | PDF(190 KB)
Title Two. Trial Court Rules (Rules 2.1 – 2.1100) HTML | PDF(952 KB)
Title Three. Civil Rules (Rules 3.1 – 3.2120) HTML | PDF(1832 KB)
Title Four. Criminal Rules (Rules 4.1 – 4.601) HTML | PDF(5819 KB)
Title Five. Family and Juvenile Rules (Rules 5.1 – 5.830) HTML | PDF(3518 KB)
Title Six. [Reserved] PDF (84 KB)
Title Seven. Probate Rules (Rules 7.1 – 7.1101) HTML | PDF(5978 KB)
Title Eight. Appellate Rules (Rules 8.1 – 8.1125) HTML | PDF(3208 KB)
Title Nine. Rules on Law Practice, Attorneys, and Judges (Rules 9.1 – 9.61) HTML | PDF(549 KB)
Title Ten. Judicial Administration Rules (Rules 10.1 – 10.1030) HTML | PDF(2113 KB)
Standards of Judicial Administration (Standards 2.1 – 10.80) HTML | PDF(775 KB)
Ethics Standards for Neutral Arbitrators in Contractual Arbitration PDF (101 KB)
Appendix A: Judicial Council Legal Forms List PDF (510 KB)
Appendix B: Liability Limits of a Parent or Guardian Having Custody and Control of a Minor for the Torts of a Minor PDF (14 KB)
Appendix C: Guidelines for the Operation of Family Law Information Centers and Family Law Facilitator Offices PDF (27 KB)
Alternative Format: Complete California Rules of Court in PDF format, compressed into a single .ZIP file. ZIP of PDF Files
(updated: 7/1/2009, 6.79 MB)

 

Code of Judicial Ethics
Formal standards of conduct for judges and candidates for judicial office.

 

 

(3)

“procedures currently in use in family court”

Does this mean procedures, as in those that the rules of court mandate, or procedures, as in what actually takes place?

 

(4)

“identify, contextualize and account for”

Excuse me, “contextualize”???  Maybe the new rules of court will explain this a little better.  Does that mean, did the little child see it or not see it, or were they hit in the process?  Does this mean, “in context” it was justifiable, I.e., “the devil made me do it!,” or “temporary insanity,” whereas, say, in a criminal or civil court, it would be the mundane misdemeanor worthy of some court action?  

 

(5)

its presence seems not to consistently affect the court’s recommendations regarding custody or visitation arrangements.

I’d have to say that’s false.  Reporting and identifying this appears to have the result that custody is often switched, according to a document (which I BELIEVE I linked to from BWJP’s site, although I would have to track back on this one).

 

Family courts traumatize battered women and hand custody to their abusers 37 percent of the time, finds a report released today (5/2008) by the Voices of Women Organizing Project. Latest story in our “Dangerous Trends, Innovative Responses” series.

“The courts’ own rules and regulations are often not followed,” Lob said. “Those kinds of things just seem so blatantly unfair and unreasonable.”

Eighty percent said their abusers used the courts to follow through on a threat to gain sole custody of the children and prevent the children from being in contact with their mothers.

Women were advised, sometimes by lawyers, not to mention domestic violence in one-quarter of cases, and not to challenge custody for fear of worsening the situation.

“To me, that’s the shocking thing,” Lob said. “We’re in a position where it’s actually sound advice for a woman not to raise these issues.”

Fifty-eight percent of women said that asking for child support triggered retaliation from their abusers.

I have personally talked myself into two conferences which were ABOUT people like me, but not FOR people like me.  While these were tremendously validating and exciting (plus I spoke some informally at one of them), I was in the heat of the battle at the time (and losing total contact with my kids, but — barely — retaining the remaining single job that had survived the last round) – – BUT, I repeat, they weren’t typically inviting people like me.  You have to research, knock, call, send away and beg (generally speaking, after a certain point in the family law process, someone is going to be destitute.  it is simply not possible to stay in that system, be stripped of protection, and maintain a livelihood, without some extreme support or ingenious ways of getting basic needs handled.

Add to this that some of the long, drawn-out custody battles come after leaving a systematic abuser, which before separation can really wear out a person, it gets kinda interesting maintaining some work momentum.

ANYHOW, now, being a little better networked (referring to internet access AND knowing other people), I have found many of the:

  • foundations
  • publications
  • organizations
  • websites
  • key authors
  • key concepts

. . . . . and so forth, that like to talk about what I call “us,” meaning, Mothers Determined to Leave Domestic Violence (WITH kids).

It’s like any other life skill, or professional skill — after say 10 years of extensive exposure (immersion style), networking, reading, and so forth, one gets a little bit of fluency.  I mean, that’s how I learned math, music, langauges, other things.  Same deal here.  

But unlike some other fields, for example music — I don’t think people at the top of this field typically are tone-deaf or unable to play a single instrument.  If they compose, often they can play many.  What one wants in this field is SOUND.

 

There are already laws about domestic violence as it pertains to custody.

There are already rules of court about mediation, not that I am in favor of mandated mediation at any point in time.

There are rules of court about what can go in in court.  For example, a judge should not be taking testimony — and making decisions based on it — from someone who is not under oath, which happened in my case.  

A judge should not make a critical decision (for example, switching custody) following criminal behavior regarding custody.  There should not be partiality, and in particular, when threatening behavior clearly intended to obstruct justice has been reported, that took place outside the courtroom, this should raise an eyebrow.  I had reported stalking, and submitted a signed eyewitness account.  It was filed and ignored.

 A judge should also give the legal and factual basis on which a decision is made when directly (in writing) requested to by an attorney, which the one in my case did not.  

A mediator should take a few minutes to actually ascertain readily available (and relevant) facts before spouting off.  

Now, as to the niceties of IS it domestic violence, or is it NOT domestic violence, and was THAT assault, THAT court order violation, THAT threat, or THAT child abuse as reported by CPS, a D.A., or anyone else, REALLY harmful to the child?  – – –  why, exactly, are all these volumes of press, books, conferences, etc. being written?  

I see it as simple.  Don’t HIT, don’t STALK, don’t THREATEN, don’t HARASS, don’t Destroy property of, and (whatever else the protective order reads in the particular case).  It’s REALLY in basic, high school English, and doesn’t require extensive interpretation, does it, REALLY?

Another one should be obvious — don’t lie in court, or on the record, then when caught in a BIG one, make up a new one.  If this goes on repeatedly, do judges need to attend institutes and conferences in order to be trained how to notice this?  

SO JUST ASK ME — I’ll explain it real clear to any attorney, judge, mediator, or any one else who is still unclear that the 3-letter word “law” means “law,” and that the 5-letter word “order” means “order,” and the 7-letter word “custody” means “custody.”    I have been a parent, and a teacher, and I”m not TOO confused on this generally speaking.  I don’t wing it constantly, veer radically back and forth between whether I actually expect a standard to count, or not count. When learning a new skill, I focus on that one and “call” it consistently (speaking in group situations) til the point gets home.  

The skill someone who has been systematically been engaging in domestic violence, which is the word VIOLENCE in it, and which includes a pattern of coercive behavior that violates boundaries (and law), and generally in “order” to give “orders” to the victim.  The physical attacks (threats, intimidation, property destruction, punishments, animal abuse, isolation, and a whole other array of possible intentionally  humiliating and dependency-inducing behavior towards another adult — OR child) have been compared to “POW” techniques.  They are not consistent, so the person is kept on edge as to what may provoke what.  Sometimes, a person can’t handle this, and provokes an explosion intentionally rather than live in the tense buildup, anticipation, and fear.  It may be the one thing they CAN control in the situation.  BUT, overall, what it’s “ABOUT” is giving orders.  Period.  Hapazardly.  Basically, it’s tyranny.

 

I never was unclear about this for long.  Not the first or second time one gets hit in the home — the dynamic is basically clear.  

NOW — here we are “out” and this pattern of attempting to give orders, on the part of the former batterer, continues.  WHAT is the obvious safe solution?  The obvious need is to send a clear, clear message to this individual that he (or she) is now NOT in control and allowed to manipulate and give orders, instead he (or she), is now in the position of TAKING orders from a higher authority — the courts, backed up by police and the threat of arrest/jail.  This is THE primary need at this time.  

How does family law handle it instead?  I found out, the exact opposite way.  So, I found myself, during exchanges, repeatedly explaining to the various personnel involved (including police officers, who failed to get it) that the any ORDERS I was now under were the existing court orders, and I expected them to be adhered to so I could live a sane life.  Between me, and the father of the girls, there was never any lack of clarity in the situation.  Observed over a period of years (in family law), a court order would be obtained, and violated the FIRST weekend (or day) after its issuance.  He was acting like a two-year old, testing boundaries, and getting his right to violate every time.

When a woman then puts her foot down in this manner, SHE is labeled, and the whole “thing” is labeled as “high-conflict.”

Well of course it’s high-conflict!  Did we expect such a batterer to lie down and play passive easily?  When someone is not looking?  

Someone who’s gotten away with mayhem, which brings attention and benefits (compliance), and this is confronted, there is going to be conflict.  That doesn’t mean it’s a two-way conflict.  If the courts would simply pay attention to the situation instead of trying to be so “smart” all the time, more people would survive.  IN plain English, this means, fewer would die.  NO ONE should have to die for leaving a violent or abusive marriage, and expecting their children to be protected – – and their rights respected — also.

But they do.  

 

Domestic violence per se can be and often is, lethal.  It often escalates without warning, and without intervention (including separation)

basically ONLY escalates.  Mediation is inadvisable in these cases, and joint custody is a recipe for societal trauma, and debt upon debt.

