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“Wife Abuse and Custody and Visitation by the Abuser” –A Man Speaks from the Past (1989).

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This voice from the past (1989 to 2009 = 20 years!) — 

is pretty well drowned out by “the Duluth Model,” and the millions of $$ of grants, funds, and now even new professions springing up, all to help avoid what I’d call THIS common sense.  I guess I will have to show.  This will deal with the issue of Supervised Visitation:  The question nowadays is how to make it safe, etc.  The question of why ANY visitation with such violence, scarcely gets raised again.

Wife Abuse and Child Custody and Visitation by the Abuser

by Kendall Segel-Evans

originally published:
ENDING MEN’S VIOLENCE NEWSLETTER, Fall, 1989

 

I recently read the National Organization for Changing Men’s statement on child custody, and the position taken that, in general, sole custody by the previously most involved parent is preferable to joint custody. I would like to elaborate on this position for families where there has been violence between parents (i.e. woman-abuse). The following includes the main points of a deposition I was asked to provide to a lawyer for the mother in a child custody case. I do not believe this is the last or best word on the subject, {{now THAT’s a rare humility in the field!}} but I hope that it will s(t)imulate useful dialogue** about the effects on children of wife-abuse and the treatment of wife-abusers. I also wish to further discussion on the issue of how we are going to truly end men’s violence. ***  Clearly, I believe that the treatment of wife-abusers should not only be held accountable to the partner victim/survivors, but also to the children, and to the next generation.

**{{WAS THAT A FREUDIAN SLIP IN THE ORIGINAL?? “simulate” for “stimulate”??}} . . . 

***

I’ve noticed that the professionals are more likely to have the “social transformation” goal, while typically women leaving abuse, and specifically MOTHERS leaving abuse, have a more short-term goal, namely LEAVING abuse and providing safety and good things, including good values, safety, education and role models — for their CHILDREN.  This is a significant difference, and with different goals come different means to reach that goal.  Moreover, as women leaving abuse, we have a ZERO tolerance for situations that might lead to, well, death.  Women have been killed around visitation centers, which is a dirty little secret.  Another one is that some supervisors are themselves abusive, or “on the take” and so forth.  Again, the professionals have spoken to this issue — but not changed it.  (For more info see nafcj.net).  Are all?  No.  But why even risk it?

WHY place both children and the nonabusive parent at any sort of risk whatsoever, for any reason?  For one, good grief, what about PTSD?  A child has witnessed abuse or been abused.  Therefore, expose them to the abuser.  REGULARLY, and in a performance situation.  A mother has been abused or her child.  Therefore, force her — and/or her children — to see their father, regularly and in front of others who will “judge.”  AND they do (see “Karen Oehme”).  The model lacks integrity, to my mind.  No matter, it has government backing, and LOTS of it.

SO this post is a “blast from the past.”  I’ve read the literature a LOT, I assure you;  you don’t hear this person’s name a lot.  Too much common sense.  And yet he is in the marriage field, and attaches a Bibliography like anyone else:

Kendall Segel-Evans, M.A. Marriage, Family and Child Counselor 4/15/1989

 

He recommends not taking chances.  Such types of recommendations are not the stuff publication, conferences, and promotions are made out of.  No new building needs be built for this recommendation.  It’s just too dang sensible. 

Reminds me of Jack Straton’s similar work, a while back, here below:

 

1992

 

What About the Kids? Custody and Visitation Decisions in Families with a History of Violence

National Training Project of the Duluth Domestic Abuse Project – Thursday, October 8, 1992, Duluth, Minnesota

from the Journal of the Task Group on Child Custody Issues*

of the National Organization for Men Against Sexism

Volume 5, Number 1, Spring1993 (Fourth Edition, 2001) 

c/o University Studies, Portland State University, Portland, OR, 97207-0751

503-725-5844, 503-725-5977 (FAX) , straton@pdx.edu

 

 

 

What is Fair for Children of Abusive Men?

by Jack C. Straton, Ph.D.

 


{Let’s GetHonest speaking….}} Reviewing this document years, and years after baptism by a dissolution/custody suit cold-shock immersion in to the language and lore of Family Court, resulting in a return to Food Stamps, but no return of my missing children!, but I HAVE (there’s always a silver lining) perhaps returned closer to placing my hope in things eternal more than things local! (I’m talking Jesus Christ for those who don’t catch the reference), I have a different opinion, not on its CONTENTS but on its CONTEXT, as follows, re::

I want to express my deep gratitude to Ellen Pence, Madeline Dupre, Jim Soderberg and the others from the Duluth Domestic Abuse Intervention Project for giving me this opportunity to speak with you. The State of Minnesota should be proud that, quite literally, the world looks to this program for guidance on understanding and ending domestic violence. I also want to acknowledge how much I continually learn from Barbara Hart, of the Pennsylvania Coalition Against Domestic Violence.

I will first critically examine the criterion at the base of all custody laws today “What is in the best interests of the children?” I will the talk about children’s choice in these matters. Then I will examine the actual effects of wife-battering on children, and develop an alternative paradigm for custody based on those effects. From this I will examine the question, “Is it ever appropriate to ever give a batterer custody of a child?” (emphasis mine…)

{{PLEASE PARDON THIS INTERJECTION!   This article indeed does that, and convincingly.

LINK:  DAIP Grants rec’d 2000-2009 (scroll down to bar chart)

(hint:  over $4.5 million)

LINK: Grants rec’d by DAIp Parent organization,Minnesota Program Development, Inc.

(hint:  Over $25 million, and NOT including some of its sub-groups, which apparently get their own grants, too).

(the bottom half of logo proclaims”  home of the duluth Model, Social Change to End violence Against Women”)

 

)

Visitation Center 

The Duluth Family Visitation Center opened in 1989. Our mission is to provide a safe place where children can build and maintain positive relationships with their parents. The Visitation Center offers support for victims of domestic violence and their children as well as supervised visitation, monitored visitation, and monitored exchange services to families affected by domestic violence


(See the nice picture??)->_>_>_>_>

The Center provides a variety of children’s books, games and videotapes as well as beverages and snacks for children and parents to help provide a comfortable and nurturing environment where parents can work on building and strengthening their relationship with their child which so often is damaged by violence in the home. 

The Center also collaborates with many other community agencies and accepts referrals from the courts and social services. {{NOw you understand the BUSINESS model…}}  Currently we serve approximately 120 families and conduct over 4000 visits and exchanges per year at minimal cost to families.

And I do mean BUSINESS model:

The database simplifies the logistical work of coordinating a Visitation Center and reduces the time to prepare quarterly reports for funders.  

Download sample report here

Purchase the visitation center database ($350.00) by visiting our online catalog

 

Beyond the pure financial collateral, there is also the professional collateral (prestige) and of course feeding much, much much more personal data into databases for further” research and demonstration” projects on how to — end violence against women.

I question why so few have questioned this model.  Probably because of the powers behind it, and because those who have been affected by it are often destitute and experiencing PTSD.  BY THE WAY — I HAD HEARD OF THIS AND ASKED FOR IT IN MY CASE, AND WAS FLATLY DENIED  because there was no “money” for it.  In other words, I, the mother, could not pay for it (already on the record) and he the father (being so far arrears in child support) obviously could not.  however, when the father asked for  — by refusing to acknowledge the court had ordered something different — ZERO contact, it took less than a few months to give this to him, and only one year (as opposed to the years previous I had sought actively seeking help, as single mother, and while personally having to negotiate my own safety, on a near-weekly basis) to retroactively attribute custody and modify the arrears owed ME as the caretaker of our daughters, and which didn’t come to them while living here — down to insignificant and unenforceable payments.  Yet our state receives grants to facilitate access by the noncustodial parent.  When I became one, I could not access them, either.  go figure.

JACK didn’t recommend this model, although he was apparently asked to speak here.  BUT  – – His voice, too, has been ignoredMOST chiefly by the DuluthDomestic Abuse Intervention Projectitself, apparently.  This paradigm, I simply didnt find it once in operation — everanywhereexperientially.  Our society simply does not accept this yet.  And, FYI, there is a LOT of money in this venue bent on “transformational language” and “therapeutic jurisprudence.”  Doing this is considered in many circles “good,” and not surprisingly, because many of our school systems share the same premise, they are “values transformation centers” and succeeding well at this, apparently.  

 

 

Nor have I found someone who accepts this No-Visitation where there’s been Violence paradigm.  (And I talk to Dads, not just Moms, and I research, a LOT, online.  I have been in circles which dont believe women should speak, literally, and I have lived in which men did not confront violence towardsone of their ownby even TELLING the man to stop it! Let alone, intervening themselves in any manner to stop it.  Ever since I finally took it upon myself to get someone from outside these circles to indeed stop it, I have been exposed, through the family law venue (and others) to a virtual nonstoplitanyofjust get over itas if either the lethality risk, the economic abuse, the stalkings, and the implicit threat to escalate were somehowoverin my case.  My experience, lots of it, showed the precise opposite. Any attempt at independence was countered.  this got tiring for such a person, and others were found and incited to participate in communal denial, a sort of catharctic selfcleansing ritual, I suppose.  

AGAIN, I myself didn’t share this paradigm initially.  However, this was because I had been enduring years of this type of threat/intimidation/etc. behavior and attempting — myself — to ‘reason” with this man, after it became clear — and from the OUTSET — that saying “no” or “Stop!” was likely to result in physical assault, or worse, and my friends, there IS a “worse.”  Now, I have some perspective:  10 years living with a batterer, 10 years of attempting to separate from one.  My perspective has changed, after i watched the reactions of society to my assertion of my right to say NO! and ENOUGH!  I gave ENOUGH! in the “let’s negotiate” process, and shouldn’t have ever entered into it or been encouraged to.  These were the PRIME working years of an intelligent, responsible, and law-abiding woman and mother.  Now, I would like some change to happen.  i would like the truth of the situation OUT, and I am taking it (obviously) to the blogosphere, and my local Congressperson, AND up the chain, as are others.  The truth of the situation is that this paradigm that Jack and Kendall discuss, was not taken seriously by their colleagues then, nor was it ever likely to be.  Like him, I have immense respect for Barbara J. Hart (can anyone say “lethality risk assessment”?)  But — today or tomorrow, probably — I am about to post the $$ figures of some of these “helping” groups and ask — where’s the help?  Moreover, show us the books!  I will show the grants, at least from the sources I have.  But what I want to see is expenditures, processes, and evaluation tools.  I want to see DOCUMENTED fewer homicides, suicides, infanticides, child-kidnappings, and wasted years in the family law system.   And if these are not being documented, then what was all the hub-bub about?  

IN thisparadigmallfalloutfrom abuse either didnt exist (thats thefantasy worldStraton refers to, I suppose) or was exclusively my responsibility to fix, as the mother.  However, when I then sought to address this in my own manner, I was again given marching orders, a drumbeat of 3-word myths, and told to get in line.  I didnt.  Consequently, two adolescent girls were removed from my custody and replaced in the care of the man they grew up witnessing threaten, impoverish, assault, abuse animals, deprive of access to transportation and ffinances that anormalfamily would not do, even when I worked at times, and be subjected to repeated lectures on how to behave – – sometimes even on a stool!.

Therefore, as seemingly reassuring, or validating as these talks may be, that I refer to today, they are most definitely theminority opinionin this field.  They show me I am not alone in my perspective at whats sensible and whats not, but these premises were never moved into practice.  

Theres reasons they were not, and THAT should be the topic of aresponsible citizenmale or female, parent or not, in this country.  WHY they were not is a public issue, not adomestic dispute.”  The topic of this issues is not justwhere are my children?” butwhere are my taxes going? as well aswhat kind of leaders is this next generation, if we get that far, going to consist of?  children accustomed to trauma, abuse, and participating in the cycle themselves?

I suspect the answer, at this point, MIGHT beYESbut I am not yet resigned to the fatalistic, fundamentalistIm not of this worldpassivity when it comes to social justice.  I must speak up!

 

STRATON, Ph.D., Ct’d…..

In the process, I am going to talk today about the effects of male power and control over children, not about parental power and control. I know that it is popular these days to de-gender family conflict, to talk about “spouse abuse” and “family violence” rather than “wife beating” and “rape.” I know that we want a society in which men nurture children to the same extent that women do.

I know that fathers and mothers should both be capable parents. But if you ask “What about the kids?” I want to give you a serious answer. I cannot seriously entertain the myth that our society really is gender neutral, so to consider “What about the kids?” while pretending such neutrality is to engage in denial and cognitive dissonance. I cannot hope to arrive at an answer that will positively affect reality if my underlying assumptions are based on fantasy.

 

I would like to say more about the history of these movements (which I am still learning), but readers deserve a break:

Have a nice weekend.  Again, I’d rather see a sermon than hear one any day.

 While this essay is music (the voice of logic, of common sense truth) to my ears, but it’s not a tune many people like these days.  Because it actually addresses the impact of role-modeling and personal responsibility upon the next generation.

There are only two places to really put the responsibility:  Either on the INDIVIDUAL (which is actually empowering, it acknowledges choice), or on the “THERAPIST” or “SOCIETY AS COLLECTIVE THERAPIST.”  Either/or, my friends.   

Benefits of putting the responsibility on the INDIVIDUAL.  :: If we are indeed EQUAl and ENDOWED with certain UNALIENABLE RIGHTS, then we are also ENDOWED with certain UNALIENABLE RESPONSIBILITIES as to how we exercise them.  This leaves a LOT more government time and resources and study, etc., upon maintenance of DUE PROCESS. 

It also removes the excuse for killing people, for assault, for rape, for destruction.  There IS no excuse.  The question comes of up of what about “war”?  My answer is, how is what we are seeing now take place towards women attempting to leave abuse, with children, too, not a real war — not a “virtual” war.  When there are casualties, that comprises a REAL war.

Moreover, most wars are about ideas to start with.  Sometimes they are about basic human lusts couched in more palatable ideas.