Mediation is MANDATORY in my area.  I can document (now) how our particular mediator violated the rules of court at every opportunity.

SOMEWHERE (i read it) it says that a “spousal batterer” IS a clear and present danger to the physical AND mental health of the citizens of (this state, although technically we are US Citizens, not State citizens).  

Study after study — including of substance abusers of various sorts (i refer to Acestudy.org, again), of prostitutes, of adult abusers or victims, and people with significant difficulties later in life (including in forming healthy relationships) – – shows that a violent, battering parent is NOT a good role model.  The light bulb is already screwed in for the real stakeholders — those whose lives are at stake.

 

But the experts are not done yet . . . . .  Even though things are already in the law.

FINALLY, the lightbulbs are going off in MY understanding as to why they won’t go off in people’s understanding whose children and lives are NOT at risk in a volatile situation, and who can (safe from the hearing of litigants or custodial mothers, in particular, or domestic violence survivors — or the children who are being molested on regular exchanges with a noncustodial parent  — and so forth) :    If the light bulb went off, where would they publish?  Who would pay them to train the advocates, the judges, the attorneys, the mediators, and the psychologists?  WHO would travel around the country and the world to discuss, well people that sometimes have trouble traveling 5-10 miles down the road to see their own kids on a weekend?  (case in point).

 

WHAT’S THE EXCUSE FOR NOT ACTING CONSISTENTLY ON THESE BASICALLY SENSIBLE LAWS?

Here’s another reference I ran across researching something else:  

IT DATES BACK TO THE YEAR 2006 

{{EDITING NOTE:  LINKS DIDN’T COME THROUGH — I WILL RETURN AND FIX}}

 

 

 

The 37-page original is downloadable.  These pages have footnotes.  It is well worth a read.  Here is the cover page:

 

There are organizations (and the author here is on the board of one of them) who appear — I’ll take responsibility and qualify “to me,” although I am certainly not the only person of this opinion — to be HIGHLY invested in reframing the issue of Domestic Violence (and joint custody after it) from being a terrible role model for children, and experience for either parent, into something that people can be “counseled” out of.  Supervised visitation is touted as a “solution” to this problem.  People have been killed around supervised visitation, and the literature on this acknowledges it.  Still, it’s ordered, and sometimes used as penalties for parents reporting their fears, or hurt to their children.  

One has to ask why/  The ONLY reason i can come up with, primarily, is it’s a GREAT profession talking (and publishing) about what to do, and it’s also a great profession, “parenting classes.”  There is little to no substantial evidence that even domestic violence (batterers intervention) classes change a spouse highly invested in the coercive control dynamic.  Newspapers OFTEN report murders occuring shortly after someone was cleared from a DV class — or had violated a restraining order multiple times, without incarceration. The latest high-profile one I can think of (in California) was Danielle Keller and “Porn King” Mitchell (which I’ve blogged about recently).  One in about 2005 that absolutely frightened me was a stalker — just a boyfriend relationship — the woman he was stalking, her body was found in the car trunk a few days after passing with flying colors the latest set of “classes.”

That’s playing Russian Roulette with people’s lives.  I object, on behalf of my life, and  my kids, and others, to this policy, of trying to “ascertain” who could and who could not benefit from counseling.  I counsel strict consequences for domestic violence, which is a lesson in itself.

Regarding Expert Conferences (this, and others, and others, and others) – – –   MOST domestic violence victims simply can’t afford to attend them!  We can’t afford to subscribe to their publications, and our opinions are NOT asked — in a truly collaborative sense — in these matters.  If they were, we’d say, probably to a woman, as mothers:  “JUST SAY NO!”

 

Domestic violence includes economic abuse, and often access to the internet, or internet skills CAN be an ongoing issue.  I  know that in my situation, I was discouraged from using the PC unless it contributed directly to family income (his), and even in one case, I had to turn down a stable source of income from home to accommodate his desire to keep me without electronic contact with the outside world.  When I finally obtained it, at around $8, or was it $18 (DNR)/month, I remember shuddering with fear as the vehicle pulled into the driveway, and praying that my internet would be turned off before he got in the front door.  I had at this time worked substantial office support jobs and was internet fluent.  

 

Another reason our voices are often not heard — not really — is that we do not have sufficient funding to take the time and write, post, publish, and attend conferences.  If we have children, we are taking care of them, and ourselves.  If we do NOT have children, the priority is getting back to them.  And if we are domestic violence survivors of any substantial length (OR are in court with such an ex-partner or ex-spouse), it is pretty well guaranteed sheer economic survival is an ongoing issue.  

 

Currently, I am reaching an overload on some of these topics, emotionally — and also have the situation to handle, which is not yet final, either.  Support systems are constantly eroded til one begins to wonder what the prime identity is.  We may trust people we know individually and personally, but after a certain point, one gets very jaundiced about organizations, ESPECIALLY nonprofit organizations promising help.

 

One of the best primers I am aware of on custody issues with batterers is called “The Batterer As Parent” (Bancroft/Silverman, Sage, Thousand Oaks 2002).  It’s coming up on 7 years since it was published.  I’ve personally heard a domestic violence expert, whose job it was to testify in criminal cases, say that this is a classic.  I have this book, and my copy is dog-eared.  It talks about ALL the things that the family law system as a whole absolutely REFUSES to do — support the nonabusive parent in her — or his — relationship with the children.  Be wary of the risk of kidnapping (in my case, the court literally not only failed to act to protect my kids from this, after I requested it, but also failed to acknowledge it — WHEN IT HAPPENED!  It talks about being aware that batterers are often chronic and convincing liars, and also of the overlap with incest perpetration.  

Here are some of the ‘Scholarly” cites of this book:

Characteristics of court-mandated batterers in four cities: Diversity and dichotomies

EW Gondolf – Violence Against Women, 1999 – vaw.sagepub.com
 1283 TABLE 2 Family Status and Parents’ Behavior of Batterers in Four Cities (in
percentages) Batterer Program Pittsburgh Denver Houston Dallas Total  
Cited by 63 – Related articles – All 3 versions

 

Men who batter: some pertinent characteristics.

FJMS FITCH, A Papantonio – Journal of Nervous & Mental Disease, 1983 – jonmd.com
 The authors report statistics on five major correlates of such men: violence between
the batterer’s parents, abuse of the batterer when he was a child, alcohol  
Cited by 52 – Related articles – All 3 versions

 

HERE IT IS IN ALL ITS 1999 GLORY AND INSIGHT, EXPERTS BACK THEN KNEW THE RISKS:

Supervised visitation in cases of domestic violence

 – ouhsc.edu [PDF] 
M Sheeran, S Hampton – Juvenile and Family Court Journal, 1999 – HeinOnline
 remain: visitation centers are not a guarantee of safety for vulnerable family members;
they do little to improve the ability of a batterer to parent in a  
Cited by 23 – Related articles – BL Direct – All 3 versions

 

Legal and policy responses to children exposed to domestic violence: The need to …

PG Jaffe, CV Crooks, DA Wolfe – Clinical Child and Family Psychology Review, 2003 – Springer
 REFERENCES Bancroft, L., & Silverman, JG (2002). The batterer as parent.
Thousand Oaks, CA: Sage. Brown, T. (2000). Charging and  
Cited by 19 – Related articles – BL Direct – All 3 versions

 

Childhood family violence history and women’s risk for intimate partner violence and poor …

 – wa.gov [PDF] 
L Bensley, J Van Eenwyk, K Wynkoop … – American journal of preventive medicine, 2003 – Elsevier
 14. L. Bancroft and JG Silverman. The batterer as parent: addressing the impact
of domestic violence on family dynamics, Sage, Thousand Oaks CA (2002). 15.  
Cited by 71 – Related articles – All 11 versions

 

[BOOK] Children of alcoholics: A guidebook for educators, therapists, and parents

RJ Ackerman – 1983 – Learning Publications
Cited by 52 – Related articles – All 2 versions

 

[CITATION] The batterer as parent: Addressing the impact of domestic violence on family dynamics ( …

L Bancroft, JG Silverman – Brown, Frederico, Hewitt, & Sheehan, Problems and …
Cited by 2 – Related articles

 

Batterers‘reports of recidivism after counseling

A DeMaris, JK Jackson – Social Casework, 1987 – ncjrs.gov
 had problems with alcohol, and had witnessed violence between their parents. The
small sample size, the limited credibility of batterers‘ self-reports, and the 

 

WELL, what to do?  TALK some more?  Out of the hearing of women and children?

I’ve managed to talk myself into a few conferences — I couldn’t afford the entrance fees for the most part.  In one, I passed as a professional, up to a point.  In another, I spoke about my story, and the PTSD it triggered (I was inbetween court hearings about whether or not I’d ever see my kids again) caused me to misplace the car (and house) keys and almost have to spend a night on the streets, as I’d just lost contact with the last round of professional colleagues locally.  This MIGHT have cost me the last remaining job, but a very recent contact (and a current client) pulled off a “rescue.”  FYI, abuse runs in families, and families are not always there to assist in the buffer zone.

About two years later, I learned that this particlar domestic violence organization (which I mistakenly — it’s a common mistake — confused with a group that was intent in stopping violence against women, i.e., saving our lives, helping us leave situations like that — has a linguistic profile similar to the whitehouse.gov “virtually invisible in public agenda” absence of the word “mother” in its website.  A glance at the funding (more than a glance, actually) showed WHY.  

 

It’s easy to make a declaration if it’s a closed -corporation discussion.  It’s not that these groups don’t ACKNOWLEDGE the problems, but that they do not acknowledge how their SOLUTIONS exacerbate the already existing problems, of a parent with a REALLY bad attitude, and some REALLy serious problems that a few classes, or even a years’ worth, may or may NOT address.

And if these classes are concurrent with a typical course of action ina  faith-based institution, the effects PROBABLY will cancel each other out, when it comes to protection of women.

 

That’s about all the time I have to post today.  I hope this is proving informative. 

You cannot have fatherhood and feminists in the same government grants gene pool and expect to get further down the road.  The effects will cancel each other out, and leave yet larger and larger debt.

 

Currently, stipulations MANDATED by the VAWA act on Supervised Visitation (safe havens) contradict — categorically — with stipulations from the Health and Human Services “access visitation” grants.  There’s a history (and a financial profile) to this, and I’m reading it these days.  It took a while to grasp the “why.”  I had to apply a rule I thought I’d mastered earlier — don’t take ANYTHING at face value, and do your background research on who’s who and doing what with whom.  It’s a pain in the neck, but wise to do.  As I used to learn the field of my profession (music), the terminology, to distinguish good from excellent, and know who’s who in general in my field (and as to the organizations also), it can be done in these fields also.

Again, I am still getting nationwide and intercontinental visitors — any of you are welcome to comment, particularly if you have checked any of the links and agree, or disagree.  And remember — if you’re a parent, try to stay AWAY from the child support agency and work it out some other way, especially if you begin divorce or separation as a custodial mother.

 

 Caveat emptor. (“Buyer beware”) There is no free lunch — the bill comes in later.  You pay in your freedom, and you may very well pay with your future, and your children’s.

Other Cooks in the Court Kitchens — California

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After reading some more today, and processing information I’ve had, I wish to post this link:

 

TITLE OF REPORT:

CALIFORNIA’S ACCESS TO VISITATION GRANT 

PROGRAM FOR ENHANCING RESPONSIBILITY AND 

OPPORTUNITY** FOR NONRESIDENTIAL PARENTS 


2001-2003

 

WHO THIS REPORT WAS ADDRESSED TO:

 

THE CALIFORNIA LEGISLATURE

 

WHO SUBMITTED THIS REPORT ON THE ABOVE TOPICS TO THE CALIFORNIA LEGISLATURE:

 

(The) Judicial Council of California 

Administrative Office of the Courts 

Center for Families, Children & the Courts 

 

This report has been prepared and submitted to the California Legislature

pursuant to Assembly Bill 673.  

 

Copyright © 2003 by Judicial Council of California/Administrative Office of the 

Courts.  All rights reserved. 

This report is also available on the California Courts Web site: 

http://www.courtinfo.ca.gov/programs/cfcc/resources/grants/a2v.htm 


I HAVE A QUESTION:

HOW COME DOMESTIC VIOLENCE

OR CHILD SUPPORT LITIGANTS ARE NOT DIRECTED TO THIS SITE

or INFORMED OF THIS PROGRAM

SO THEY KNOW WHY THEY ARE BEING

FORCED THROUGH MEDIATION PROCESS?

 

(FYI:  “mandatory mediation” is the one of many way to achieve the grant-mandated “required outcomes”attached to this particular program funding.  The “required outcome” is more hours, more time, more “accesss” going to the noncustodial parent.  While “parent” is said, “father” is basically meant.  Any legal process (with “due process”) that has a “required outcome” is by definition going to be, in some fashion, “rigged.”)

 

(It’s a rhetorical question.)

 

most of us are not checking up on the California Legislature while in an abusive relationship. . . . . 

MANY of us cannot afford attorneys, and have come to this place through nonprofits. . . . . not police. . . . 

Most of us are not rolling in extra time to do this research.

DURING THE YEARS IN QUESTION, I was dealing with transition from domestic violence.

It would’ve been helpful to know these processes and intents!

 

Brief Quote (I am running out of time to post today. . . . . )


Over the past five years, the U.S. Department of Health and Human Services has awarded 

a total of $50 million in block grants to states to promote access and visitation programs 

to increase noncustodial parents’ involvement in their children’s lives.  The federal 

allocation to each state is based on the number of single-parent households.  California 

has the largest number of single heads of households (1,127,062) in the United States.3  

California receives the maximum amount of possible federal funds (approximately 

$1 million per year), representing 10 percent of the national funding.  Federal regulations 

earmark grant funds for such activities as mediation (both voluntary and mandatory), 

counseling, education, development of parenting plans, visitation enforcement (including 

monitoring, supervision, and neutral drop-off and pickup), and development of guidelines 

for visitation and alternative custody arrangements.4   

 

Assembly Bill 673 expressed the Legislature’s intent that funding for the state of 

California be further limited to the following three types of programs:  

 

Supervised visitation and exchange services; 

 

Education about protecting children during family disruption; and  

 

Group counseling services for parents and children

 

 

NOW, FRIENDS, FOES, AND VISITORS:  HERE’S YOUR ASSIGNMENT:

READ THIS DOCUMENT, AND OTHERS LIKE IT (FROM OTHER YEARS, FROM YOUR STATES — I’M SURE THERE’S SOMETHING SIMILAR). “RESPONSIBLE CITIZENHOOD.”

 

And take a GOOD look at the “Fathers Rights” languages it’s laced with, and references to publications in footnotes on these matters.

This is social sciences through the courts. . . . 

 

. . . 

A recent study by Amato and Booth (1997), who 

looked at several trends in family life and their effects on children, found divorce of all 

factors considered, to have the most negative effect on the well-being of children.7 

 

The trends of separation, divorce, and unmarried parents, have potentially adverse effects 

on the financial, social, emotional, and academic well-being of America’s children.  

Noncustodial parents, generally fathers, struggle to maintain healthy and meaningful 

relationships with their children.  A recent report by Arendell (1995) illustrates the 

gradual disengagement of noncustodial parents. Contact with separated dads is often 

minimal, with 30 percent of divorced fathers seeing their children less than once a year 

and only 25 percent having weekly contact.8

Or, on page 6, Footnote 17:

 

 K. Sylvester and K. Reich, Making Fathers Count, Assessing the Progress of Responsible Fatherhood 

Efforts, (Social Action Network, 2002), p. 2. 


In a nation where 23 million children do not live with their biological 

fathers and 20 million live in single-parent homes (most of them lacking fathers)

 

 

AMONG REASONS, POSSIBLY, WHY, MIGHT BE”

 

 (intake forms to screen and assess for safety risks; separate 

orientations and interviews with parents; written child abduction procedures; policies to 

respond to allegations or suspicions of abuse, intimidation, or inappropriate behavior; 

copies of protective orders, protocols for declining unsafe or high-risk cases). 

 

 

(POST TO BE CONTINUED)….

 

 

 


 

What kind of choices are THESE for women!?! 1. Marry, legally WIN custody of child from former partner, and possibly die, possibly with others. 2. Due to “unhealthy alliance (marriage?),” Get a domestic violence restraining order and possibly die. 3. DON’T seek a domestic violence restraining order, and possibly die.

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Or, 4. like I did

a.  Obtain a domestic violence restraining order,  in hopes NOT to die.

b.  See ex given almost immediately (Search this blog for “Access Visitation Grants” or “SAVP”) liberal, unsupervised overnight visitation.

c.  Comply with it, consistently, and try to insist he does also

d.  After warning authorities and all involved of one’s concern about abduction, (and seeking child support enforcement), have them abducted an overnight unsupervised visitation to nearly permanently (or permanently) lose contact with them.

That at least beats some of the ALTERNATE version of Choice 4 (Obtain a Restraining Order)

4.d.1  REISER:  YOU go “MIA” on an unsupervised visitation exchange of the children, and show up years later (as part of a plea bargain of DA’s with husband who murdered you, with kids present), a few (less than 6) feet under — Google “Hans Reiser,”  only a moderate tweak of too many others to categorize, where MOM was either murdered, or an attempt was made to murder her, during an exchange.  

4.d.2. CASTILLO, GONZALES, CONNOLLY, OTHERS, SOME OF THEM NOW BEFORE AN INTERNATIONAL COURT:  After warning the courts and others that you feel visitation is unwise (or he just failed to return them at the appointed time), have your children drowned, shot, hung, or gassed to death – on an overnight visitation.  Note, like some of the driving theories behind families, this is now international in scope.

4.d.2.a.  Possibly go homeless from inability to retain work after so many years in the system, and so much prolonged exposure to stress and trauma that chronic PTSD, plus the unstable job history renders one unemployable.  

(I know currently two women who became homeless after the custody switch following domestic violence, and many more who are impoverished and unemployed, but thankfully not yet homeless).  

 

There are endless varieties of option 4, and sequential consequences to it, none of them, for the most part, helpful for the children, or society at large, so long as the current AFCC-run, Mediation-focused, due-process eradicating family law system continues to be the next step after domestic violence restraining orders.  The venue, players, and stakes just get higher, if this be possible, than when they were originally.  And are likely to remain so until one of these 3 possible consequences follows, at which point, there simply is no more money, or press, or government program to be squeezed out of the situation, just possibly a few press headlines for the first one below:

1.  Someone is killed.

2. Someone, or both parents — and their allies — are destitute.

3. All children have turned 18.

 

NOW ABOUT THE PAST 2 SUNDAY/MONDAYS IN THE GOLDEN STATE, THE STATE OF THE +/- $1 MILLION/YEAR OF ACCESS VISITATION GRANTS FUNDING (AND I HAVEN’T EVEN POSTED THE HEALTHY MARRIAGE DEMONSTRATION GRANT INFO YET) . . . . WHICH HAS (FYI) BEEN GOING ON AT LEAST SINCE 1998. . . . . (which for all I know simply represents when the on-line database geared up)

 

Some readers may  wonder why the motto (top right, button) on this blog reads:

Not a private matter —

 why “family” “law” hurts us all

Just another two sunny Mondays in Sunny California

illustrate the under-publicized dangers of actually

WINNING in court:

 

1.  Under, “win custody and possibly die”:

Monday, 07/06/09  San Jose

No independence week for her:

 

  

Bitter Ex Loses Custody, so “Wins” with a Gun.