SO, check the dogma it’s vitally important, and it’s vitally important also that “foreigners” — people to whom actually facing abuse, having a life on the line, having lost a child, having had to comfort an abused or traumatized child while in trauma onesself — are not to be setting policy.  Moreover, those who set policy are not to do so from a particular chip they have on their shoulder, that every one should carry the burden of relieving.  And this happens (You can see my chip on the shoulder” here, obviously, but I’m not recommending the undermining of due process in the courts, and re-defining criminal activity as non-criminal.  THAT’s Cognitive Dissonance for sure!

(Well, I’d better back out this post fast.  Feedback appreciated!  My exit takes place Here:  XX.  

Anything below was added earlier)

 

This was written Pre-VAWA and Pre-National Fatherhood Inititative, which one theme of this blog has been showing what these cost, and how they attempt to cancel each other out.

Yesterday, I saw a significant DV initiative that was also receiving thousands under “promoting Responsible fatherhood” as well.  Same source, different themes entirely.  The fatherhood movement has positioned itself as FIRMLY anti-VAWA and in its writings, and in people responding to its writings, says to clearly.  Many of them also position themselves as religious, which is true in the WORST (not best) sense of the word, as I understand it.  They identify a common enemy, which is feminism, and feminISTS.  The prelude to identifying an enemy is attacking it, and this means people.  Typically (not always) “feminists” are, my friends, women, and this is who is often getting severely attacked for separating.  

The VAWA movement, it has different characteristics, but I do not believe it started out of man-hating.  It started out of hating to see beaten up women, and recognizing this has a true social cost.  

Both these movements have “morphed” and are now in the higher stratospheres (translation:  best-funded organizations) collaborating.  In these collaborations they share many things — primarily the design and structure of FAILING TO INCLUDE THOSE MOST DRASTICALLY AFFECTED IN THE COLLABORATIVE PROCESS, and “SALVATION AS A MARKET NICHE.”  (in essence).  What else is (not) new in the world!     

Perhaps THIS ESSAY, THEN (below) can be a reference point from how far off base is society (specifically, government and nonprofits addressing:  Violence Against Women, Responsible Fatherhood, and Healthy Marriages — and failing abysmally in terms of the human toll — on all counts, across the nation.  (And, world).  Perhaps (though I doubt it) some common sense will “redeem” us from all that debt, with so little dent in the problems the debt is incurred to address….Policies get MORE and more pervasive, self-replicating and intrusive, and still we have things like an 11 year old abducted from a bus stop, held captive in a back yard by a (incidentally, MARRIED couple) – – for 18 years — and being used as a personal sex slave and baby-making machine.  In a nice suburb, eh?  So much for suburbia and “family-oriented” safe communities.  

Jaycee Lee Dugard and Phillip Garrido's daughters 'like brainwashed zombies'

 

Police missed an opportunity to rescue Jaycee Lee when they visited her captor’s house in 2006 Photo: REUTERS

Officer Ally Jacobs sat in on a meeting with Mr Garrido and his daughters after he requested permission to distribute leaflets on the Berkeley campus of the University of California.

 

But her suspicions were aroused by the strange behaviour of the two girls – and led to the eventual release of their mother, Jaycee Lee Dugard, after nearly two decades of captivity. 

 

She said Mr Garrido arrived with the girls, aged 11 and 15, who stared at their father “like God” during the meeting. “They had this weird look in their eyes, like brainwashed zombies,” she said.

 

She spoke out as police said that Mr Garrido’s home has been searched for evidence of a link to the unsolved murders of several prostitutes in the early 1990s, and as Garrido, 58, and his wife, Nancy, 54, denied charges of kidnapping, rape and false imprisonment in connection with Miss Dugard’s disappearance at their first court appearance.

 

When Officer Jacobs asked the younger girl about a bruise near her eye, the 11-year-old said it was an inoperable birth defect.

 

 

(I NOTE:  THIS WAS A FEMALE POLICE OFFICER, AND HER JOB ENTAILS NOTICING THINGS THAT DEAL WITH LIFE AND DEATH, POTENTIALLY.  HER JOB ENTAILS NOTICING “ANOMALIES.”  THERE WAS FACT-CHECKING IN THIS CASE, AND THE FACTS CHECKED RESULTED IN FREEDOM AND DELIVERANCE, THOUGH AFTER 18 YEARS, FOR 3 WOMEN, JAYCEE’S MOTHER, JAYCEE’S STEPFATHER, AND MOST IMPORTANTLY, FOR HER — AND HER CHILDREN.

 

A NICE, MARRIED COUPLE . . . . HAD MR. GARRIDO HAD THE SAME CRIMINAL BACKGROUND, AND ACTUALLY BEEN JAYCEE’S FATHER, IN MY EXPERIENCE, HIS KIDNAPPING WOULD HAVE BEEN OVERLOOKED, AND HIS EX-WIFE SEEKING TO SEE HER DAUGHTER BEEN TOLD (as I was) TO JUST GET ALONG WITH IT, OR GIVE IT UP, NO CONTACT WITH YOUR DAUGHTER BECAUSE YOU JUST CAN’T GET ALONG WITH THIS PARENT.  CASE IN POINT:  WE WERE GIVEN A COURT ORDER THAT EXPOSED US TO CONTINUAL ACCESS AND ABUSE BY A MAN THAT MY DAUGHTERS HAD WITNESSED ASSAULT THEIR MOTHER.  EVENTUALLY, A DRASTIC (and criminal) EVENT HAPPENED on an overnight.

TODAYS’ POSTED ARTICLE, 20 YEARS OLD, QUESTIONS THE POLICY  ~ ~ REALLY, THE DOGMA ~ ~ THAT WOULD EVER, EVEN ONCE! ~ ~ALLOW SUCH THINGS TO TAKE PLACE.  U.S.A. . . . . . 

OR – – – OR – – – – THINGS LIKE THIS ONE, A MISSING FOSTER CHILD TURNED INTO A HOMICIDE VISITATION.  AGAIN, HAPPENED IN A VERY YUPPIE NEIGHBORHOOD, ALSO NEAR BERKELEY, CALIFORNIA.

 HASSANI CAMPBELL (see my recent post on ‘AMBER ALERTS’ for more photos)

 

 

Foster Parents Arrested Over Missing Boy

AP

OAKLAND, Calif. (Aug. 28) – The foster parents who held vigils pleading for the safe return of a missing 5-year-old boy with cerebral palsy have been arrested on suspicion of murder, Oakland police said Friday.

 

Louis Ross and Jennifer Campbell, who is the boy’s aunt, were being questioned by investigators in the case of Hasanni Campbell, who disappeared on Aug. 10 after Ross said he briefly left the boy outside his car in the parking lot of an upscale Oakland neighborhood shoe store where Campbell works.

 

 

REGARDING “THERAPY” FOR BATTERERS:

I think Lundy Bancroft says it well — there are certain indicators that one is wasting one’s time.  I’ve read them, and you can too, HERE:  I am not quoting Mr. Bancroft because he’s an expert, but because i already experienced what he gave voice to.  I had no idea who the author was in picking up the book.

Why Does He Do That?: Inside the Minds of Angry and Controlling Men

While I am thankful for Mr. Bancroft’s insight and observations (and have featured it elsewhere on this blog), I think that the failure to look OUTSIDE the family court system and INTO the funding behind it, which consists of a powerful government grants system, underwritten in some cases by conflicting actual laws (I refer to “supervised visitation” vs. “Access visitation” premises, which are BOTH funded — in a huge way — and which DIRECTLY oppose each other in fundamental premises, creating chaos — not just “disorder” — but literal “CHAOS” in the courts.  Why?  Because what’s fought over is power, control, and money.  I do not, therefore, agree that training to eradicate deeply held prejudices or myths — when applied to JUDICIAL professionals (court-related) any more than when applied to batterers — is a critical solution.  I believe that we should pull the plug on the profit system, which it clearly (my research shows) is.  That said, in about 2003, had his not book been there (and this above book) for a point of reference WRITTEN BY A MAN for me emotionally, as I exited another life-changing and mind-numbing session with a mediator, I might be a different woman today.  

 

Women, and mothers, do indeed have instincts.  I believe these are God-given, and they are protection-related.  Moreover, as a DV survivor, and beyond that, professionally a teacher and musician, it has been my job to pay attention to group dynamics in relationship to a standard!  The accuracy of my instincts, and speaking up about them, has been ignored in the courtroom.  This told me something about family courts, when I accurately predicted a child-snatch, and was shouted down in advance AND afterwards about the same matter.

 

Two Female Officers (above) accurately noticed, reported — and because they were cops, apparently, and because this was NOT a family law venue, they were not a litigating parent — they were HEARD and lives were saved.

 

In the Jaycee Dugard case (above), I heard on TV that a woman (neighbor) HAD called 911, saying this man was psychotic, she was very disturbed.   Was her call not heard because she was female?  I watched Sheriff Rupf apologize on TV that their county law enforcement had “missed it” in this case.

 

Our current administration has a lot of TALK, but very little RESPECT for mothers in general.  Our pro-active protective and active involvement in our children’s lives is viewed with suspicion after separating from their father in particular after marriage. . . . The fact is, I believe, our involvement is a perceived threat to a child-care-based, employee-driven, dependent-family-substrate economy.  (which is not today’s topic).

 

These instincts are not in operation all the time, and along with Phyllis Chesler (Dr.), I acknowledge fully “Woman’s Inhumanity to Woman” exists, and is horrific.  And some men (I have known them) notice more than some women.  This is also called “CARING.”  Such men are also sometimes castigated as “feminine” by fellow-men, and deal with this in whatever manner they choose to.

 

However, I take a look at who are some of the most vehement women I personally have had to deal with (not including certain judges, whose behavior cannot be logically accounted for somewhere other than financial reward, which I WILL be finding one of these days, and I am not the only person who has had this happen, same judges), I can see where either their childhood was severely messed up, OR, they never got to have children themselves.  Some key component of the logic system (the part that doesn’t acknowledge court orders!) is out of commission, and when confronted on this, reacts in a retaliatory manner as if the threat were personal, when the statement was, I want court orders respected!  I have already demonstrated the ability to respect court orders I don’t agree with, for years, but the double standard has been devastating to our family.

 

The other category which comes into play is “second wife” syndrome.  While there are I’m sure (and I’d love to be one, some day!) healthy second wife scenarios, all too often a batterer will go specifically SEEK a woman in order to extract the children from the first wife, when he couldn’t otherwise.  That 2nd woman lends a seeming credibility, and yet, sometimes these women can be more vicious than the men they married to start with.  An abusive man is not going to pick a second woman who is likely to confront him on his abuse!!  

 

WELL, this post is now over-worked, but I wanted to include the Jaycee and Hassani case above, to make a few points.  It also has helped me get past another few hours in a day in which, I have no visual contact with either daughter, as one of them is entering college and the other one is, at this point, alienated, a thing I never inflicted upon her father while they lived here.  They have HAD to make some sense of their existing world.  Their existing world included a sudden, and COMPLETE elimination from their mother’s input and involvement, without a chance to say goodbye.  They were involved in keeping secrets (and induced to) before the event, for over a year, on pretenses of the adults around them.  The facts surrounding this event are still not out, and I happen to believe that my absent daughters are not yet aware of what was said on paper about them.  I know that they are not exposed to the penalties my family has exacted upon me (subsequent) for continuing to speak up.  


This is a HOW -TO for the intergenerational transmission of trauma and abuse.  IF the goal is to do this, I am looking at the HOW of it. All that REALLY needs to be sacrificed, in the bottom line analysis, to stop it, is a LOT of pride in high places, and what I call dogma and others call social science, policy, or probability-driven practices (it’s called “evidence” but the actual “evidences” considered are often summaries of “probability.”)

AS TO THE 1989 ARTICLE (BELOW):

I’m not in agreement with his theme that men can be taught not to abuse.  I think men mostly respond to what they’re taught in this society — authority, and taking control.  Women are taught to negotiate and submit, overall (I didn’t realize HOW much til confronting others after leaving my own violent marriage, and then, in shock, realizing it was expected I should take orders.  I said no, and took this to the institutions available (first, the courts) to set boundaries and standards.  Then I was in for even a ruder awakening to the state of affairs. 

So just consider the fall-out, the social fall out from these things, the canaries in the coal mine.  it’s also a good part of the present NATIONAL economic distress and contributing to it, do not kid yourself!  Asking Big Brother to coach, teach, punish, reward, analyze, and rationalize the common ethical issues of life — BIG, mistake.  This is called farming out thinking to others.  In the process, we are paying people to also form our own ethics, when these were formed and stated long ago in the US Declaration of Independence, Constitution and Bill of Rights, PLUS the fact that these stemmed from a refusal to become the colony of a distant king.

Figure it out — the distance these days may not be so geographic as in worlds apart in perspectives.  The colonization part still seems to apply.  Children are the MOST attractive and fertile field for TOO many people, and they are hurt in this unnatural process, a constant interruption to their lives.  I saw this happen to my own, there was a point in time (a certain season, when others saw the personal gain in our divorce and and custody issue) that –because of a badly written visitation schedule — I watched my daughter who, prior to this, had been able to adjust to separation with regular visitation, and retain their personal integrity — they became performers.  It was clear that they were collateral in the fight, and I believe knew this too.   They talked about it, too.  It was unfair to them, and to me as their mother.  

SOURCE — 

http://members.shaw.ca/pdg/wife_abuse_child_custody_visitation.html

Note:  “Last updated Nov. 2008”

(More of my comments below, for once!)

 

Stop Violence Against Women
A project by The Advocates for Human Rights

Copyright 2003 Minnesota Advocates for Human Rights.
Permission is granted to use this material for non-commercial purposes. Please use proper attribution.

 

(THESE documents do not appear to have stopped violence against women.  I used to read and read from this International Source, but no matter — the people most directly involved with our lives chose NOT to read, or accept, some of these writings.  So what good have they done, other than to increase the frustration level, the awareness of the discrepancy between reasonable, and unreasonable?  Sometimes, I wonder.  