THEIR Daughter, Her StepDad, the Neighborhood, and everyone else involved, LOSES.

Two reported dead at San Jose townhome after shooting and hostage situation

By Mark Gomez and Lisa Fernandez 

 

Mercury News

  • Shortly after 8 a.m. Monday, a neighbor bleeding from a gunshot wound ran by Anthony Gallardo’s San Jose townhouse shouting that a man had shot his wife in the arm and taken her hostage.
  • A relative who asked not to be identified said Coffman was wounded in the earlobe by a gunman who had entered his home and taken his wife hostage.    Gallardo let the neighbor and a hysterical 9-year-old girl into his garage to call police.
  • The woman had recently won a drawn-out and bitter custody battle with her ex-boyfriend over the 9-year-old girl, the relative said. 
  • That was how a  5 1/2-hour standoff started in the upscale Montecito Vista townhouse development Monday. It ended when San Jose police, failing to make contact with the gunman, entered the townhouse and found the bodies of a man and woman.
  • Police declined to identify the victims but said the shooting appeared to have stemmed from “a family dispute.
  • Damon Cookson, manager of an evacuated mobile home park near the townhouse, said mobile home park residents were let back into their homes at 2:45 p.m.
  • Police had evacuated homes in the townhouse complex and a mobile home park located next door so quickly that some left their homes shoeless, without money or cell phones. Other residents were picked up by friends or relatives so they didn’t have to stand outside in the sun.

According to the “Healthy Marriages and Responsible Fatherhood” advocates, she did the right thing.  She had a man in the home and was married to her; possibly she ran across one of their ubiquitous classes and, or had a religious conversion, and  realized that having children with boyfriends (as opposed to committed and financially self-supporting, faithful spouses — like, say, Steve McNair?) was not the upright thing to do for herself, health, or her daughter.  Perhaps there was even a child support order in place on the Dad, which may or may not have contributed to the bitterness of the divorce.  THAT 9 YEAR OLD GIRL WAS IN A HETEROSEXUAL 2-PARENTS, MARRIED HOUSEHOLD.  HEALTH AND HUMAN SERVICES WOULD’VE HAD  NO ISSUES OR INTERVENTIONS IN PLACE FOR THIS HOUSEHOLD.

Perhaps the man who married her (let’s hope) really loved her, and vice versa, enough to take public vows and make it legal.  ACCORDING   TO THE DESIGNER FAMILY MENTALITY, THIS ONE SHOULD’VE WORKED.  SHOULD THEY TAKE IT BACK TO THE DRAWING BOARD AND PUT A FEW $$MILLION ON HOLD BEFORE SOMEONE ELSE GETS KILLED AND SOME OTHER KIDS ARE ORPHANED?  WAS THIS HOSTAGE/SUICIDE/FEMICIDE SITUATION PREDICTABLE?)

History of domestic violence, stalking, or other criminal activity, or NO history of domestic violence, stalking or other criminal activity, her attempt to pursue child support on behalf of the child, the answer is:  YES.  Being stuck in family court is rough on everyone.  Rules of evidence are weakened in this venue (See link in my last post), making hearsay accusations easier.  Psychology reigns, and there are people who profit from this.  Money trades hands for sure.  

YES, in the fathers rights vs. feminists (supposedly this is the war) climate overall, it was probably predictable, though maybe not perhaps not the timing of it.

Will people sit up and take notice, and change policies because of this death?

I doubt it.

She was married to Coffman, who texted the relative short updates all day long.  The woman was a respiratory therapist at a local hospital.

(More detailed background story, and link, on this case at bottom of today’s post)

 

This case was not a week old before another one in Northern California hit the press, and the late-night TV stations:

2.  Monday, 07/13/09Novato (not including multi-county Amber alert)

File Under, “Win a temporary domestic violence restraining order, and possibly die, leaving your infant with Child Protective Services,

after she experiences a nice little kidnapping.”

(Did the infant witness her mother being beat to death with a baseball bat also?)

Actually this was a SUNDAY, and the father was caught, apparently on Monday.  Good thing, being as  he was a murderer, son of a murderer, a child-stealer, his brother had a drug habit and he himself was in the family porn industry (makes one question the advisability of the match, for sure).  I wonder if Access Visitation Grants funding would’ve come into play under THIS one.  Maybe when he’s been in prison long enough, they will come after him to make contact with his daughter, after all, there IS a plague of fatherlessness, and he WAS (apparently) his little girl’s father.

Which is likely what he was thinking when he killed the Mom and kidnapped her, too.  How DARE that woman separate me from my kid and accuse me of violence!  I’ll show her what violence is!

I cannot stand to read every report on this one…

 

Porn King’s Son held in Baseball-Bat Beating Death

 

NOVATO, Calif. — A 1-year-old girl was safely recovered early Monday and her 27-year-old father in custody after he allegedly brutally beat the girl’s mother to death with a baseball bat, authorities said.

He was suspected of beating Danielle Keller several times with a baseball bat before fleeing with the girl — who was celebrating her first birthday — and threatening to kill any law enforcement agents who came into contact with him, according to police.

 

The baby has an age.  The murderer kidnapper father has an age.  Is there any particular reason why the Mom in this story doesn’t merit one?

Family members told KTVU that there was a history of domestic abuse and restraining order had been issued against Mitchell in both San Francisco and Marin. Keeler’s mother, Claudia Stevens, said Mitchell had stormed into her Novato home three weeks ago and threatened violence.    He also had been making threatening phone calls, she added.

 

…And this did not result in his IMMEDIATE arrest and incarceration for violation of restraining order WHY?

Mom didn’t know?  Courts didn’t function?  Mother still traumatized, didn’t register the importance of this?  Police were called on the violation, but didn’t do anything?  Police weren’t called? Police reported, but no one prosecuted?  No precedent that this was a danger sign existed?

3 weeks.  Hmmm.  Was the case was in family court?  Had they been to the mediator yet?  Did the mediator say to them, as the mediator did to ME (shortly after I filed domestic violence restraining order with kickout, AFTER the violence had escalated to the guns, knives, serious injury phase,putting this “family matter” at a clear domestic violence, felony, not misdemeanor)  “just peaceful communications about the (children)” — and totally failed to specify:  Place of exchange.  TIME of exchanges around holidays.  Or child support, resulting in the soon thereafter need to resort to welfare, until I could rebuild some income.)  

Excuse me.  File under,

Another needless death, another burden on California taxpayers, another traumatized little girl,

family, and neighborhood”


(I imagine it also might be filed under, don’t hook up with men involved in the porn business.  What are women, desperate these days?  Was she attracted to his testosterone?  There are down sides of too much of that, I suppose….)

This is a cruel thing to say, but I am searching about for WHY this bloodshed just doesn’t stop, no matter how many policies or laws are in place.  There HAVE to be a few consistent reasons.  Added to my concerns are, why is that our nation is raising  — or inhabited by — so many dysfunctional adults of criminal nature.  

Perhaps the problem is with the concept of the Nation (as opposed to individual families) raising them.  But, as I say sometimes, this is a family law blog, not an education blog.  Perhaps the problem is religion, as I KNOW this is a factor in many domestic violence cases.  Perhaps the problem is LACK of religion (morality / common sense // ethical behavior).  Perhaps the problem is an alienated populace — from each other as well, except within the various cliques.  Perhaps the problem is fatherhood vigilanteeism (actually, I think this is VERY close to the truth, and filed, at least in part, under religion).  Perhaps the problem is that reaction against feminism, AND against the perceived lack of religion nationwide, breeding neo-con and worse versions of what went before.

OH — PERHAPS it’s that we don’t teach women how to defend themselves, or that this is a feminine and desireable life skill.

PERHAPS it’s that we don’t teach women boundaries, and how to defend themselves.

PERHAPS it’s that WE think someone else is teaching or doing something else that, in former centuries, “we” had to do ourselves.  Like, raise and prepare food, learn to read, teach our kids to read, and so forth.

LAST ONE, MORE RESULTS. . . .

Amber Alert Novato, Search Results 48,000

Perhaps some of these will telll how she ended up with the dude…., that, for a first birthday celebration, clubbed Mama, to death with a baseball bat.  
Last week’s femicide/suicide?  
Old news:  Only 600 results

Brewer, Victoria E. & Derek Paulsen (1993, November). A Comparison of U.S. and Canadian Findings on Uxoricide Risk for Women with Children Sired by Previous Partners. Homicide Studies, 3(4), 317-332.