 

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(Best read in the original HTML, but here:

Wife Abuse and Child Custody and Visitation by the Abuser

Kendall Segel-Evans, 1989.

Wife Abuse and Child Custody and Visitation by the Abuser

by Kendall Segel-Evans

originally published:
ENDING MEN’S VIOLENCE NEWSLETTER, Fall, 1989

 

{{Let’s Get Honest has decided to interrupt the article more than to put :}}

 

MAIN POINTs?:____________________ after each paragraph, in hopes that a thoughtful reader will think about what was just said.  

Again, one of the greatest motivations for THINKING about various policies, doctrines, and dogmas, is if something valuable is at stake in the mix.  Plus, if one has developed the habit of THINKING with this in mind, throughout — as if not just “someone’s” life or livelihood, but as if “your own” life, or your child’s, were at stake in the matter.  THAT is responsible government hood (along with respecting civil rights and due process).  COLLECTIVELY, what we all have at stake is to acknowledge that what we may think is “common” sense is nothing of the sort, and that the view gets foggier the less time one spends at street level — and I mean on a regular basis.  Dwelling in courtrooms only is NOT “street level” in the sense of, what happens after the court order is written?)

I recently read the National Organization for Changing Men’s statement on child custody, and the position taken that, in general, sole custody by the previously most involved parent is preferable to joint custody. I would like to elaborate on this position for families where there has been violence between parents (i.e. woman-abuse). The following includes the main points of a deposition I was asked to provide to a lawyer for the mother in a child custody case. I do not believe this is the last or best word on the subject, but I hope that it will simulate useful dialogue about the effects on children of wife-abuse and the treatment of wife-abusers. I also wish to further discussion on the issue of how we are going to truly end men’s violence. Clearly, I believe that the treatment of wife-abusers should not only be held accountable to the partner victim/survivors, but also to the children, and to the next generation.

MAIN POINTs?:____________________

I would like to mention that I will speak of husbands and fathers abusing wives and mothers, because that is the most common situation by far, not because the reverse never happens. It also seems to be true that when there is wife to husband violence it is usually in self-defense and usually does not have the same dynamics or effects as wife abuse. I will use the words violence and abuse somewhat interchangeably, because, in my opinion, domestic violence is not just about physical violence. Domestic violence is a pattern of physical, sexual, economic, social and emotional violence, coercion, manipulation and mistreatment or abuse. Physical violence and the threat of such violence is only the part of the pattern that is most visible and makes the other parts of the pattern difficult to defend against. Once violence is used, its threat is never forgotten. Even when the violence is stopped by threat of legal action or by physical separation, the coercion, manipulation and abusiveness continue (Walker and Edwall, 1987).

 

MAIN POINTs?:____________________


Accompanying this pattern of behaviors are common styles of coping or personality characteristics – such as the tendency to blame others for ones problems and impulsiveness – that most batterers share. Almost every man I have worked with has a tendency to see his partner (or his children) as responsible for his pain when he is upset. This leads to seeing his partner (or his children) as an enemy who must be defeated before he can feel better. This is destructive to emotional health even when it does not lead to overt violence.

MAIN POINTs?:____________________


In my opinion, it would be better, in most cases, for the children of homes where there has been domestic violence not to be in the custody of the abusive parent at all. In many cases it is even advisable that visitation be limited to controlled situations, such as under a therapist’s supervision during a therapy session, unless the batterer has been in batterer’s treatment and demonstrated that he has changed significantly in specific ways. “Merely” observing ones father abuse ones mother is in itself damaging to children. My clinical experience is consistent with the research literature which shows that children who witness their father beat their mother exhibit significantly greater psychological and psychosomatic problems than children from homes without violence (Roy, 1988). Witnessing abuse is more damaging in many ways than actually being abused, and having both happen is very damaging (Goodman and Rosenberg, 1987). Studies show that a high percentage (as high as 55%) of fathers who abuse their wives also abuse their children (Walker and Edwall, 1987). In my experience, if one includes emotional abuses such as being hypercritical, yelling and being cruelly sarcastic, the percentage is much higher. The damage that children suffer is highly variable, with symptoms ranging from aggressive acting out to extreme shyness and withdrawal, or from total school failure to compulsive school performance. The best way to summarize all the symptoms despite their variety is to say that they resemble what children who suffer other trauma exhibit, and could be seen as a version of Post Traumatic Stress Disorder (Walker and Edwall, 1987).

MAIN POINTs?:____________________


Equally serious is the long term effect of domestic violence – intergenerational transmission. Children who observe their mothers being beaten are much more likely to be violent to a partner themselves as adults. In one study, men who observed violence towards their mother were three times more likely to be abusive than men who had not observed such violence (Strauss et al., 1980). The more serious the abuse observed, the more likely the men were to repeat it. Being abused also makes children likely to grow up to be violent, and having both happen increases the probability even more.

MAIN POINTs?:____________________


How children learn to repeat the abuse they observe and experience includes many factors. One of the more important is modeling. When they grow up, children act like their parents did, consciously or not, willingly or not. Several of the boys I have worked with have been terribly conflicted about being like their father, of whom they were afraid and ashamed. But they clearly carried parts of their father’s behavior patterns and attitudes with them. Other boys from violent homes idealized their father, and they were more likely than the others to beat their wives when they grew up (Caesar, 1988). Several of the men I have worked with in group have lamented that they told themselves that they would not beat their wives the way their mother was beaten when they were children. But when they became adults, they found themselves doing the same things their father did.

MAIN POINTs?:____________________


One reason for this is that even if the physical abuse stops, if the children still have contact with the batterer, they are influenced by his coping styles and personality problems. As Lenore Walker observes (Walker and Edwall, 1987, p. 138), “There is also reason for concern about children’s cognitive and emotional development when raised by a batterer who has a paranoid-like pattern of projecting his own inadequacy and lack of impulse-control onto others.” Dr. Pagelow agrees, “It may become desirable to avoid prolonged contact between violent fathers and their sons until the men assume control over their own behavior and the examples of ‘manhood’ they are showing to the boys who love them, (Pagelow, 1984, p. 256). If the abusive man has not sought out domestic violence specific treatment for his problem, there is no reason to believe that the underlying pattern of personality and attitudes that supported the abuse in the past have changed. There is every reason to believe it will impact his children.

MAIN POINTs?:____________________


Additionally, in a society where the majority of wife-beatings do not lead to police reports, much less to filings or convictions, it is easy for children to perceive that abusiveness has no negative consequences. (One study, by Dobash and Dobash, found that 98% of violent incidents between spouses were not reported to the police [reported in Pagelow, 1984, p. 437]). Some children, seeing who has the power and guessing what could happen to them if they opposed the power, will side with the abuser in custody situations. Often, children will deny that the abuse ever happened. Unfortunately, the children who side with the abuser, or deny the abuse, are the most likely to be abusive themselves as adults. It is very important that family court not support this by treating a wife-beating father as if he were just as likely to be a good parent as the woman he beat. As Gelles and Strauss point out in their book Intimate Violence (1988), people are violent in part because they believe they can get away with it. Public consequences are important for preventing the intergenerational transmission of violence. Boys, particularly, need to to see that their father’s abusiveness leads to negative, not positive results.

MAIN POINTs?:____________________


Lastly, I would like to point out that joint legal custody is likely to be damaging to children when there has been spousal violence. My experience with my clients is definitely consistent with the research results reported by Judith Wallerstein to the American Orthopsychiatric Association Convention in 1988. The data clearly show that joint custody is significantly inferior to sole custody with one parent when there is parental conflict after the divorce, in terms of the children’s emotional adjustment as well as the mother’s safety. Most batterers continue their abusiveness after the marriage, into the divorced parent relationship, in the form of control, manipulation and harassment over support payments, visitation times, and parenting styles. The children are always aware of these tensions and battles, and sometimes blame the mother for not just giving in and keeping the peace – or for being too submissive. The batterer often puts the children right in the middle, taking advantage of his belief that she will give in to avoid hurting the children. The damage to the children in this kind of situation is worse because it is ongoing, and never is allowed to be resolved or have time to heal.

MAIN POINTs?:____________________


Because I work with batterers, I am sympathetic to the distress they feel at being separated from their children for long periods of time. However, the men who truly cared about their children for the children’s sake, and not for what the children do for their father’s ego, have been willing to do the therapeutic work necessary to change. They have been willing to accept full responsibility for their violent behavior, and however reluctantly, have accepted whatever restrictions on child visitation existed for safety reasons. They have been willing to be in therapy to deal with “their problem.” They have also recognized that they were abused as children themselves, or witnessed their mother being abused, or both, and are willing to support interrupting the intergenerational transmission of violence.

MAIN POINTs?:____________________


Kendall Segel-Evans, M.A. Marriage, Family and Child Counselor 4/15/1989

BIBLIOGRAPHY

 

Caesar, P. Lynn., “Exposure to Violence in the Families of Origin

Among Wife Abusers and Maritally Violent Men.” Violence and Victims , Vol. 3, No. 1, Spring, 1988.

Davis, Liane V., and Carlson, Bonnie E., “Observation of Spouse Abuse

– What Happens to the Children?” Journal of Interpersonal Violence, Vol. 2, No. 3, September 1987, pp. 278-291, Sage Publications, 1987.

Dutton, Donald., The Domestic Assault of Women, Allyn and Bacon, 1988.

Gelles, Richard J. and Strauss, Murray A., Intimate Violence, Simon and Schuster, 1988.

Goodman, Gail S., and Rosenberg, Mindy, S., “The Child Witness to Family Violence:

Clinical and Legal Considerations. Ch. 7, pp. 47ff. in: Sonkin, Daniel. Ph.d., Domestic Violence on Trial, Springer, 1987.

Pagelow, Mildred Daley, Family Violence, Praeger Publications, 1984.

Roy, Maria., Children in the Crossfire, Health Communications, Inc. 1988.

Roy, Maria., The Abusive Partner, Van Nostrand, 1982.

Sonkin, Daniel. Phd., Domestic Violence on Trial, Springer, 1987.

Strauss, Murray A., et. al., Behind Closed Doors, Anchor Books, 1980.

Walker, Lenore E.A., and Edwall, Glenace E.

“Domestic Violence and Determination of Visitation and Custody in Divorce.”

Ch. 8, pp. 127ff. Sonkin, Daniel. Phd. Domestic Violence on Trial, Springer, 1987.

Wallerstein, Judith., Report to the American Orthopsychiatric Association Convention, 1988.

 

Some of the above professionals listed here, from what I understand, have either changed their tune, or found more profit in conferences funded by the shared-custody, father’s-rights, premises that women are equally as violent and dangerous as men in marriage.  Or, that what is said above, here, about role modeling and responsibility to the NEXT generation, doesn’t apply.  I have seen them (I think even Dutton was seen in my last post, at such a conference.).  Nevertheless, read what he wrote!

And I can show you, in approximately $millions$$ (as I have been at times in news headlines) the cost of these premises, in particular to the next generation.  But what kind of generation IS it that can’t see right/versus wrong, principles of values as defined by what is and is NOT criminal behavior, when they see an age gap.  How does gender pre-empt behavior, or youth pre-empt age?  Why must women be held to a higher standard of accountability as parents then men, and men be paid — by the U.S. Government through the states through the courts, prisons, child support systems, mediation, supervised visitation, parenting education classes — and AFTER many times a K-12 (or almost 12th in some cases) educational system that itself is a major public expenditure.  . . . Moreover, WHY should programs supposedly aimed at low-income people (as if such people had fewer human rights, common sense, or were less entitled to due process and informed consent about what’s happening! than others) are being utilized by sometimes some very well to do individuals in the divorce arena.  For example, google the Alanna Krause case.   This does not make “sense” to me.

 

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Speaking personally, the exchanges where were the problems occurred in our case.  I asked (for YEARS) for help with this, and got none.  Then finally on an overnight, I stopped seeing my daughters again.

I think that had COMMON SENSE PREVAILED long ago, our own family would be much more prosperous, and I doubt life with me would’ve been so stressful for the girls, after all, each weekend was likely to become a scene, or not come a scene.  I could scarcely relax much around that.   Add into the mix child support issues, and we have a decade of devastation, at least from my point of view.

And WHY?  To support some new theories and professions?  How about the professions Moms were in beforehand?  (Many of us were, FYI).

 To support: marriage and family therapists, mediators, custody evaluators, trauma specialists?  

When a society either refuses to deal with  — OR cannot agree on the  source and causes of the ongoing sources of trauma, SOMEONE will have to pay the cost of a traumatized populations, just as any war-torn country, or AIDS-ravaged country, there is collateral damages to go with the death, shock, poverty and collapse of infrastructure.   In the United States, this plays out entirely differently, of course, because we still have a significant infrastructure, or at least many of the population believe we do, and those not so badly hurt by it as others wish to, apparently, maintain the myths that it’s sustaining something valid.

And yes, I repeat, those are myths.  

 Where is the real moral, let alone economic, validity in paying multiple professionals to deal with one recalcitrant, overentitled, or person unwilling to seek help with his REAL problems, rather than to alleviate the symptoms of his REAL problems, such as being separated from his children.  I had to face this in marriage, and now with family of origin, and again in the family law system?  I find a fundamental flaw, and the truth of the matter, the difference is in worldview of (1) humanity and (2) whether or not law applies to all, or only to some.  I.e., the “double-standard” mentality.

And that typically falls on the gender divide.  Other times, it falls on the Economic Divide.  While it’s common for rich to blame poor for being poor in a matter that an abuser blames his victim, there is wiggle room in both viewpoints, and the institutions we live in and deal with ARE not formed, historically, by poor people.  They aren’t.  Rather, they tend to impoverish.  The familyy law system is GOING to do this.  It is going to move wealth around, and afterwards, SOMEONE is going to be impoverished under this theme that it’s not an adversarial system, its’ “really” all about the children.

For child-molesters, this may be true.  For those who see $$ when they see custody to one parent or the other, in a sense it might be. 

But it’s NOT about the children’s welfare, not like this.

If the individual is unwilling to separate his behavior from himself as a person, after being offered multiple opportunities to do so, and go through equivalent shock of personal changes, as did his victim(s) and bystanders affected, then THAT is the issue.  

MOREOVER, if the family system surrounding this individual is ALSO unwilling or unable to confront own criminal behavior, life-threatening and life-changing behavior, in one of its own, what’s that family FOR?  that is precisely the family that should be dismantled, yet a system says, no it shouldn’t.  (Theoretically, although I know plenty of mothers who can’t see their children under this theory.  When the pedal hits the metal, that’s how it plays out, too often).

 

Voices from the even further past, still valid today:

Too bad we’re more religious than actually a truly God-conscious society — because of the simplicity and beauty with which truths are stated:

  • “Even a child is known by his doings, whether they be good or whether they be bad.”
  • “Ye shall know them by their fruits.”

As to who to socialize with, who to take on as business partner or close friends:

  • “Evil communications (this just means “associations”) corrupt good manner (ethos).”
  • The book of “Proverbs” (31 in all) was directed to young people, and talks about not associating with an angry man or a furious man “lest you learn his ways.”  Family law says, if it’s supervised, it’s OK, and a child must, because it’s his father.  Today’s essay talks about that….  Proverbs talks about not meddling with them that are given to sudden change.  That’s common sense!  Sudden change could be backstabbing, betrayal, turning on you.  That habit, done ONCE, is cause to separate if not confronted, admitted, and changed.  FAST.  We have a RIGHT to be once burnt, twice shy.  . . . . .  Yet this family law system attracts such characters, accepting hearsay as evidence when it’s not, suppressing evidence when it’s found too often; it keeps the litigation going, and exposing parents and children to a series of sudden shocks, disrupting their entire lives and livelihoods, sometimes everything.  We should not have to do this.  And Proverbs ALSO talks about not associating with fools:  “He that walketh with wise men shall be wise, but a companion of fools shall be ashamed.”   
  • When our children are forced to break these simplicities, for a different ideology, this is in effect using parents, particularly mothers, to produce children for the state.  That’s not what we went through nine months for, or labor! No woman goes through this in order to raise a fool, a criminal, or have her kid hurt and taught values that will lead that child to sometimes a lifetime of it.  Or to have no coherent set of values but personal survival!

(Note on quoting Bible verses here:  I quote them as what’s in my thinking, others may (if they wish) look some of them up on-line at “http://bible.cc&#8221; (KJV) or elsewhere.  My quotes may not be verbatim.)

 

What mother would WANT a son or daughter to join a gang of criminals?  Yet they do, or sometimes they die for NOT being in a gang.  It’s not only the risks, but the values systems.

What about a government gang?  What about a system that robs parents of years of productive work based on a theme that someone is somehow to be deciphered psychologically, apart from his or her behaviors? What about a system that would bring ongoing conflict onto growing children — and do so for financial and personal profit — based on the belief that freedom of association does NOT belong to (typically) their mother?  

It’s nice to have a lot of professions spring up on how to stop violence against women, I suppose, BUT how about the professions Moms were in beforehand?  (Many of us were, FYI).  The professionals I most needed in the early 2000 would’ve been a criminal (not family) defense attorney.  Then again, where was the funding going to come from?

Who’s actually TALKS with the REAL stakeholders when it comes to Stalking, Domestic Violence (not “abuse”), and Child Abuse??

leave a comment »

I have a question, after finding an unusually honest commentary on how the model code for stalking laws was developed.  I’ve spent some years, in the process of seeking help, becoming acquainted with the standards for what makes sense, according to LOTS of organizations.  I then tried to bring this common sense into actual practice in our own case after it hit the family law venue.

Yeah, right..

I have a question.  As usual, thinking aloud (and posting as I go), the introduction gets longer and the original content that inspired the post, lower and lower.  Presently, scroll down to just below all the graphics (logos) and there’s the question, and in primarily BLUE content, the quote that started today’s post.  

 

Eventually, over the years,  I got to the point of connecting more and more dots, including why would it take this amount of diligent searching by a woman with two college degrees and highly motivated to get some answers, to come to the inclusion that the tipping point is where the intent to publish hits the point to put it into practice.  This is a fulcrum.

Eventually I stopped just reading only content, and started paying more attention to in which publication things were published (most of which I couldn’t afford to subscribe to).  THEN I started connecting which nonprofit (or, some of these are almost exclusively the project of some government grants, and say so right on the websites) with which publication, which which professionals.  This is what would in interpersonal interactions be called “body language.”  Only, without warm bodies and live voices and actual interaction face to face, the next best substitute, especially for those without a travel fund, is sometimes a little background check.  On-line.  Free.

What I post here today was written a while back by a professional now involved in addressing some family court issues, and who I hope to meet someday soon.  We appear to have been circling around geographically within a few miles of each other, but consistently in different venues.  In other words, she has worked for and at organizations I’ve sought help from and whose halls I’ve sat in as a “client.”

It’s probably time to make a phone call.  Meanwhile, today’s a difficult time for me, and I can’t quite say why without revealing which case.  Please bare with some of the over-writing here, and understand why today (and I acknowledge, yesterday), sarcasm is pretty high.  Fact is, I miss my daughters, and it’s the beginning of a school year.   Instead, I get the back hand and the ugly side (or no side at all) of the parent and other adults in control of their lives.  I can and have read law, and after looking, still don’t see that I’ve committed a crime in these matters, and I most certainly HAVE seen and identified several ones committed since the case switched from civil to family law, which I to this day believe is where batterers go to hide, and keep up the same pattern of behavior, only with more validation.

Oops, there I go again.

 

 

ANYHOW, as to the conferences and subscriptions, I have a suggestion:  Instead of a grant to explicate the context of domestic violence in custody decisions (apparently a recent one) and the “Domestic Violence Conference of the Decade,” whose speakers and sponsoring organizations I did take a pretty good (on-line) look at — and got the general picture for sure — and ANOTHER one I just heard of today:

(boy, the logos, and PR, and branding, is getting more and more professional!):header

(SEE:  http://dvinstitute.org), which it appears just happened in Detroit. . .. 

 

 

 

IDVAAC

 

Here’s another one about to happen in San Diego:

http://dvinstitute.org/announces/files/Partial%20Brochure-5-18.pdf

The logo makes me think I’m back in grade school again (check it out — I couldn’t click & drag).

It has a wooden post with 3 pointers, “Future, Present, Past” all askew on a sky background.

  • “FUTURE” is pointing right (the only one pointing right) and UP (ditto).
  • Present is horizontal and point left, indicating a change of direction.  From WHAT?
  • Past is pointing left and down.  Talk about not very subtle.

I could suggest some more detailed logos.  Perhaps the length of the line I stood in yesterday for $15.00 coupon to go get food, which allowed me to get some nonfoods, which Food Stamps program, onto which I’ve been forced back because of former failed systems, most of which interfered with My system called, working! and complying with court orders.  Because we might also have a problem with drugs, alcohol or tobacco, or who knows, perhaps just for simplicity, and of course for the safety of those distributing (i.e., no cash), we could only go to ONE store (a few miles away, which is great for those without cars, with children, and poor enough to need help with food).  I figure out the expense to time ratio of this, and between wait, and buses, it was approximately $4.00/food benefit per hour, four hours expended in getting coupon and food.  Not including getting home with it.  A far cry from a conference.

This line contained live people with real stories, and mostly people of color, different colors, sizes, and manners;  most of them also, women, many with children, and each with a story, and their own method of dealing with the long wait.  It was detailed and usually cheerful, this waiting is routine.  I didn’t see anyone I recognized although I’d been there many times before.

Perhaps I should show some children crying, with a forensic child psychologist, or CPS worker.  Perhaps I should show a woman crying.  Perhaps I should show General Assistance being cut (as it is) to make way for some of the grants I’ve been blogging on, including yesterday.  

If economic distress causes violence (I don’t believe it does) than perhaps this is partly why.  But an inane signpost over these words? – – 

 

A New Direction for a Safer Tomorrow:  National Conference on Supervised Visitation and Safe Exchange

Yeah, that and a new specialty in the field, too. . . . . Not THAT new, but apparently . . . . 

The National Council of Juvenile and Family Court Judges and the Office on Violence Against 

Women are proud to sponsor the first National Conference on Supervised Visitation and Safe 

Exchange. This conference will inform professionals  (WILL INFORM WHOM??  WHOM????)

 

about how to provide supervised visitation and safe exchange services that account for (HOW ABOUT PREVENT??) domestic violence. 

 

THink about this:  if there is a need for supervised visitation and safe exchange, that means domestic violence is already there.

Pare

nts who don’t threaten to abduct, or hurt a Mom without supervision, or do this (and many do), wouldn’t need this.

 

 

National experts will provide education on safety for adult victims and children; services for diverse populations; community 

collaboration; and advocacy, in the context of domestic violence and supervised visitation and 

safe exchange.  The conference will highlight effective practice and programs, offer tips and 

tools, provide an opportunity for networking, and inspire and invigorate participants. 

 

 

Expert Faculty . . .  

 

 

 

(I dare site visitors here to look up each and every expert and determine where they are coming from, and who pays their organization’s bills.. . . . . . )

 

Would you like to see a similar brochure?  OK, here.  I found it (this search) at

 

http://parentalalienationcanada.blogspot.com/2009/02/domestic-violence-conference-of-decade.html

 

 

 

California Alliance for Families and Children

Please forward to colleagues and friends
Family Violence Treatment and Education Association (FAVTEA)

THE DOMESTIC VIOLENCE CONFERENCE OF THE DECADE!

From Ideology to Inclusion 2009:

New Directions in Domestic Violence Research and Intervention
With Featured Presentations By:
Murray Straus, PhD
Murray Straus, PhD
* Deborah Capaldi, PhD
Deborah Capaldi, PhD
* Don Dutton, PhD
Don Duton, PhD {{NOTE:  S/BE “DUTTON”}}
K. Daniel O'Leary, PhD
K. Daniel O’Leary, PhD
* Sandra Stith, PhD
Sandra Stith, PhD
* Richard Gelles, PhD
Richard Gelles, PhD
Also Featuring:
Sarah Avery-Leaf, PhD * Mohammed Boabaid, PhD * Ellen Bowen, LCSW
Jan Brown * Wendy Bunston, MFT * Michelle Carney, PhD
Ken Corvo, PhD * Carol Crabsen, LCSW * Christopher Eckhardt, PhD
Lynette Feder, PhD * Richard Felson, PhD * Kimberly Flemke, PhD
Joel Garner, PhD * Lonnie Hazelwood, MSHP, LCDC * Denise Hines, PhD
Jodi Klugman-Rabb, MFT * Christopher Maxwell, PhD * Eric McCollum, PhD
Daniel Sonkin, PhD * Arlene Vetere, PhD * Carolyn West, PhD
Date: Friday, Saturday and Sunday, June 26-28, 2009
Place: Los Angeles Airport Marriott Hotel
Los Angeles, CA
More info: PDF 2009 Conference Flier
Most presenters serve on the editorial board of the peer-reviewed journalPartner Abuse, published quarterly by Springer publishing. For more information, go towww.springerpub.com/pa

Sponsored by:
California Alliance for Families and Children
and
Family Violence Treatment & Education Association

TO LEARN MORE OR SIGN UP, GO TO:
WWW.CAFCUSA.ORG

 
Domestic Violence Training DVDs Now Available!
See the founders, the pioneers, and today’s most respected experts together at the one-of-a-kind, historic conference, “From Ideology to Inclusion:.”Evidence-Based Policy and Intervention in Domestic Violence The conference was held February 15-16, 2008, in Sacramento, California.

DID I forget, in addition to any conference fees, there’s (like any good market niche) the collateral sales market too.  Incidentally, downloading information is one of the lowest overhead, most profitable fields of direct selling around, once it’s in place.  It’s a GREAT business model.  

Is that enough Ph.D.’s?  Surely I should just their judgments about my danger level, experience of domestic violence, and whether my kids are or are not at risk of — shall we say — parental abduction — better than my own.  After all, look at the degrees!

I wonder whether it has occurred to any of these people that some women leaving abuse might prefer going for not just “job training” but more degrees themselves, rather than defending from the latest round of accusations through this system, or for that matter, the latests fads sweeping through it. . ..  

Speaking for myself, I already had the degrees, I just wanted “permission to practice” what I was already trained in and couldn’t, formerly, because of the domestic violence situation.

Remind me to get another Piled Higher Deeper (then I won’t call it that any more…), it may pay better than blogging for nothing, if I’m in one of these fixing people fields.  Which, however, I wasn’t.  I was in music, which helps heal people many times.  It changes them.  But it doesn’t approach from the point of view, unilaterally:  “You need fixing, and we will do it!”  It’s more transformative than legislative in nature.  Funding for the arts is in jeopardy, but not for family-fixing.

 

SO, who attended THIS conference?

Who attended this one? (Sorry folks, if you just missed it, this past June):  In the words of one of the groups above:

The conference quickly became an international event after its announcement. This was due to all of the internationally respected experts that presented at the conference, as well as attendees that came from all over the U.S., Canada, Europe and Asia. Easily 95 percent of those who had registered and attended the conference were with state, local and U.S. government agencies, including officials and staff from the Department of Health and Human Services.  It was also attended by a myriad of public health agencies, Social Services, law enforcement, treatment providers and family law practitioners.  The list goes on. In addition, several states had representatives from their Judicial Branches attend, including judges.

Seems to me about the only people NOT there were:  family court LITIGANTS, battered women, protective mothers, children who had aged out of the system, in the custody of an abusive parent (these young people DO exist and are now speaking out:  Courageous Kids, Alanna Krause, others.  I WONDER what my daughter will say, or realize, when she turns 18, soon.)  I don’t see the category “shelter workers” there.  I don’t see “domestic violence advocates” as a category, do you?  Family law practitioners and treatment providers, You BETCHA!