Bunting, Helen. (2008, February 19). Women and Daughter Killed in Chile’s Latest Femicide. The Santiago Timeshttp://www.santiagotimes.cl/santiagotimes/news/feature-news/woman-and-daughter-killed-in-chile-s-latest-femicide.html 

Bunting, Helen. (2008, February 6). Femicides in Chile: 10 So Far This Year; Three in 24 Hours. Santiago Times, http://www.santiagotimes.cl/santiagotimes/news/feature-news/femicide-chile-10.html 

Bunting, Helen. (2008, January 24). Three Femicides Recorded So Far in 2008. http://www.valparaisotimes.cl/content/view/296/1/ 

 

And the well-known, and still not part of policy in family court matters, studies by Jacquelyn Campbell:

  • Campbell, Jacquelyn C. (2004, December). Helping Women Understand Their Risk in Situations of Intimate Partner Violence. Journal of Interpersonal Violence, 19(12), 1464-1477.
  • Campbell, Jacquelyn, Carolyn Block, & Robin Thompson. (1999). Femicide and Fatality Review.  Next Millennium Conference: Ending Domestic Violence. http://www.ncjrs.gov/pdffiles1/nij/grants/184570.pdf
  • Campbell, Jacquelyn, Nancy Glass, Phyllis W. Sharps, Kathryn Laughton & Tina Bloom.  (2007, July).  Intimate Partner Homicide: Review and Implications of Research and Policy.  Trauma, Violence & Abuse, 8(3), 246-269.

 

Oh, Mea Culpa.  The word “femicide” is for a specialized field of study.  Maybe it’s under “homicide/suicide.”  Better also be more specific, since “homicide/suicide” would jam my software again, too large.

San Jose homicide/suicide— Google results

 

Was THIS one avoidable?  Answer:  YES!

“San Jose man recounts murder-suicide that left wife dead.”

Mercury News, 07-10-09 8:49am updated

The couple had long been leery of Liang and worried he could be capable of violence. A 2003 stalking charge was dismissed against Liang for threatening to kill the two of them, even though Coffman said neither he nor his wife were called as witnesses.

Ying He and Liang came to the United States from China in 1999, Coffman said. They had a baby girl in the Bay Area on June 14, 2000. Liang sent the girl to live with his wealthy parents in Guangzhou, and because Ying He had pending immigration status, she couldn’t freely travel between the countries.

In 2006, Ying He discovered her daughter and Liang were living in Southern California. She also discovered, Coffman said, that her ex-boyfriend, a gambler, was short on cash.

“They made a deal,” Coffman said. “Brandi said she’d give Nelson some money and he said he’d give her their daughter.”  {{NO CONTACT WITH MOM FOR SIX YEARS…..}}

But Liang reneged on his part of the deal, Coffman said, and disappeared with the girl. Coffman and his wife hired an attorney to find Liang and fight for full custody. After about two years, Liang and the girl surfaced again in Southern California. In March, Liang didn’t pick his daughter up from school one day, and police reports show Liang told school officials in Arcadia that he no longer wanted to care for his child. He was soon arrested and pleaded no contest to child endangerment. The girl was put in state care

 

Let’s get that timeline again:

2000 — baby born

Shortly thereafter — Dad sends baby away, no contact with mother.

2003 Dad found stalking and threatening to kill Mother AND her new husband.  (SOUND FAMILIAR?)  Doesn’t apparently even make the DA’s radar, although there are anti-stalking laws in California, and stalking has been listed for many years among lethality indicators. Perhaps he also had some concept of maybe extorting the new couple (in re: gambling habit?).

Also (sounds like my own case in this regard), stalking as seen as irrelevant to child’s welfare.  Dad retains custody, and this couple is not really on the map, or the child, legally speaking??

Unclear (here) whether they still thought daughter was in China (no mail or phone contact?)

2006 – child is located, and mother and new husband invest money and time attempting to get her in their household.

Father receives money in exchange for daughter, obviously they were trying to settle out of court.  Father agrees, takes money, and doesn’t turn over daughter.  Possibly the FBI should’ve been involved here?

2008?– Father, changing his mind again, abandons daughter (note:  that he sent his daughter back to China MIGHT be an indicator he didn’t want custody, right?) and the state picks her up.  It MIGHT be deduced from the court records, by “the state” that a parent who wants the daughter, and is in a stable situation, exists.  However, that parent was a mother….

2009 – April.  State figures it out, and gives child back to mother.  Child-endangering, stalking Dad still has visitation rights:

Liang still had visitation rights and weekly phone calls.

 

Why doesn’t that surprise me?  You still in favor of shared parenting, frequent visitation, fathers — ANY fathers — return day?  If not, find out which Congressmen (and if any women) voted for this in 1998 and 1999 in the U.S., and write them why they should re-think the resolution — what WAS that about, opting for population control by homicide/suicide??

Which tells you about family court in California:  Far be it from Family Law Judges to notice that trivialities such as sending kid back to China, where her own mother couldn’t nurture or see her for YEARS, while staying here and racking up a gambling debt, stalking and threatening to kill the mother and her new partner, and child endangerment by abandonment, should be taken into account in designing a custody/visitation order!

 

On Sunday, the day before the shooting, Liang called to speak with his daughter, asking her strangely specific questions about her schedule. Coffman believes Liang was casing the family for the attack.

 

My question:  WHEN did Coffman or his wife hear of those strangely specific questions?  Was the daughter alarmed?  DId no one catch the anomaly.  That instinct of “this is strange, isn’t it?” can save lives — in a family, even if the state misses the boat…  I suspect they hadn’t processed that information yet, and didn’t think that Liang would act so quickly.

ALWAYS play it safe!

I see we bloggers are going to have to work harder at getting the news out:  Before entering family court situations with difficult custody battles, get martial arts training — and exerrcise your second amendment rights.

QUESTION OPEN:  WHY DID THE COUPLE COME TO THE U.S. TO HAVE THE BABY?

ENDNOTE:  China is known for not valuing girl babies as much as boy babies.

 But the U.S. ought to have understood when children are viewed as poker chips in a high-stakes custody battle.

I think this one might be more gambling debt as much as jealousy contributing to the problems

 

IT TAKES MORE THAN MONEY TO BE A GOOD SECOND DAD WHEN THE FIRST ONE WAS A NUT CASE.  


“Wife fought off Pa. man killed in shootout.” Maybe–MAYBE, Forget the Restraining Orders, Remember 2nd Amendment? Or, toss a coin…

with 2 comments

 

Part II of II on “Responsible Citizenhood” is in labor.  

The waters have broken, and there is a flood of information and synthesis of concepts gushing forth on many topics, and my brain is dialating.   They will have to be posted in stages.

Translation:  I am being a Responsible Citizen (see prior posts) and exploring who is my Congress, the Constitution, who is funding whom, and finding all kinds of juicy information on whose idea was it to reinstitute a national religion called Fatherhood, funded by all of us.  I have also located a few new (to me at least) search tools How many thoughts have been provoked!

But, this (relatively) recent news alert reminded me, that Part of Responsible Citizenhood might entail learning how to handle a gun, and being willing to use it during a home invasion.  Even a home invasion by an estranged husband:

 

Wife fought off Pa. man killed in shootout

by Michael Rubinkam

Let’s look at this headline again.  This woman fought him off, and neither she, nor any of her offspring got killed.  If you look up the articles and read the details, she made a mistake, which, if you read below and see how WIGGLY Pa considers the “PFAs” when it comes to what they mean, is almost understandable.  But once the situation became clear, she took QUICK action to protect her children, get free, and call for help.  

This is not, folks, how it often plays out.  Who knows whether, God, fortune, or luck played a role, but we DO know this woman didn’t stop to debate, and she also didn’t panic and go dysfunctional.  May I propose that this woman listening to her INSTINCTS and acting on them may have prevented a higher body count.  LESSON ONE:  Don’t jerk around with someone who has just crossed a boundary.  Don’t second guess instinct.  And (next time) don’t compromise one INCH on an existing protective or restraining order — it sends a mixed message, and could lead to this.

May I propose something else?  I suggest that lawmakers and courts consider that women are people too, and smarten up to having us believe the fiction and play the slot games with any intimate partner who has been battering us in the home, or threatening to, etc.  May I suggest that instead of — or in addition to — DISarming him, they somehow ARM her, and if she’s not trained how to do so, get her some professional responsible training.  It could be mace, it could be pepper spray, but constitutionally, it could be a gun, too, at least in the home.  

Given the options, she has hope, luck, prayer, and walking around the neighborhood with her instincts on alert, her antennae up, and then trying to also rebuild a life.   “LIFE, LIBERTY, and PURSUIT OF HAPPINESS.”  Now what was that first one again?  

Detriment:  May give a whole new picture of “motherhood” to “fatherhood” people who don’t believe women should be allowed to separate, do not have equal rights, and VAWA should go back to where it came from.      

In this above statement, I omitted the comma between “fatherhood” people and who don’t believe.  This is generous on my part, because I am conceding that there could be people all excited about and promoting fatherhood who DON’T believe these things.  In fact, I don’t really believe this.  I think that what the “fatherhood” movement is about is that the genetic / gender / biological composition of a family and household (one man, one woman, both married) is more important than the character or behavior of such families.  I am not the only person who believes this.  Some data is here (hover cursor for my comment.  Note:  This dates to 2002, almost 7 years ago.      .http://www.canow.org/fam_report.pdf. 

Now, when I married, I picked someone of the opposite gender, rather than someone of the same gender and, when it came to wanting children, either adoption or a sperm donor.  This is probably because of how I like my sex, and the other versions didn’t concern me.

However, when I realized that my opposite-gender person’s main concern was my gender and household function ONLY, and not me as a person — and began physically punishing me for showing up as a person like him, and expecting to pursue some personal goals, not only the laundry/cleaning/nursing/f____ing role (in addition to supporting him in his business, and — if I wanted necessities — also working myself in and/or outside the home for pay) — I made a determination that behavior was the determinant, not gender, or a two-parent status.  The MAIN reason I did this was because we had children, and it was a damn lousy role model they were being exposed to.  The children were of my gender, and they were being taught how this one was somehow inferior and equipped with fewer rights, if any, and no boundaries or ability to say NO without taking retaliation for it.  THAT’s a lousy role model, and he got himself evicted, not after several warnings.  