Because of the historic nature of the conference, {{and surely not because of PR, contacts with someone at the station, or anything of a mercenary or publicity-promotion nature…}} Radio Station KFBK-AM 1530, in Sacramento interviewed Erin Pizzey, the founder of the shelter movement and one of the conference presenters  (incidentally, it seems Ms. Pizzey, daughter of an ambassador, has come to the conclusion that the shelter movement is run by radical feminists and socialists, and was turned on by them for not going along.).. . Everything is always “radical” “new” “Pioneering” and “launched” (etc.) in this field.

Perhaps this next testimonial may explain why the D.A. was so resistant to allowing me to not lose, or help me regain, custody of my daughters when it was their FATHER, not their MOTHER who had taken them so long ago:

After going through the post conference surveys, we learned that most attendees gave the conference overall scores ranging in the 4 & 5’s (with 5 being the highest score). We have heard directly from many attendees who are mediators and evaluators in family courts, and they called the conference the best they had ever attended on the issue. Many of them have been in the practice for 30 years. One District Attorney wrote:

“I thoroughly enjoyed the conference and felt it was one of the best I’d ever attended (I’ve been attending DV conferences ever since the Judicial Task Force put on a statewide conference after the OJ case!)”

(The clear and blatant theme of this one appears to be that women are equally as violent as men.  Hence, the publication “Partner” abuse (and “abuse” not “Violence’)  Title:  From “Ideology” to “Inclusion.”  

Oops:  http://www.cafcusa.org/2008%20conference.aspx

It appears these reviews are from the 2008 conference, which was merely “historic” and not “the conference of the decade.”  Sorry in searching on the latter term a merely Grand conference got confused with the truly Grandiose, which is about how the language goes too.  But it’s not truly likely that the same organizations, in alliance are likely to change directions themselves.  They exist, many of them, to change directions of OTHER venues, and other people’s, well, court cases.

(Tell you what — this inclusion does not appear to work in reverse quite so well…)

 

But, who are the real stakeholders?  

 

Why not instead just raise funds for subscriptions for women leaving abuse to some of the publications talking about us, and our children, and our batterers, and our stalkers, and our children’s abductors, and our options, and how to intervene.  

If we could have some “supervised visitation” to some of these conferences, I’m sure we would be competent to stand up and dispel some illusions circulating around these topics.  I have known for a long time what would and would not take this household towards safety and self-sufficiency and been asking for it from institutions that had it to offer, they said.  

This has fallen mostly on deaf ears. So now I am more interested in talking to these people’s supervisors, and employers, which FYI, happens to be in many cases, the federal grants system.

(note:  I talked myself into two such “Screening for Abuse (or, Domestic violence)” type conferences within recent years, AFTER I lost my kids, and while in PTSD, Poverty, dealing with stalking, and working one remaining job.  I overcame the PTSD of speaking up, and was called “brave” for doing so, in front of many strangers.   One was aimed at health professionals, and was nationwide.  ANother was aimed at custody evaluators and was not, although I would characterize BOTH of them as having analyzed the problem of abuse pretty darn well.

It was extremely validating and didn’t make a damn bit of difference in the case, and I doubt will in a whole lot of others.  Why?

 

Because INFORMATION is not MOTIVATION.

EDUCATION doesn’t produce behavior change unless the MOTIVATION to change exceeds the benefits of NOT changing.

Overcoming PTSD to speak in front of strangers, is not my definition of brave.  My definition of “brave” entails facing potential death, which I have, not facing a strange audience.  It entails facing down that man, with a loaded gun and crazy talk, in my own home, and not just once.  The bravery THAT time related to the fact I was a mother, and young children were in the home.  My definition of brave is, knowing the possible impact, telling my family to go take a hike and get a life, when they violated my boundaries post-restraining order, and made it consistently clear after this clear statement, that this was not on THEIR agenda.

Similarly SOME people need to start recognizing that surviving abuse may be luck, or it may show competence, and start getting a different attitude about who you are dealing with, when a person shows up not too coherent immediately after an incident.  Or when they show up in court (repeatedly forced to, thanks to the family law venue, which specializes on hearsay vs. evidence) also not coherent enough, possibly because of who’s present, and because of the authoritatarian and “it could change on a dime” nature of the interchange.

At this public speaking at a conference for PROFESSIONALS in the FIELD time, I also almost spent a night on the street, because in the process of speaking up, I mislaid car keys, took a commute back home, and found out the keys were in another city.  Getting them back took half a night, and more money (of the very little I’d gotten by chance the previous day, allowing me the commute to this conference), help from two friends by phone (my own cell being off) and it was cold, too.  I then imposed on someone who was actually a music client (so to speak) to stay overnight so I might not, in the fatigue and stress, oversleep work the next mornign which at this point would’ve resulted in being dismissed.

About a year later (this being halfway through the court cases following child-stealing) I was indeed suddenly dismissed by this same group.  Possibly they had what’s called “vicarious trauma” dealing year after year (and it was that) with my inability to get free from ONE abuser, and his friends, and the family law mishandling of a simple, simple restraining order renewal. Which I didn’t, FYI, get.)

I want to say something:

Since then, I have looked into the financing (funding, folks) of this same organization, and at its website.  See my post on “the amazing, disappearing word “Mother.”  (The group is not featured, but the principle applies).  It is a premiere group in the war against violence, not against “women” but, well, “family violence.”  I have to really question why in this same state, funds to shelters have been axed, but not to this group.  I have to ALSO question why I couldn’t get simple help when I needed it (and that includes, to date) from any of the entities that exist to provide it, after some of the original ones made a few policy mistakes, major ones, in designing the original custody order.  

 

So, why not just invite us to the conferences?  Note: before, THAT, raise funds to make sure that their phone and internets stay on (and deal with on-line stalking as well).   For example, the other year, had my phone been on, I trust I could’ve found a job and retained access to a moving vehicle through what’s called “work” — even though, through family law inanity, I lost custody on an overnight over a year earlier, all my profession in the aftermath (and buildup), and all hope of collecting any child support arrears in the process.  

You know what these conferences are to me, any more?  They are like ambulance-chasers.  They are carpet baggers.  

They are like a person with a boat with room in it, and not too far to BOAT to shore, but too far for most people, particularly people in danger of shock, or fatigue, or not in top marathon shape — they drive by in the boat and wave.  Sometimes they grab a kid in the process.  They congregate in boats, and talk to each other about the shipwrecks.  They even SOS — the shore — for more gas, and refreshments — and “technical support” — to converse — exclusively with each other — about “how to rescue shipwrecked sailors.”  SOMETIMES some of them even pull out a child or two, or three, and give the child into the care of other people making a living off the shipwrecks — OR the other parent that helped cause it.  That’s bright.

Then they have conferences about “shared parenting.”  Or, even about “the context of custody-switch.”  Or sometimes even about “the advisability of mediation in family law cases involving allegations of domestic violence or child abuse.”  I’ve read many of these, and they are (unlike this blog) generally copyedited, slick, and even have nice charts, sometimes color coded bar graphs, and the whole nine yards.

But what they don’t have is the voices of the people in the water which might show where they missed the boat in these discussion.

NOW — do I think ALL the people in ALL the conferences have impure motives and self-interest in the forefront of their minds?

NO — I know that ALL people are imperfect and have impure motives and self-interest to some degree, including me.  

That’s what the Constitution is about, and why any sitting President is sworn, under oath and in public, to preserve, protect, and defend it.  It’s about putting some restraint on tyranny.

This includes tyranny by simple exclusion from policy-making conferences.  

It should NOT be necessary for almost every mother (or father) who goes through divorce to switch professions and join one that might help him or herself defend herself in a family law custody action, and it PARTICULARLY is not fair where one partner (and it’s most likely to be the female one) has a life in the balance.  Not just an emotional economic life, but also a physical life to her or her kids.

TRUTH has a lot of depth and nuances, but the underlying principles are basic, and basically, SIMPLE.  When we are talking about human behavior.  As a teacher of many years, and I have taught, coached, directed, co-taught, co-directed and/or performed with beginners (tone-deaf) to professionals (in 3 venues:  piano/vocal/choral), I know that the same basics work every time, as much as how people sing and their particular voices differ.  Certain basics HAVE to be there, including:  Air, vocal cords, something to sing, and to do it well — a REASON to sing.  

Same for offices, lifestyles, businesses.  There is income, expenses, cash flow, overhead, etc.  There is some basic math involved.

What the extended decades-long (I’m approaching 10 years, I know others who have been in longer) nonending family law venue DOES is simply divert cash flow.  It STOPS what existed before, and recreates a NEW version according to its paradigm.  Many times, it stops the process and incentive for either parent to work.  

So, IF the actual desire is to STOP VIOLENCE, or CHILD ABUSE and SAVE LIVES:  I recommend starting to pay parents, particularly those who are experiencing stalking, abuse, or other threats, for some of these subscriptions, so we can keep up with what’s being proclaimed about us and our kids and our lifestyles, 

Or, alternately, we could stop the conferences and get back to something halfway reasonable,  like our own businesses.  Right now, this thing is really getting out of hand. . . . .  After a few years of chasing around the experts, and being ever so happy they had “analyzed” a situation well, I began to realize this is about where it stops.   With the talk.  (Well, not really, the dynamic of the situation is changing, but the “you’re making it up” folk are cancelling out the “you’re minimizing abuse” folk.  Even when they “collaborate.”)

I actually DO have a life (still — not the same one, but a life) to get back to, and it’s clear that this is going to go on, well, forever.  I DO have some things I wish to do in life than stop people so intent on stopping domestic violence, they have kept it going a good long while, and people so intent on sharing custody that they are not about to, ever, acknowledge that this is getting too many people hurt.  No, “supervised visitation” is NOT a good alternatives, that I can see.  For one, I was not offered it once in many years, although it would have been very appropriate given where the problems were happening in our case.  Most people I know that HAVE supervised visitation (at their own expense) are women who got it AFTER they reported abuse.  They lost custody and have to pay to see their kids.  

Do I want to spend the rest of my life fixing this problem?  No.  I don’t think it’s going away soon.  On the other hand, do I accept what has happened and zero accountability for what was stolen from my daughters, and me, and the unnecessary destruction involved?  No.  Do I want to lose something more if I confront again?  No.  Would you?

So. why not let the real stakeholders in on the discussions with the “stakeholders” in these systems?  Why should we have to run around studying the industry, and finding out about each new conference half of us can’t attend anyhow?  And with speakers we have already been exposed to their work, and a sometimes (I speak for myself) even know which grant or grants program is funding the thing and the policy?  Have we become a nation of actually employed experts whose very jobs are robbing from the unemployed, whom they are studying?

(I do apologize for my sarcasm here.  But my phone is only on today because someone had a good hair day, as opposed to a bad hair day, and another dribble of child support arrears showed up, enough for phone and not much more.  In order to get some nonfoods (which is illegal on Food Stamps) rather than ask someone I know for this (again), I waited 2 hours to get a single coupon unredeemable except at one store — not nearby.  I waited til the next day to redeem it.  On that day, which involved approximately SIX total bus trips, none of them involving more than  10 mile radius total, and after having walked 2 of those miles without proper shoes, I took the baggage home (involving a sack of potatoes and more) and looked for work, a lead on charity cars, and more.  Then my phone went off (as happens when one doesn’t pay in time).  THIS MORNING, I talked the bus driver into letting me on half price, because the feet wouldn’t make a similar distance this time.  It just so happened (couldn’t have been planned around or predicted) that — just under the deadline, a deadbeat Dad paid again. I reflected at how similar this was to life when I LIVED with this man (particularly as to unpredictable access to any kind of cash, and having to dedicate half a day or more to something that would take 20 min to an hour in a car). 

The primary difference being then that I had the joy of a little company with my daughters, who were growing up still.  I wonder where they are and what they are thinking today.

 

So, let’s change the dynamics:

Benefits (from OUR point of view, at least):

  • Life
  • Liberty, hopefully
  • Pursuit of happiness
  • Decreased National Debt ($1.9 TRILLION, I just heard?)
  • Safer classrooms, probably
  • Many, many more benefits.

Detriments (possibly from publishers, conferrers, model code designers, and a WHOLE lot more):

  • Some professions would have to find a new market niche, because the problems their professions live off would likely abate.  Like those who have lived through (see subject line) they would have to be resourceful, flexible, think on their feet, and probably no longer have a “captive” audience or a steady stream of federal grants to solve problems, but enter the free marketplace like the rest of us.
  • The professed Ph.D. experts would have to move over for the actual “experts.”  An expert is one who has experienced a thing, and has a vocabulary sufficient to communicate to communicate to others what it was.  Typically, this entails knowing others involved in the same thing.  OUR vocabulary, not the expert social science vocabulary.
  • Cash and jobs would flow in a different direction.

 

I think those would be the primary differences.  The question is, HOW would America Survive without the economy of pathology?  And the paradigm of the us/them; subject/object expertise heirarchy?

 

What year do you think this was written?

(Scroll to bottom for answer).

I have pasted an entire section from an article I found on-line today, as I was thinking about the mental segmentation and disconnect between different types of justice (courts), between courts & police, between police & prosecutors (from what I can tell), between “domestic violence” professionals and “child abuse professionals” (meaning, these professionals desire to STOP domestic violence and child abuse, by analyzing and, based on analyses, communicating their results and asking for policy changes.  Then, if the policy changes, the matter comes up, is the PRACTICE changed.  Again, the typical mentality is to “train” the professionals to practice what’s right.

Very few actually deal with the realities of human nature, namely, that there is no single branch of employment, business, and no profession, where most of the employees are altruistic, and none of them are dangerously self-serving, or motivated by, for example, basic human greed, denial, or lust for power.  

This excerpt is a sample of what I’d call honest writing, which shows how even a “model” practice that is published — certain perspectives were omitted. I would imagine that in this case, the voices of the people with these perspectives (the victims the model code was hoping to help) were not present for the dialogue.  THAT is indeed a problem, this gap.

 

it’s really a matter of language.  You see, calling an intersection of court, law enforcement, and social services workers when discussing issues that affect people who come under the category victims (i.e., of crimes) without including the victims — IN THOSE DISCUSSIONS — is exclusionary.  

It is a larger subset of a larger divide, called “service-providers” (including the “service” of JUSTICE) vs. Recipients/clients.

I’ve blogged on another post here about the effect of stalking on me, and including through other family members.  It is a total life-changer (and illegal).  I do not know how to sustain regular employment around the degree of it that has come into my life, and have totally switched goals in order to accommodate, if possible, the safety factor.  I know other women who have done this.  It’s NOT a game, and NOT a joke, but every law enforcement officer I reported to treated it as such, and added in some verbal abuse to go along with my attempt to report.  I have reported it to almost every agency or type of individual involved in my case, as I also reported the risk of child-stealing (which happened) and my concerns about the lethality factor in our case, a combo. of gut instinct, only to then find literature that shows my gut was right.

It is an odd feeling to find out how much of one’s life had already been discussed and conferenced about, and how long ago, and relate this to how many women have been killed since because even this (in its own words) “flawed” model still isn’t being followed.

Nevertheless, here it is.  It is in off-blue (not “link” color) italics.  Any bold or underlining, or variations from italic blue, are my additions,or emphases, except obviously the bolded section headings:

 

National Institute of Justice Project to Develop Model Anti-Stalking Code for States

Limitations of Report from Domestic Violence Perspective

In response to the great and sudden interest in state stalking codes, the National Institute of Justice (NIJ) created a project to develop a model anti-stalking code for states, releasing their final report in _________. (see below) Interestingly enough, the report does not refer to the NIJ’s history of involvement with this issue, which included the development of a model harassment code over 10 years ago.

Unfortunately, the resource group which developed this model code included no domestic violence advocates. (An issue which continues to this day/Let’s Get Honest comments in other fields) Presumably this accounts for the fact that domestic violence, rather than being seen as a central issue in the development of the model code, is relegated to tangential status.

Domestic violence is rarely mentioned in the report, and when it is it may be in a footnote. See, e.g., footnote 83, pages 38 – 39, which touches briefly on the overlap between domestic violence and stalking, and reports without comment on law enforcement attitudes that domestic violence stalking incidents aren’t worth much attention: “… While 77 percent of responding jurisdictions in Australia and Great Britain reported investigating stalking-type incidents, none considered stalking a major problem . High-profile cases were rare in the responding countries, and most agencies consider stalking primarily a domestic violence problem. Typical victims are women of any age escaping abusive relationships with dominant males , they reported… Stalker’s methods did not seem to vary from those used by American stalkers, and the course of events seemed to escalate from unwanted contacts to following and face-to-face threats…” (emphasis added) The message appears to be that a crime in which the primary victims are battered women is not “a major problem.”


Domestic violence is hardly mentioned again until page 92, where one paragraph acknowledges the usefulness of drawing upon criminal justice personnel’s experience with domestic violence in formulating strategies against stalking. However, the report then lays out a research agenda which downplays the body of applicable domestic violence research which has already been conducted. The report calls for research on stalkers (i.e. their behaviors, motivations, demographics, histories), stalking as a crime (i.e. its prevalence and reponse by the criminaljustice system), and the usefulness of restraining orders in stopping stalking (i.e. how well the victim, defendant, and criminal justice personnel understand how to enforce them). Given that the overwhelming majority of stalking cases are domestic violence cases, we can already answer many of these questions.  {{I alternate emphasis so every sentence is read in this paragraph.}}

In the discussion on sentencing, the report does not mention batterer’s counseling even once in its three-page discussion of evaluation, treatment, and mental illness, {{I’m not at this point highly enamored of batterer’s counseling, probably because of so many incidents I’ve read where counseling was ordered over incarceration; the batterer then aced the counseling, and went promptly out and murdered his former, reporting, partner.  And I believe that where even a 10% outside chance of “murder” as a side-effect of ineffective counseling happens, the chance should not be taken.  The concept that behavioral science, which is “prognosis” can substitute some how for safety, is not sound thinking, in my view. }}or in the principal recommendations where counseling is mentioned. This is unfortunate, since there is a growing body of literature on the efficacy of batterer’s counseling which would be applicable to the 70-80% of stalking cases involving domestic violence, and since there are also studies showing that most therapists are woefully untrained and uninformed in the area of domestic violence.  {{Cobblers see shoes.  Lawyers see legal issues.  Therapists see personality problems.  I have been stalked, battered, and lost access to the children through “family court matters,” so obviously this is kind of what I notice, too.  So even correcting the “training” and “uninformed” factors (imagine the expense) would still be in essence asking a professional in a field to change their outlook on the field. }} 

The timing of NIJ’s model code report was also unfortunate. The research was done before any appellate cases on stalking had been published, before the volume of commentators in law review articles, and when very few states had amended their statutes. The model code was based on two surveys sent to police departments around the country and to four other English-speaking countries, telephone interviews with prosecutors and defense attorneys, and analyzing the various state statutes on stalking and related issues.  {{THIS PATTERN IS COMMON WHEN IT COMES TO GRANT SITUATIONS FOR POLICY CHANGES.  FIRST, “DEMONSTRATION,” SOMETIMES (NOT ALWAYS) STARTING SMALL. THEN, “PROCLAMATION” BASED ON THE PRIOR “DEMONSTRATION” WHICH WERE NOT REPRESENTATIVE OF THE WHOLE PICTURE}}

 

It is unfortunate that the NIJ report was not seen as Part I of a two-part process, since it is necessary have an in-depth assessment of how the statutes are actually working in order to evaluate the NIJ’s proposed model code.  {{This may have  been “unfortunate,” negligent, or intentional.  I don’t know which; I wasn’t there.  At least this author comments on it.  After a while, one begins to notice how many things termed “unfortunate”  — weren’t quite left up to fortune.  This word cropped up in a mediator report in my case, referring to something which had happened specifically and ONLY after repeated interventions and decisions prompted by said mediator. }}

Analysis of utility of model code proposed by NIJ for battered women

Benefits of Model Code

But even with all the above limitations, the NIJ Report has a great deal of useful information and policy recommendations which could help battered women and their children.

For example, the Report’s principal recommendations for a model stalking code include the following, all of which could be helpful to domestic violence victims:

  • a continuum of charges, including felony status
  • option of incarceration
  • orders to stay away from victim
  • counseling
  • victim notification before stalker released
  • early intervention
  • systems put in place so that civil and criminal judges know what the other courts are doing with the same case
  • a research agenda
  • a multidisciplinary approach

In Chapter Two of the Report, the proposed model code is discused in detail. Probably the most beneficial statement is the following: “Of utmost importance is a state’s decision to require the criminal justice system and related disciplines to take stalking incidents seriously.

{{CAN YOU NAME AT LEAT 3 RECENT INCIDENTS WHERE IT WASN’T?  TOM’S RIVER, A TOLLBOOTH IN CALIFORNIA, AND A HOME (WITH TWO LITTLE GIRLS TRYING –BUT FAILING — TO SAVE MAMA’S LIFE) WHERE THESE RESTRAINING ORDER VIOLATIONS OR STALKING OR SEPARATION DANGER WAS NOT TAKEN SERIOUSLY?}}

The useful elements of the proposed code include a broad definition of prohibited acts; allowing “implied threats”, as opposed to “credible threats”, to be sufficient; the use of increasingly serious penalties to deal with increasingly serious acts, and encompassing misdemeanor and felony sanctions; and the broad definition of intent: “In other words, if a defendant consciously engages in conduct that he knows or should know would cause fear in the person at whom the conduct is directed, the intent element of the model code is satisfied.” The drafters made a similar comment in regard to the fear element: “In some instances, a defendant may be aware, through a past relationship with the victim, of an unusual phobia of the victim’s and use this knowledge to cause fear in the victim… a jury must determine that the victim’s fear was reasonable under the circumstances. ” (emphasis added) This language may open the door to the introduction of evidence regarding the stalker’s past threats toward the same victim, and to expert testimony on stalking generally, which will probably be beneficial to victims.

Similarly, Chapter Three’s sentencing provisions are also generally useful for battered women. The overall goals include protecting the victim, allowing law enforcement to intervene when appropriate, sanctions, and treatment for those defendants who can be helped.

The requirement of victim notification, and accompanying acknowledgements that some stalkers may be more dangerous when released from prison, and that stalking behavior often escalates into violence as time passes are very important for battered women. So are the enhanced penalties for restraining order violations, use of a weapon, minor victims, or prior offenses toward the same or another victim. All of these are typical of domestic violence cases. The no-contact orders upon release are likewise key for protecting battering victims. The advantages and disadvantages of requiring convicted stalkers to wear electronic bracelets are discussed sensitively.

Chapter Four, on pre-trial release, also contains recommendations which are generally good for battered women whose batterers stalk them. These include taking danger to the public into account, considering eliminating release on one’s own recognizance, recommended factors for courts to consider in each case, possible conditions of release, including no-contact orders, victim’s right participate in bail hearings, victim notification of pre-trial release and copies of release orders to the victim.

Chapter Five’s strategies for implementation are also generally helpful for battered women. The emphasis on a multidisciplinary approach underlines the need for all societal systems to work together to end this problem. The recommendations about the response of the criminal justice system are good as well, including training, better police policies and procedures, strengthening restraining order enforcement, providing judges with full criminal and restraining order histories of the defendant at every stage of the case, and the need to keep DMV and voter records of stalking victims confidential.

The NIJ’s proposed model code generally complies with the model code recommended by Susan Bernstein, which was discussed above. The NIJ code includes “threats implied by conduct”, and uses the history between the parties as a context in determining the nature of the threats. While the NIJ code does not mandate using computerized informational tracking systems, the larger NIJ Report recommends these, and also recommends the imposition of increasingly stronger penalties, including felonies. Though Bernstein’s recommendation that harassment include “unconsented conduct” is not addressed directly in the NIJ code, it appears that the NIJ drafters intended to encompass such conduct. Thus, the only key element listed by Bernstein which is not addressed by the NIJ Report is the reasonable woman standard.

Flaws of Model Code

On the other hand, the code has some flaws. First, threats toward the victim’s family are limited to those directed at her “immediate family”, which is defined very narrowly. It would be better to encompass the extended family, both because stalkers do not so limit their behavior, and because many ethnic groups in the US have a much broader definition of family than the nuclear version. Coverage should be provided if the stalker is threatening the victim’s aunt, uncle, grandparents, grandchildren, cousins, godparents, godchildren, in-laws, etc.

Second, “[t]he model code language does not apply if the victim fears sexual assault but does not fear bodily injury.” The drafters discuss the risk of contracting AIDS or being injured for resisting, and state that states may want to include fear of sexual assault in their statutes. However, the idea that sexual assault is not bodily injury in and of itself is ludicrous, and any historical distinction between these two types of injuries should not be maintained.

Third, the drafters propose that states allow for either restitution to the victim, or civil causes of action. It is unclear why victims should not have access to both remedies, since they are not interchangable: restitution is ordered by the criminal court, and covers only out of pocket expenses, while tort suits are under the control of the victim, and also allow for awards for pain and suffering and punitive damages in addition to compensatory damages.

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Effectiveness of anti-stalking codes in general for battered women

We last turn to the question of the effectiveness of anti-stalking codes in general for battered women. On the one hand, such codes can be useful. They serve as an acknowledgement that stalking behavior is wrong, and should be criminalized. They contribute to societal awareness that stalking is often part of the overall pattern of domestic violence. They may be an additional charge which prosecutors can use. In some cases, stalking laws can stop the cycle before more violence occurs by criminalizing behavior which otherwise would be non-actionable. On the other hand, there are many limitations to the efficacy of stalking laws in preventing abuse and violence. In some jurisdictions, stalking laws are the latest fad: they represent feathers in the caps of legislators and criminal justice system personnel, without attempting to solve the underlying problems of men’s violence toward women generally and domestic violence in particular. Secondly, there appears to be a belief in some locations that stalking statutes will be a panacea, that if the legislators can merely write the magic combination of words, they will be able to stop this offense. Such viewpoints fail to take the big picture into account — i.e. without fundamental attitude changes on the parts of law enforcement, prosecutors, judges, juries, media, therapists, and the general public, the same old attitudes about domestic violence will attach to stalking cases and result in inaction, undercharging, light sentences, and ineffective orders.

In order to be effective, stalking statutes must be one piece of a much larger coordinated community response. Key pieces of such a response would include in-depth training and written policies addressing domestic violence and stalking, and would be an integral part of the criminal justice system, health care system, educational system, and other social stystems. The training and policies would state that domestic violence is wrong, criminal, and not tolerated. An additional key piece of the response would involve cooperation between all the different parts of the above systems, such as protocols for cooperation, regular interdisciplinary or inter-agency meetings, and death review teams, reflecting the reality that everyone has to work together if we will ever be able to stop domestic violence.

But even with a true coordinated community response, anti-stalking laws are still a limited tool in preventing domestic violence.Even with severe sanctions, some stalkers, like some batterers, will not stop or will repeat this behavior with other victims when released from jail. And some victims may still be reluctant to cooperate with prosecution because protections they are offered by the criminal justice system are inadequate to prevent retaliation. They may also feel sorry for the stalker, love him, want him to get counseling, etc., or they may be forced to deal with him for years to come because they have children in common. It is notable that many state stalking statutes do not cover situations where the former spouse/stalker has visitation rights. This is a major problem for battered women, whose batterers often escalate the violence after separation and transfer their attempts to control the woman to the custody/visitation arena.

In conclusion, anti-stalking laws are a step in the right direction, but in and of themselves will not solve the problems of battered women or other stalking victim.

 

 

MY SUMMARY:

(I only commented on top part of article, for a pattern of asking questions.  ALL of it brings up good points, and I hope was read).