I suppose you would like me to get to the story here, how THIS woman saved her life, her children’s life, but alas, not the pursuing policeman’s life, or her husband’s (although I lay that one as his responsibility — no one forced him to threaten his wife with a gun or kidnap his child, or place himself above a clear law he knew was in place upon him).

 

YATESVILLE, Pa. (AP) — Hobbled by a broken ankle, the estranged wife of a man killed in a shootout with Pennsylvania state troopers managed to fight him off as he threatened her with a gun before he kidnapped their 9-year-old son, the woman’s friend said.

 

The order of events is a little jumbled in the paragraph.  The AP wanted it out fast, I guess, and so we get this:

  • A. Her ankle was broken
  • B. She was estranged from her husband
  • C.  He was killed by PA state troopers in a shootout (i.e., he was shooting back).
  • D.  1.  She fought him off 2.  while he threatened her with a gun.
  • E. He kidnapped their 9 year old son.

Having been through a FEW of the events above (not including the shootout), let me put it, I suspect, chrono.

  • B.  Cause of broken ankle — don’t know and probably not relevant.
  • D.2 He threatened her with a gun
  • D. 1 THIS MOM FOUGHT BACK.
  • E. THEN (having been fought off), he grabs their son and dashes off (probably in a car).
  • C. State troopers, apparently, caught up with him, and I’ll gol-dang bet he shot first.  Predictably, they shot back. 
  • Thank God the state troopers had some firearms training, so HE got killed, not his wife and not the son he kidnapped, this time.

First of all, let’s deal with the grammar dishonesty (gender bias?) with B.  “She was estranged from her husband” which has an element of the truth, and distorts the actual context.  This is such common press practice in domestic violence homicide (or incident) reporting:

LEGALLY, it appears he’d acted first, and she had responded with a “protection from abuse” order.  Unless the news disagrees with the judge that is THE most relevant factor in the case, apart from this incident.  It most certainly is prime factual,  legal and emotional dynamic CONTEXT of the incident.  “She was estranged” could’ve been, she got tired of his dirty socks around home, she wanted to pursue another affair, or he did; he refused to work OR was an alcoholic, she was bored, he was using drugs or alcohol, or they had other “irreconciliable differences.”  “She was estranged” already must minimized the truth.  If a protective order was in place, and these reporters are not aware enough yet that this produces LOTS of hot news leads in the form of crime reporting, they need to review the job descriptions — or their editors do.  (To tell the truth, I didn’t notice this the first time through the story myself, although I have always thought it an odd phrase).  

B.  THEY were estranged.  or, better,

B.  “In _____ (date) (or how recent), she obtained a PFA (say it:  “protection from abuse“) order (in what court, or county), forcing him to leave the family home.

It is so typical of abusers, abuser enablers, and for that matter, the bulk of the family law system, to IGNORE THE ACTIONS and TALK ABOUT WHO “WAS” WHAT RATHER THAN WHO “DID” WHAT.  IT”S PSYCHOLOGY NOT EVIDENCE.  THIS IS NO ACCIDENT!

From the 2002 California Family Court Report (link above):  (under “Loss of Due Process”)

A. Lack of procedural and evidentiary due process,since the Family Code was 

separated from the Code of Civil Procedure and the Evidence Code in 

1992. 

 

 

Alas (and the emphasis of other articles on this event) — – Mad Dad was not in a compromise mood, and shot at responding officers.  Terribly, he got a cop, too. Again — and these officers WERE brave, and they DID stop a kidnapping in process.  

That’s about a recipe for suicide by cop.  Whether or not he had thought THIS far ahead, one thing is clear:  He’d pre-meditated far enough ahead to bring a gun and point it at his wife.   

I experienced a decade of being exceedingly afraid of my husband in the home, being traumatized, and eventually being sure enough (because he talked about it often enough, fantasizing about this, and telling me, so, or otherwise bringing it up casually in conversation:  “I’ll just have to kill you.”  At this time, both our children were under 8 years old.)  This has caused economic devastation upon me, my daughters, and people associated with both him, and us.  It has wasted taxpayer funds year after year (in family law, where our case shouldn’t have been at the time) and taken almost 20 years of the prime working years of my life and trashed them repeatedly, under threats, stalkings, intimidations, sudden appearances at my home, and in general, one hell of a mess.  He is still only working part-time, if that, doesn’t pay taxes (I don’t because I don’t earn enough), he is not financially independent yet and, because of this and unfortunately, neither am I.  Our state is broke (supposedly) which is headline news, and is getting people very short-tempered in general.

I wonder, and I DO reflect — SUPPOSE I HAD FOUGHT BACK, AND NOT ONLY THAT, THREATENED BACK:  IF YOU EVER DO THIS AGAIN, YOU’LL BE MISSING A BODY PART.  OR DEAD!    And then dropped everything until I had learned self defense.

Or, I had told been less committed to my marriage vows, and dumped his ass out on the street — in other words, brought it to a head earlier.  WHY did I not do that?  (a number of reasons:  #1.  VAWA and awareness of DV laws was not commonplace.  #2.  I’d never had a similar experience where I had to set a boundary with a violent man before, and wasn’t acquainted personally with such situations.  #3.  self-defense and handling a gun is not a typical part of the public school education, and not exactly promoted, as in, exercising 2nd Amendment rights, in general.  We are not hunting our food, but buying it, for the most part (or growing it).  I was not raised in urban areas, where awareness of guns and gun violence was commonplace, but in more rural; people shot deer, or sometimes squirrels, not people!  I also wasn’t raised on TV.  

School rewards taking orders and obeying rules, at least theoretically.

And that’s not “feminine” behavior.  

~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~

WHAT IF MEN UNDERSTOOD  – – – REALLY UNDERSTOOD  – – – THAT EVEN WITHIN A RELATIONSHIP, A SMACK WILL BE SMACKED, BACK, HARDER, BECAUSE IT’S SO OUT OF ORDER?   WHAT IF WOMEN WEREN’T SO DESPERATE TO SURVIVE ECONOMICALLY, OR FOR SEXUAL ATTENTION, OR TO HAVE A MAN ON THE ARM, THAT NONE OF THEM COMPROMISED?

WOULD THERE STILL BE FAMILIES AS WE KNOW THEM NOW?

Maybe the fatherhood guys are “right.”  Maybe  (from that perspective) if men are not needed to provide for and protect women,and defend them from other suitors, stalkers, or rapists, or to help them, particularly when they are more vulnerable, pregnant and raising young kids, the differences between the sexes (as to functions in life) would so blur, that, well, the drive to achieve and provide would diminish, the wheels of the economy would crumble (and a lot of faith institutions also), and life just wouldn’t have that same glow, or afterglow.

Without the primal urge, there would be no skyscrapers (9/11?) or cathedrals, and no empires, multi-national or otherwise.  Maybe.  life just wouldn’t have that zest and drama.  Newspapers would need to find other ways to sell the products, if there weren’t crises to report. 

Well, that’s a larger topic.  But it seems a natural question:  If the nuclear family ain’t what protects, and provides for its young, the only alternative is for equality of income.  NOW, Papa Obama and the majority of  Head Start, Zero to Five, Administration for Families and Children, (sorry sir to pick on you, this wasn’t your idea to start with) might be out of work.  ONLY if the ONLY way to produce income is a “job” that MUST be done outside the home, ONLY then is it essential to have the other functions of raising a family:  care, daytime feeding, and education — to be done by someone else, institutionally.  

However the people so vigorously promoting this solution ONLY (and highly suspicious of, say, the homeschooling option which is a lot more fluid, lets mothers network and find each other’s long suits, collaborate locally to find the best teachers (including some of each other, as well as hired professionals), and fire the lousy ones — now THAT’S a plus) and actually have a better understanding of who their children are, and possibly better relationships with them, not rigidly defined ones) — these people — and I coudl show you, or you could look for yourself — are THEMSELVES either inheriting wealth, or have sufficient assets to go fund ggovernment policy, publicize and drive various programs through and teach THEIR young how to own businesses and produce passive cash flow, themselves.

Then who would work in the businesses they own?  There has to be a steady population — and the majority of the population — that does NOT know how to live independently from the government, or the “employee” situation — or life would, well, it just wouldn’t work right.  Who would work the factories, produce the many, many terrific products we enjoy in this country, the material prosperity, the varities of fast foods (and agencies pronouncing that fast foods are bad for you), and all that?

(Along with the domestic violence kidnappings, suicides by cop, traumatized kids, and sometimes dead people, that go along with when this doesn’t work out so well…..).

Well, that dialogue is what I get for thinking.  It’s Monday night quarterbacking, I guess, “what-if” scenarios.  I cannot turn back the clock in my own case.  The fact is, if I hadn’t been who I was, probably the genetic and particular DNA of my two wonderful daughters (who are probably not reading this, yet), and with whom I am NOT spending any more time, would not have been born.  I have already determined (and she’s spoken with me recently) that woman number two was targeted for a certain gullibility and in a certain venue, for use to get the kids away from me.  He’s out on the loose again, troubling me, because I’ve been contacted, and her, because of what that indicates.  

HOWEVER, the rest of this post, below, shows how the local Women’s Resource Agency describes why women should keep coming, keep asking for “PFA” orders and keep playing the odds, because, it’s after all, only about ONE out of THREE cases that violates these orders, and “NOT ALL” do “WHAT HE DID.”