 

I COME BACK TO CONCEPT OF SELF-DEFENSE, AND a Survive! mentality for women.  (See my Toms River, NJ post).  Don’t break any laws, but do like the Boy Scouts, “Be Prepared.”  AND, prepare to survive.  I suggest that women pretty much be very pro-active in figuring this out themselves and with their own resources, until such day arrives where model codes are appropriate, or if appropriate, enforced, and if enforced, enforced seriously.

I deeply regret the years of my

(1) calling out for others to help me, while

(2) trying to maintain and help myself both, and immediately leave the situation.

I would have been BETTER engaged in time and energy not to have bothered with the first part.  Unfortunately, like many women leaving abuse, economics was a huge issue, not just recovery and safety.  This is why any effort to address DV issues not taking into account economic issues is simply unrealistic.  At this point, i also believe that any discussion of domestic violence which does NOT discuss the negative impact that the realm of family law has had upon all the research, all the laws, and all the protective meaures in place, will not make a major difference.  The efforts cancel each other out.

 (Verbal Confrontation, or even taking protective action, on  my part just brought greater escalations and punishments.  In fact, this was typically where it got physical).  I am talking about both IN the battering relationship (in my case, called “marriage, co-habiting years” AND in the afterwards years (taking a stand as  a separate woman, with children in the household.).  I remember one year of emotionally healthy, solvent, sanity — while a restraining order was in place.  There was a storm brewing, but the majority of the situation was a sense of growing prosperity and strength, and — apart from the source of this — peace.  This was BEFORE I’d had a few hearings in the family law venue.

The only benefit I can see from the whole process is that I now caution women to avoid absolutely every facet of it possible, and go about establishing their own:  Safety, solvency and self-determination.  It is also necessary to understand that doing so is not just a threat to one’s ex, potentially, but also to the entire “SYSTEM” if you don’t do it “their” way.  Which means becoming dependent on aspects of this for safey, solvency, and forking over self-determination to a parenting plan (or something similar) obtained through a custody evaluator or mediator, who are influenced by forces one doesn’t normally have input to deal with, in part because one doesn’t know they exist to start with.

Now, as to my doing this myself, it may entail abandoning this blog, also.  However, speaking out is part of a healing process also, and it’s a vital part.

While advocates from more than once side of the fence now dialogue and collaborate with each other (as women and thereafter sometimes men (including men who killed them) continue to die, and children continue to suffer abuse, and some go missing — the one side of the fence that is often not heard — IN the policymaking discussions, IN print IN the publications on these matters, IN the professional organizations that make a livelihood dealing with these matters, and basically on the IN, not the OUT, in these discussions — will continue to be the people with most at stake — their lives.

It is common sometimes to list the “stakeholders” in each new conference.  I have looked at many of these lists.  Rarely are the actual parents, targeted child, or targeted spouse (when it comes to child abduction or domestic violence or stalking, ALL of which are related, by the way) invited to confer.  And if they did, and what such people said WAS published, or broadcast, what about retaliation?  Ever think about that?

 

WHEN WAS THE EXCERPT WRITTEN?

About 15 years after Toms River, NJ – – 1994:


Found at:

http://www.mincava.umn.edu/documents/bwjp/stalking/stalking.html#id2355674


Minnesota Center Against Violence and Abuse

Domestic Violence & Stalking: A Comment on the Model Anti-Stalking Code Proposed by the National Institute of Justice

Nancy K. D. Lemon
Battered Women’s Justice Project

 

 

Publication Date: December 1994

(And the blank date in the excerpt was Oct. 1993).  


 

(Dis)Order in the Courts — get a perspective!

with one comment

 

Actually, I’m not totally sure what went down with The Hon.Judge Henriod, (Utah), in his jailing a woman for texting in court. She did 2 days of 30 assigned, with the rest hovering.  Was it about Order in the Court?  Was it about her attempting to help her ex hide assets, and so protecting the case?  It APPEARS to include some violations of due process.  

But this is as good an excuse as any to note that “Disorder in the Courts” (2002), while not as old as the VAWA act, which I HOPE your Senator supports full funding for this time round, is still relevant.

 

Humor me, here are the lead-ins: 

(1)  Texting and Driving — Crash & Jail

 

There are laws against texting and driving for good reasons:  the distraction can be fatal to others.  When it does, jail seems appropriate.

http://news.bbc.co.uk/2/hi/uk_news/england/7865114.stm

“Texting death crash woman” jailed

{{I’ve been through family court, and one gets called names in there frequently.  Can you imagine writing the by-line for this item:  “texting death crash woman?”  What a handle, what a claim to fame.}}

A motorist who sent and received more than 20 text messages before she crashed into another car killing its driver has been jailed for 21 months.

Philippa Curtis, 21, from Suffolk, was texting before she hit the back of a stationary car at 70mph on the A40 near Wheatley in Oxfordshire.

Victoria McBryde from Northamptonshire, who was dealing with a burst tyre, was killed in the crash in November 2007.

Curtis, of Bury St Edmunds, was also given a three-year driving ban.

Judge Julian Hall said it had been “folly and madness” to use a phone while driving and it had been “disastrous” for Curtis, Ms McBryde and her family.

‘Various calls’

Curtis, who was convicted of causing death by dangerous driving in December, had told Oxford Crown Court she felt there were times when using a phone while driving was acceptable...

THIS IS AN APPROPRIATE REASON TO JAIL SOME ONE FOR TEXTING.  SOMEONE GOT HURT.  I DON’T THINK THIS COULD BE CHALKED UP TO GENDER-RELATED, DO YOU?  THERE ARE REASONS FOR LAWS AGAINST USING CELL PHONE WHILE DRIVING, AND THIS IS THE REASON.  LIKE THE LAWS AGAINST (SORRY TO HAMMER THIS ONE HOME) DOMESTIC VIOLENCE, THE REASON IS, SOMETIMES, THAT ACTIVITY CAN BE FATAL.

~ ~ ~ ~ ~

BUT WHERE ON THE SPECTRUM WOULD YOU PUT THIS “JAILING FOR TEXTING”???

(2)  Texting in court – Citation and jail

 

Now, on reading the articles, I am not fully of one opinion or the other.  It raises a few issues…  If I wanted to lambast judicial irresponsibility, this judge might not be the textbook case or poster boy, there are worse for sure.  Also, some said this woman was texting AFTER the hearing….

Woman jailed for texting is released

TOOELE — A young mother who was sentenced to 30 days in jail for text messaging inside a courtroom — sparking an uproar that reached national media outlets — was released Wednesday after two days behind bars.

However, the judge who imposed the sentence for contempt of court defended his actions Wednesday and said he believed the woman was helping her husband hide assets in a complicated debt collection case before creditors could claim them.

I have an affidavit from a woman who was sitting behind her who heard her and her mother-in-law talk about hiding assets,” 3rd District Judge Stephen Henriod said Wednesday.

Henriod had found Susan Henwood in contempt of court for text messaging her husband, Josh, during an earlier court hearing in which the judge believed the woman was tipping her husband off about collection measures for debts. Josh Henwood had said he was sick and could not attend the court hearing.

At issue is a legal battle involving a plaintiff, Bob Wisdom, who is seeking financial compensation from Josh Henwood. Wisdom’s attorney, Gary Buhler, said all his client wants to do is get paid and make the case go away.

Buhler decried media attention that focused on Susan Henwood’s youth and four young children, which he suggested painted her as a victim, while ignoring efforts that he said have been made to conceal or transfer ownership of a long list of assets that should be used to pay off debts.

The witness who sat by Susan Henwood said in her affidavit that she observed Henwood continuously texting someone during the hearing and remarking to an older female seated nearby that “Buhler is not getting that” and “we will just move it, they are not getting it.

Other quotes on this case:

http://www.deseretnews.com/article/705300489/Woman-who-texted-in-court-released.html?pg=2

But Susan Henwood’s attorney, Alan Stewart, said she has no experience with courts and was simply reporting what was happening to her ill husband using a method she thought would be the least disruptive in the courtroom. Stewart also noted that Susan Henwood is not a party to the debt collection case.

“You’re using his wife as collateral,” Stewart told the judge. “You’re saying, ‘We’ll take your wife as hostage.’ A judgment debtor has rights, too.”

Hilder said individuals can be held in contempt if they willfully defy a court order, or if they assist someone else to defy a court order. Judges also are charged with maintaining order in the court, which does not mean simply the physical environment.

http://www.worldnetdaily.com/?pageId=96560

And from worldnet daily, a different viewpoint of the arrest process:

LAW OF THE LAND
Judge reviews case of texting courtroom spectator
Woman freed although contempt ‘conviction’ remains


Posted: April 30, 2009
12:30 am Eastern

 

 

 

 

By Bob Unruh
© 2009 WorldNetDaily

It was at some point subsequent to the hearings on her husband’s case a woman notified the judge there had been text messages sent.

Susan Henwood said she never would knowingly violate the law but was startled when she was cited. Then when she went to court Monday on the contempt citation, she said she was refused permission to testify on her own behalf.  

 


Susan and Josh Henwood

 

The complainant, instead, was allowed to testify unchallenged that Susan Henwood had been texting more or less constantly through the hearing, which apparently had gone unnoticed by the judge, the lawyers and the bailiffs at the time.  {{alert:  Hearsay??  Violation of due process, much??}}

Then the judge announced the 30-day jail sentence for her actions.  {A transcript of this matter would settle what happened}

She thanked the news agencies that reported on her predicament and that of her husband, left at home with four children under the age of 10.

. . .Just a quick refresher (and I am no lawyer):

14th Amendment:

Section. 1. All persons born or naturalized in the United States and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.

“Josh Henwood’s stepfather and Susan’s father-in-law, Dennis Jackson, reported there were no notices or warnings posted about the use of texting, a statement contradicted by the clerk’s office spokeswoman, who told WND that visitors to court were told of the judge’s ban on text messages. However, when asked how the warning was delivered, by sign or verbal statement, she said, “I have no idea.”

Conversely, in another case, Henriod gave a former teacher probation for having sex nearly 50 times with a 16-year-old boy.

“What is of primary importance to me is that [the boy] is doing well,” the judge ruled.” 

 

(3) Sex and School  — Probation Only

~ ~ ~ ~ ~ (It was felt that the woman did not fit the profile of a pedophile.  Interesting, someone else said that about the Huckaby case in Tracy, California also — but that has a gag order, now that she’s on death row for “special circumstances.”)  (“equal” protection under the law?)

It appears to me that at least WNDaily is following up on this, and that possibly the Judge had some cause for concern, HOWEVER, before jailing, a person should be allowed to testify.  I will not pronounce on all this (hearsay).

By the way, the “teacher” above was a woman (hover cursor over link for short comment on the story)

Another Perspective on No Child Left Behind?

{{I know, I’m kind of merciless on the NCLB theme.  Sorry, but I think the mentality that drives that thinking was related to why I lost my kids.  Ignore the DV, target the oddball parent who doesn’t support the federal almost-monopoly (give it time….) on “education.”  ALSO, that mentality and dialogue (dare you to find it on Whitehouse.gov….) ignores cases like this: }

Former Utah Teacher Gets Probation For Student Sex

Written by: Doug G. Ware 
Email: dware@kutv2.com 
Last Update: 10/19/2007 12:57 pm

SALT LAKE CITY – A former Utah high school teacher avoided jail time on Friday, instead being sentenced to serve three years of probation for having sex nearly 50 times with a 16-year-old boy.

Christy Anne Brown, 33, had pleaded guilty to having sex with one of her students while she was an English teacher at Cyprus High School in Magna.  But despite a recommendation for some jail time by Adult Probation and Parole officials, the judge decided that a probationary term was enough…(the boy’s parents didn’t want her jailed, particularly, either, it goes on to say…)

(What IS it about Utah, eh??)

(Maybe this is a commentary that we ought to go back to attempting to have young people become reasonably morally, character-wise, and behavior-wise a little more mature by the time the hormones and this drive start pumping through them. . . But again, this is a family court blog, not a  schools blog, I will restrain myself here). 

 

(4) Due Process, DOJ and the U.S., holding tanks:

(according to Glen Greenwald — and all I did was search “habeas corpus,” which thought was provoked by the Henwood case, above….):

The Obama DOJ is now squarely to the Right of an extremely conservative, pro-executive-power, Bush 43-appointed judge on issues of executive power and due-process-less detentions.  Leave aside for the moment the issue of whether you believe that the U.S. Government should have the right to abduct people anywhere in the world, ship them to faraway prisons and hold them there indefinitely without charges or any rights at all.  The Bush DOJ — and now the Obama DOJ — maintain the President does and should have that right, and that’s an issue that has been extensively debated.  It was, after all, one of the centerpieces of the Bush regime of radicalism, lawlessness and extremism.

Can I argue this case coherently, and have I been following loss of habeas corpus in these matters?  Not really — I’ve been much more concerned much closer to home — in re:  men, women, children, and the family law courts.  My daughters’ habeas corpus was violated — they were falsely imprisoned for a month, and no enforcement of any penal code against this.  As minors, the purpose of my prior attempt to get all parties in involved (and there were far more PEOPLE involved in this, both in my family and throught the courts, than literal “parties” in the actions at hand.  Only TWO parties were in the action at hand, involving custody in a divorce and domestic violence dynamic.  Those two parties were the parents of the children.).  Therefore, to my pea-sized brain, if I were to put some ORDER into my personal life — including work life, associations, weekly schedule, and what not — the most sensible way would to insist that the court ORDERS be enforced, consistently (perhaps it was the teacher in me that wanted this order), so that something profitable and practical could actually get accomplished in our lives.  In my case, that entailed making a living (despite repeated interruptions to that process) and raising children, which if you’ve done this, you understand has certain requirements attached, and takes both time, energy, and also money (food, housing, clothes, transportation, what not).

Which brings me to:

 

(5) DIS-order in the Courts

The title I sought was a publication by CANOW which addresses the topics I, and many on the blogroll, have been.  It is now such a commonplace google term, that we get hits such as this:

A.