Well, in school, 66% is not a passing grade.  Last I heard, 70% was.  We are talking 66% success rate when the other 33% (add your decimal points later) might get killed and result in this.  We’re not talking about graduating from high school, but living out a normal lifespan, and not in terror, trauma, or having to before a child is ten, witness a homicide.  Or two.  Or being kidnapped.  About officers NOT having to make that sacrifice, and THEIR children lose a Daddy also.  How is THAT “promoting responsible fatherhood.”

I think that the time of restraining orders may have passed, and that we probably need to focus on both attitudes, cultural values and self-defense techniques (including weapons if necessary) that make it ABSOLUTELY clear that any such violation of a personal boundary in the form of a HIT will be met with equal, and to make a point, slightly greater responding force to emphasize the unacceptability of it.

 

I think local communities will have to figure out processes, not “states” they wish to achieve.  And this requires being realistic about restraining order and a valid understanding of what abuse IS.

I have one:  ABUSE is violating personal boundaries (and, most time, state criminal laws) in order to establish a “giving orders” situation between what should be intimate partners.  As such, it qualifies as “two-year-old” behavior and should result in the adult who has regressed to it, and thinks that 2009 is, in fact, closer to 1920 (when women finally got the vote) should be treated like the two-year-old mentality of, the world should conform to you when you don’t like it, without your submitting to some process of negotiation, compromise, or humility.  I would like to add that, as I recall this, I always wondered why our daughters didn’t go through the famous “Terrible Twos” {is this an Americdan term only?  I don’t know…}  rebellious stages. I remember this at the time also.  It could be that we weren’t dumping them off in daycare, where they needed more attention, oir it just possibly could’ve been that we had a much larger Terrible Two in the home, in the form of their father, and they knew this.

Only when it’s UNacceptable throughout society to beat women, and terrorize anyone, will this stop.  The only acceptable reasons for doing anything like this in defense of life’s essentials — and these do not include maintaining a status quo in which the abuser’s world is perfect, and his ego cannot handle rejection, the need to apologize, or occasional value conflicts.  The heart of any really good intimate relationship would do real well to closely resemble what’s written in the Declaration of Independence and the Bill of Rights, which most of us (and our legislators) have apparently forgotten.

I happen to be a Christian, and my faith tells me about when this will, and will not happen.  I have had to often re-evaluate the duality (us/them) and domination (Christ came once and was humbled/crucified voluntarily, but will return in authority as king and by force put down all rebellion, bringing in world peace), and I assure you, in the many, MANY years I have been around and working (through music) in several faith institutions, the music is terrific, but within white (in particular, but not only) Protestantism, nondenominational especially, equality of women is “anathema” and these places are producing wife-beaters and wife-killers.  They do not communally or prominently acknowledge the laws of the land in their hearts, and many (those who do not ordain women, or and hate even the concept of them in leadership, let alone of gays, or lesbians) , despite sometimes sheltering a battered woman, or helping her (i’ve been helped a few times recently), they will NOT stop sheltering the doctines and attitudes that produce more batterred women, and more overentitled men.  this is behind the “fatherhood” movement, and it produces a form of social schizophrenia, in which we have a public school system where “God” is not allowed, or prayer, yet public policy where “faith-based” advice and policies are promoted.  Well, which is it, folks?

That’s all the psycho- social-analysis for this post.  What’s below (written earlier) relates more directly to this particular domestic violence double-homicide, kidnapping, assault, and tragedy which began with “she was estranged,” and a look at the neighborhood response.

What probably kept that woman and her children alive was her willingness to fight back.  What put her at risk was compromising the existing restraining order (including drop off at curb), and (possibly) her not having the means or intent to, at ALL times since it was issued, NEVER compromise it AT ALL.  ONE means might be for her husband to have understand that she understood her 2nd Amendment right to self-defense, and having it in the home, AND her willingness and intent to act on it, if even 3 yards of  a restraining order was violated.  This sends a clear message, and would put that man back in a place to reconsider whether he wants to test the limits, or can talk or plan, or manipulate his way out of obeying that order.  

The courts need to do more to communicate this necessity to women who have just separated.  They need to understand that NOW, it’s OK to take a personally aggressive stance and back it up with a willingness to act if boundaries are violated.  That IS, after all, WHY the “United States of America” is no longer a British colony, or any other colony (so far), and we might do well to keep communicating this principle to our young, boy and girl alike. Not to belabor the point, but our schools absolutely do NOT, do this at this point, and I say, intentionally so. You can’t “manage” people so well who understand their self-worth.

However Susan Autenreith may have been raised, at the crucial time, she found something within herself to say No, and stand up to this.  Having made a mistake, she didn’t condemn herself or try to talk out of the situation.  Gun meant FIGHT BACK, YELL DIRECTIONS TO HE KIDS, &  CALL FOR HELP.

 

How Logical Is This?

~ ~~~~~~~~~~~~~~~~~~~

About that MOM?  

Let’s go chrono, OK?

Not all (female) readers have been through the process of, say,

(1) childbirth,

(2) being assaulted, threatened, intimidated, battered, and in short abused, or other situations which tell you “Danger! Danger!,”

(3) filing and getting a PFA (domestic violence restraining, or etc.) order with kickout, indicating “Danger!  Danger!” to all and “STAY AWAY!” to Dad, (and, you can’t buy guns, either, or own them), and then 

(4) IMMEDIATELY after these at least actions (applying for a temporary, filing with judge, getting it signed, serving the husband (which then in effect throws him out of the house in some manner), going to court for a hearing to have it made permanent, having it made “permanent” (i.e., facing the ex in that court hearing), and meanwhile attempting to explain this to one’s children in terms they can understand why he can’t live here anymore, then — with a restraining order in effect — typically the NEXT stop is the mediator who will then proceed to act as though there wasn’t really, any serious domestic violence (other than, meetings may be separate) and say, “OK, so long as it’s peaceful communications around the children” and then design some visitation plan any other divorcing couple might have, even the most amicable divorces.  Which appears to have happened in this place.

In 1992, Jack Straton, Ph.D. (NOMAS:  National Org. of Men Against Sexism) recommended a cooling off period.

So far, no one has figured this out, evidently.

(5) Agreeing, after this, to a custody/visitation exchange plan which basically has a split personality:  

Hey, he  was so dangerous, you had to get a judge to tell him  to stay away, and order no weapons in the home, BUT . . . .. BUT . . . . . it’s OK to give this same, by now pretty distraught or indignant/upset man access to the fruit of his loins, regularly . . . .  After all, what about a child’s right to bond with both parents?  

This, I say, gives the man, the woman, and the children a mixed message.  I have also learned (the hard way) since, the courts ALSO are getting contradictory messages (and funding) about these matters.  IS domestic violence a crime, or not a crime?  

And so we get cases like the Autenreiths, where Dad didn’t LIKE having that protective order in place, and made this clear with a 9mm.  His girlfriend helped him get a gun.  Again, his girlfriend.

WHICH BRINGS UP THIS POINT:  Telling a man to not own weapons, and get rid of any he does own, doesn’t prevent him — in the least — from grabbing one from a friend who has one (or in this case, a girlfriend buying one for him.  I believe this is called a straw purchase, and laws exist to address this, but still, it points out that generally there is a way around the law for those who intend to find one).

 

(How long were they separated?  How hard is it for a man with a plan to get around a piece of paper?)

in order to STOP the cycle of abuse which, without intervention, generally does one thing — escalate, until someone is killed, or more than one, 

 

WHAT ARE THE ODDS?  HOW WELL DO YOU KNOW THAT MAN?  HOW WILL HE RESPOND TO THE PFA?

=======

HERE IS THE RESPONSE REGARDING “PFA’S” TO THIS PARTICULAR ASSAULT, BATTERY, CHILD-KIDNAPPING, THREATS, CAR CHASE AND DOUBLE-HOMICIDE.  I HAVE EMPHASIZED ANY AREAS  THAT SHOW UNCERTAINTY, LOOPHOLES FOR DANGER:

WOMEN’S RESOURCES OF MONROE COUNTY (PA):  PFA’s WORK IN MOST CASES

By Andrew Scott

Pocono Record June 12, 2009

A protection-from-abuse order [“”PFA”] may be just a piece of paper unable to stop the likes of Daniel Autenrieth, the Northampton County man who threatened his wife at gunpoint, kidnapped their son and led police on a high-speed chase that ended in a fatal shootout in Tobyhanna.

{To review:  PFA, then:

  • DEAD PEOPLE — 2, OFFICER, MAN
  • WOUNDED — 1, OFFICER
  • VERY TRAUMATIZED — 9 YEAR OLD SON, MOM, OTHER KIDS}}

 

The fact remains that most people with PFAs filed against them comply with those court orders and don’t do what Autenrieth did. So although PFAs aren’t absolutely guaranteed to stop someone who’s unbalanced or really intent on doing harm, people who are being physically abused or feel threatened with physical harm in relationships still should apply for PFAs.

{{Perhaps they should also buy a Lotto ticket?}}

That was the message at a Thursday press conference at Women’s Resources of Monroe County in Delaware Water Gap. Women’s Resources is part of the Pennsylvania Coalition Against Domestic Violence, which provides a network of advocacy, legal, counseling, medical and other support services for domestic violence victims.

. . . 

In Pennsylvania, PFA violators can face up to six months in county jail and fines of up to $1,000, depending on the severity of the violation, said Wendy Bentzoni, a detective with the Monroe County District Attorney’s Office.

If a woman requests a PFA against her husband and he consents to the order’s terms

  •  Being evicted from the home he/she shares with the plaintiff/victim and having no contact with that person.
  •  Being evicted, but being allowed to have contact.
  •  Being allowed to stay in the home as long as there is no physical abuse or threat of physical abuse.

In Pennsylvania, a PFA can be in effect for any length of time up to three years, depending on what a judge rules or what the parties involved consent to in each individual case. If the defendant doesn’t violate the PFA, the order simply expires when its time is up.

In Pennsylvania, a PFA can be in effect for any length of time up to three years, depending on what a judge rules or what the parties involved consent to in each individual case. If the defendant doesn’t violate the PFA, the order simply expires when its time is up.

Of the 450 PFAs granted in Monroe County last year, more than 125 were violated by defendants, Bentzoni said.

{{OK, Let’s look at that.  Suppose it was 150.  150 violated out of 450 is 1 out of 3.  That means for every 2 that WERE kept (as far as they know — by whether or not a violation was reported or not) 1 was not.  How do you like them odds?  Your PFA has a 33.33% of being violated (in which case, see above for potential risk/fallout).  

 

In some cases, getting a PFA filed against an abuser can worsen the victim’s situation because the abuser sees it as the victim trying to take power away from the abuser{{WHICH IT IS INCIDENTALLY}}, she said. Desperate to retain that power over the victim, the abuser might become even more dangerous.

“Against someone with no fear of the law or jail, a PFA might not be the best action to take,” Kessler said. “In that case, we explore other options with the victim. The goal is to get the victim out of a vulnerable position.”

If the abuser is the sole breadwinner for the victim and their children, fear of losing the abuser’s financial support also might deter the victim from applying for a PFA, Kessler said.

 

Well, I know in my case it sure delayed getting one.  Often economic abuse can precede physical.

Economic abuse can precedes and enables the physical AND IS PRE-MEDITATED.  If the targeted person can’t afford to get away, or see how they could conceivably do so, they will take their chances staying, possibly.  What a great choice — homelessness or increasing domestic abuse.  

So, it seems to me if we want a less violent world, the most sensible thing would be focus on teaching children and young people how to become economically independent.  In a wonderful contradiction of intent, we DON’T!  The entire public schools system in the U.S.A., for the most part, consists of teaching children how to be submissive and take orders, leave the thinking up to the experts, who will grade them, and prepare them for this:  College, and Jobs.  Not, College and BUSINESSES.  Or College, and understanding the economic principles that would help them become business owners, investors, cash-stream producers, foundation producers, and independent thinkers.  How hypocritical.  

And that includes independent thinking about how to survive financially should they choose to have children, or should they not choose to have children, but set up housekeeping (and sleeping) with a partner that might become sick, injured, or — face it – incarcerated.  They should not have to go nurse off Dad, or Mom, or Big Brother the Welfare State, in this case.  The goal should NOT be lifetime jobs, but lifetime progression towards financial independence.  They cannot do this if they aren’t studying people who have accomplished this, and the basic principles of wealth.

We should also teach them not to let any partner or potential partner disarm them economically — whether it be job, or bank account, or credit, or access to transportation etc.  That any such action is aggression, and dangerous to their welfare, creating an artificial co-dependence.  They should know this going into relationships.  

Now right there, we have a SERIOUS problems.  Many world religions don’t accept this, and are not likely to.  

Well, maybe they should, in the US, then lose their tax-exempt status.  Believe me, I’ve thought of it.  Because if they are contributing to the climate of “It’s OK to dominate a woman by any means (or weapon) that comes to hand, because it makes you more of a man,” then they should have to fork over the taxes that society might need to take care of the resulting mess.

And I’ll tell you another “secret” (not a real secret) — one I’ve been thinking about more recently.  The majority of these institutions are in a co-dependent and domination relationship within their own ranks.  If they didn’t dominate and under-educate them on their own sacred scripts (men and women alike), in the US, at least, many people would not be so dependent on spiritual, social, and emotional nourishment on the weekends and maybe ONE weekday.  But that is another post, and probably, blog.  

We ought to teach, besides, reading math writing, sport and the arts (to put it roughly) the PROCESSES and VALUES OF:

Self-sufficiency, Self-defense, and self-discipline, to the point of in-depth excellence and mastery in one primary area.  With that I believe will come sufficient self-esteem not to enter into too many co-dependent relationships. 

 

I recommend reading John Taylor Gatto’s short book called Dumbing Us Down:  The Hidden Curriculum of Compulsory Schooling, in which he says, plainly, that the seven lessons he, as a teacher (and at the time NY State Teacher of the Year” actually is teaching is not “relevance” and “interrelationship” of subjects, but the exact opposite.  Specifically, in order from the chapter:  “The Seven Lesson Schoolteacher,” they are:

  1. CONFUSION
  2. CLASS POSITION
  3. INDIFFERENCE
  4. EMOTIONAL DEPENDENCY
  5. INTELLECTUAL DEPENDENCY
  6. PROVISIONAL SELF-ESTEEM
  7. ONE CAN’T HIDE.

The next chapter is called the “psychopathic school” after which he details his efforts of getting a little girl who read beautifully out of a class of bad readers.  The girl (reading aloud beautifully) tells him how the administration had explained to her mother that she was, in reality, a “bad reader who had fantasies of being a better reader than she was.”  Then, the author relates how the principal tried the same thing on him:  how was he, a substitute to know whether or not this child could read.

MY EXPERIENCE:  This actually is at the heart of the educational AND the family law system of “experts.”  My “sin” was homeschooling the children, and having fantasies (as do many single mothers leaving abuse) that we could make a sound decision on behalf of our sons and daughter, after we’d made just about the soundest one around — LEAVING the situation!  

Consider this:

Our form of compulsory schooling was an invention of the State of Massachusetts around 1850.  It was resisted — with guns — by about 80% of the Massachusetts population, the last outpost being Barnstable on Cape Cod not surrendering its children until the area was seized by militia and children marched to school under guard.  (p. 25, 

 

There is more, but as I review those 7 lessons above, I can’t help thinking about the uncommon similarities between abuse — even it’s definitions — and the family law system, as well as the concept of using another abusive system to handle abuse by one person towards another in the presence of children.

Is ALL conflict bad?  No, conflict involving true self-defense, or boundary violations.

Is marriage, or an “intimate partner relationship,” a person as property contract?  A relationship as property contract?  I believe the law calls it a FIDUCIARY relationship.  As such, no one has a right to commit what in other context would be a crime, to protect loss of contact with this former sexual partner, parent of one’s children, children, or the breakdown of a relationship.

WHEN IT GETS TO THE POINT OF PFAs and RESTRAINING ORDERS, the enforcement should be thorough, immediate, clear, and strong.  The dialogue above illustrates why, in practice, it ain’t.  SO the conflicts go on, and escalate.

I have taught lots of children (and adults) in lots of venues and classrooms, and non-class situations.  There are always rules ,and in-progress negotiation about common standards, there is always a dynamic flexibility within the group, there is the matter of consensus and critical mass.

The superb choir that got me going into music was about 40 in number, and we stood in mixed quartets, holding our own parts, produced records, soloists, and in general moved mountains and kicked butt musically.  It was powerful stuff.  We rehearsed almost daily and worked to pay for some of our own needs (including uniforms, painting the room, and going to conferences).  We associated after school (and sometimes before) and in other venues than school; we ate, played, and attended concerts together.

Since then, I have sung in (and sometimes directed) choirs numbering from approximately 12 up to over 100.  The ideal size (and one of the best choirs I was in) was about 18, or very maximum 20, if they were professionals and unified.  I have had a little choir of only 11 do amazing things, because it was small enough to be responsive.

I have always thought it odd that the top ensembles are generally smaller than a typical public school classroom, and many of them not much larger than a large family, with a cousin or two.  It brings out the best when there is a unified goal that is reasonable (but still stretching limits) to the people involved.  The best choirs also were VOLUNTARY, not compulsory.  They chose challenging music (to keep the participants growing) but always taking into account that the audience might not feel so esoteric in general.  They mixed and matched, but they HAD to set a fairly high standard technically and musically – or in portrayal.

How does this relate to the Wife who Fought Back?

The system they were ensared in was too large, and is ruling and prognosticating by “the odds.”  MOST people (translation: men) do not violate the PFAs, after all, just over 125 out of 450 did in this particular area.  Therefore, the women should keep on coming, because what else could they do? It MIGHT not result in this, after all, NOT ALL men do what Mr. Autenreith did.

And we have this growing crisis of “fatherlessness”?  That’s a fatherless family, and it just made a peace officer’s kids fatherless, too.  I wonder what kind of father the nine-year old will make, should he become one.

I think the doctrine is becoming a little self-defeating, if not downright dangerous.  I mean, this is all about the children, right?  It’s all because children in single-parent families are at risk.


Well, yeah, with some vigilantes running around the place . . . . . However, if she’d been armed and determined…

I think we (Responsible Citizens) need to take a serious look at the Seven-Lesson Schoolteacher and ask, is this what we are willing to be taught, as adults, by our elected officials?  I mean, the same values ARE shared, it is the “Hidden Currriculum” overall, I’d say.  And it’s downright un-American, including “parenting classes.”  The government already had a shot at the majority of the children in this country, through the public school system.  If it were my kids, and the teachers failed, I’d go find me a new teacher and system.

OH, I FORGOT TO MENTION — I DID.  AND MY CHILDREN WERE STOLEN ON AN OVERNIGHT VISITATION (UNSUPERVISED) PRECISELY BECAUSE I DID.  AND PUT BACK IN THE SYSTEM, BECAUSE THEIR MAMA HAD ALREADY FIGURED OUT THAT THE 7 LESSONS WERE BOGUS.  

 

This is a system that brooks no competitors.  It allows some, but scoops up any stragglers, and family law is a great place to find them, and weaken them for the snatch.