DISORDER IN THE COURTS:

JUDGE CONVICTED OF CHILD SEX CRIMES

 

Jim Kouri, CPP October 13, 2005 NewsWithViews.com

New Jersey Superior Court Judge Stephen W. Thompson, who traveled to Russia to have sex with a teenage boy, was convicted by a federal jury last week on a charge of sexual exploitation of children. The judge also produced a videotape of sex with a minor and then transported that videotape back to the United States. Judge Thompson is associated with the North American Man Boy Love Association, a group which promotes sexual relations between adult men and children. NAMBLA is currently represented by the American Civil Liberties Union (ACLU)

After merely 10 hours of deliberations, the jury convicted Judge Thompson, 59, of one count of traveling in interstate and foreign commerce with the intent of engaging in sexual conduct with a minor for the purpose of producing a visual depiction of the sexual conduct. The jury found the defendant not guilty only by reason of insanity on count two, charging possession of child pornography.

 

This one got caught.  Finally.  Kind of undermines confidence in the judiciary, eh?  SUPERIOR court judge?  

When I taught music, it was a commitment/ a round the clock type of thinking.  I thought about it when not actually teaching or performing, although it is most certainly possible to dwell on other things, do other things, etc.  But for central passions in life, they influence you.  They are not just mindless occupations you pick up for some hours and put down.  I will say this for being a mother as well.  It’s not something a judge can rule that I have to cease being, and I can readily comply with that — internally.  It’s built-in, and a part of me, just like music.  Taking both of them out, that’s a rough call.  

So how about this judge having what clearly was a central passion (others, it’s money, others, I’m sure it’s “justice”)  – – this is going to cloud judgment.  Good thing he got caught.  How many were hurt, en route?  

 

B.

“CA NOW recognizes that there is a crisis in the family courts.”  http://www.canow.org/ca_now_family_law/

Disorder_sm

Ladyjustice

 

 

 

 

 

Do you??

(Direct quote from the above page):

We have had hundreds of complaints from mothers whose divorce, custody and child support cases denied them their right to due process and failed to consider the best interests of the child.  CA NOW documented the results of analysis of 300 family law cases in our 2002 Family Court Report

About 40% of custody cases are contested today due to allegations of child abuse, molestation and domestic violence. Tragically, in some of these cases perfectly fit mothers are losing custody of their children to abusers. Pseudoscientific psychological theories are used as legal strategies to switch custody from or deny visitation rights to mothers of abused children.   In cases where fathers contest custody, they win sole or joint custody 40 to 70 percent of the time.

Disorder_sm

CA NOW published an e-book, Disorder in the Courts: Mothers and their Allies Take on the Family Court System, which is a collection of essays by mothers and their advocates addressing different aspects of the problems with the courts. 

Purchase your download of this e-book online, or contact CA NOW at 916.442.3414 x101.

We have lobbied for legislation that protects mothers and children, and against legislation that is harmful.  We have worked in coalition with other organizations to address the systemic problem of court injustice.  We have demanded accountability from officials, and utilized the media to bring attention to the issue. We have created and gathered resources for mothers, advocates and attorneys that you will find on the side bars of this page. 

CANOW does not provide legal advice, referrals, or funding for litigation. We are taking action for family court reform through political pressure and exposure, legislation, public education and working in coalition with other organizations. We encourage individuals to find others in their communities who can organize grassroots efforts to do court watches and to use public forums (speak outs, protests, media, etc.) to bring attention to the corruption in their courts.

C.

So Does NOW NYS:

http://www.nownys.org/disorder_courts.html

(From a link on this page:  This section refers to cronyism, misuse of taxpayer dollars, slowness to prosecute ethical violations, and it SPEAKS to the character of those who make crucial decisions in family’s lives.  Some of these cases (of judicial misconduct) do not just show one form, but multiple forms of horrible behavior, if not felony.  It BOTHERS me that people of this character still populate courts that I know (see post on “therapeutic jurisprudence?”) are an institution seeking to itself teaach and “reform” those on the lower spectrum of the socioeconomic radar, and make no bones about it either, with parenting classes, marriage promotion, batterer intervention programs of dubious efficacy, psychological analyses  as a short-cut to fact-finding, or at times even reading the court record/evidence already on it.  ):

The commission began probing Robin Garson four years ago after she told a grand jury that Brooklyn Supreme Court Justice Michael Garson – her husband’s cousin – confessed to improperly taking $100,000 from his elderly aunt.

Michael Garson, who resigned in December, has been indicted on grand larceny charges for allegedly looting the nearly $1 million fortune his Aunt Sarah Gershenoff saved over 50 years as a legal secretary.

His trial is expected in October.

Robin Garson, Gershenoff’s personal guardian, also testified that the power of attorney Michael and Gerald Garson used to pilfer Gershenoff’s money was forged.

Ethical rules require judges to report criminal acts. She did not at the time.

Gerald Garson is now serving three to 10 years for taking cash, cigars, free drinks and meals from crooked lawyer Paul Siminovsky in exchange for awarding lucrative appointments and fixing cases.

Last April, NOW complained that Robin Garson “exploited her official status to obtain special privilege” during her husband’s trial, passing notes to defense lawyers and entering the courtroom through special doors reserved for officials.

In the Aug. 1 letter, NOW exhorted the commission to pursue Siminovsky’s testimony that Gerald Garson asked him to help Robin Garson’s election campaign as part of their corrupt relationship. {{NOTE:  Simonovsky is testifying because he was caught himself; part of the plea bargain was helping to catch this crooked, divorce-fixing-for-pay judge!!  The crooked relationship in question was the Simonovsky/Gerson one, let alone any Garson to Garson ones}

“Please be transparent in your investigation,” Pappas wrote. “Judicial canons require that judges maintain ethical standards and avoid any appearance of impropriety. Please help us rebuild our public faith and trust in the state judiciary.”

FINALLY, ON THIS LONG POST:

I ask you to visit the link above.  I am going to put most of it as a separate post, and underscore personally:

Here’s SOME of it:

When women come to court because of abuse they need help, not harassment
by Tracy S. Simmons and Mary Frost, edited by Gloria Jacobs, Esq.
Stop Shooting the Messenger:  When women come to court because of abuse they need help, not harassment.
A. Women are often afraid to report incidents of violence and abuse to the police as the law is often not upheld properly at that level.  The consequence of this action at the court level is it often gets treated as either a false allegation when she finally musters up the courage to seek help in court, or she is blamed for not seeking help sooner.  The Court punishes the victim for not handling the matter as they see fit rather than offer support up front. 
B. Guilt, trauma and fear are often misinterpreted as weakness, hysteria, overly emotional, overly protective and out of control.  Women are punished by the courts for being protective and nurturing.  It is often used as the litmus test to their credibility whereas men are not judged by the same standard. 
C. Even when there is evidence of physical abuse, the court uses a psychological smokescreen/syndrome/theory to vilify the protective parent.  The courts responsibility is to uphold the law and not to make decisions on what new theory will be medically acceptable.  That job is for the AMA, who does not accept Parental Alienation Syndrome.  Therefore it must not be acceptable for any court to allow any non medically accepted theories/syndromes and other non medical legal tactics, which only serves to fuel the multi million dollar cottage industry it has created by removing children from their mothers while rewarding the abusive party.  

D. Judges need to meet with the children during an on-going custody suit prior to making any custody decision.  Further, there should be a periodic review.  Children need a venue to be heard that will be safe.  The meeting should be recorded and not sealed.  It should be noted that contrary to the position LG/GAL’s often hold, children are often empowered by the ability to communicate and will do so willing and honestly to a Judge, given the chance. 

I (blogger) wish to qualify this:  children who are coming out from abuse understand, quite often, that there is retaliation for reporting it.  I have had my kids tell me, “no way” were they going to open up to a (mediator) who is to them a stranger.  Conversely, our mediator expressed to me the concept that I had (per se) that the children would much more readily confide in him (note:  they were girls) than me, their mother, or their father.  That’s narcissistic and shows no awareness of either the dynamics of abuse.  This particular mediator already knew of the original restraining order, too.  Trust me, the children read the adults better than the adults read the children, in general.

It needs to be understood that the children’s safety OUTSIDE the courtroom is paramount. 

E. Stop using discriminatory processes against women in court.  We can not choose to isolate and punish one specific group of people and not another for the same thing.  So called Parental Alienation Syndrome, and its many incarnations, is not used in criminal cases nor is it used against the angry neighbor screaming nasty comments over the fence in front of children.  It’s not used where intact families berate each other in front of the kids.  Its ONLY purpose is as a legal tactic used against divorcing woman, to diminish the legal consequences of abusive behavior and up the ante on an already unleveled playing field.   
F. Equal protection under the law….That includes women and children.
   

Orders of Protection (OP)

A. Grant orders of Protection for the abused NOT for the abuser:  Train judges so they are not issuing retaliatory OP’s to angry abusive husbands who receive an OP against them. 
B.

Grant permanent OP’s where necessary.  We’re not seeing any permanent OP’s, even for the most dangerous offenders. {{IF I’d known such were available…}}

C. Orders of Protection  must be strictly enforced  {{If-Only….}}
D. Battery , assault and sexual abuse is a crime and must be treated as such.  These matters should not only be heard in the family or supreme courts, and women should be informed that criminal court is available to them.    {{When I found it — a few years into the family court process.  When it was driven home — after the child-stealing.}}}  Hold abusers criminally responsible even if there is a custody or divorce matter before the court, criminal matters need to be directed to the correct authority.

 

I am not, FYI, a member of NOW, and not about to become one.  There are some issues and priorities on which I differ.  But i question why it takes a feminist group to state the issues so clearly?    Thank God for them, and their groundwork!

 

Feminists have been targeted and namecalled in many sectors, but some forget where they came from to start with, responding to some very real, and very outrageous discrimination and civil rights violation.  I remind the fathers viewing this, that women got the vote ONLY in the last century.  Talk about “equal parenting time” coming up in a decade or so only is simply not credible.  

If you think you have “identity” problems — or are tired of participating in the rat race society that, I would just about bet, women (if they’d been making decisions) — I mean, ordinary women, not foundation owning women — we would have understood to allow for some time with our children, but not having this be our sole identity or talent.  Our corpus callosus” is thicker than yours; we naturally multi-task (perforce, also!), and the place your kids belong, when they are young, is in our arms, primarily, assuming we are decent.  Our hips are generally speaking set to have a kid on them.  We live longer.  We have more body fat in general.  We are designed for this, and a lot of smarts are developed in these categories.  Give us a _____-ing break in express-pumping milk for two-year olds (Toronto judge) so you can get equal time with your former wild oats.  

I’ve been a professional, including teacher, and worked many fields.  I was a Mom, and instantly (late 30s) I was supposed to drop that identity and STOP what i was doing.  But also, bring home the bacon.  But, stay home, barefoot, kind of, and car-less.  Then that didn’t satisfy my confused mate, and towards the end, I was told to work nights, but this didn’t produce any more household cooperation, either in house OR child care.  When I didn’t come up with enough $$ to compensate, I was lectured.  helpers were flown in to lecture me, in front of my daughters, on how to be a wife (this was shortly before I threw him out).  I later did a background check on the particular individual flown in to do this, and it wasn’t pretty.  

 

I then (mid-40s) took legal action to protect myself (himself, given the context) and our children.  I began repairing and rebuilding, and taking care of the children AND working.  Child support was finally ordered.  I moved for a fresh start, and then the hounding me, advising, lecturing, and attempting to direct me (not how to be a wife, but how to be a single Mom), came in, from another male (who had never raised kids), the same one that wasn’t smart enough to help us get a restraining order, or intervene in the wife-beating.  When I deterred from this enforced “advice,” the punishments resumed – out of court, in the courts, and economically.  I therefore had to restructure HOW to provide for us, and I had only two hands, not three.  Work, household, children was enough.  Fending off intruders and learning legalese was not on the map.

It is now.

I was told, then (approaching 50s here…) I was TOO enmeshed with the kids, then (as child support was withheld and jobs were lost, around the family law system) I was “abandoning them at home alone” (approximate quote), which, apart from being untrue, referred to at most, perhaps 4 hours a week of evening work, in my profession, necessitated by the prior reversal of schedules brought on by the court actions.  This is called knee-jerk co-parenting. It’s impossible, and not good for kids.

 

Women, sirs, are generally short of time, and frequently finances also.  If you want something done right the first time, perhaps you ought to ask us.  I believe that, generally speaking, we know the value of our time, our $$ (and yours) and I find it hard to believe that a growing being that spent +/- 9 months inside us is just a piece of property, or a meal ticket.  When and where that has happened, whose institutions has that young mother come through to start with?

Individually, and collectively,

we are personally unavailable for scapegoating from here on out.

 

For a counterbalancing view, see Chesler’s “Woman’s Inhumanity to Woman.”  It happens.

 


Wait a minute! “IPV,” “DV”– Social Scourges or Euphemism and Oxymoron?

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Vocabulary Analogies.

I was tempted to call this “in which I discuss the dissemination of obfuscation,” but it’s not really a laughing matter when people are dying over this, weekly, and around the globe.

I am not of the belief that utopia is possible, at least as enforced by any state agency, government, religion, NGO, or anyone else.  When I hear someone wanting to “help” me, at least someone I don’t know and didn’t personally solicit to do so, I try to head for the hills, and highly recommend this.

Unfortunately, with the advent of the Internet, the Language Police lurking around every corner, and our children being CAUGHT, practically, as they exit the womb by someone funded by someone fanatically suspicious of the mother/child relationship (i refer NOT to the practitioners — thank you, mine were born in a hospital — but to the premises behind some of the policies) — there are fewer and fewer hills left.

This includes hills and pockets of time as well, and that is almost nowhere as true as when a woman, with children, tries to exit a man, who has threatened and hit her, with institutional intervention.  

Just as, thanks to the increasing attempts to criminalize “homeschooling” (another misnomer) in my home state, there is less and less time available to the average citizen — whether parent, teacher, commuter employee, or child, unless it is built into one’s profession.    I have some perspective (age, profession, and parenting) from which to say this, but have not as yet decided to share identifying go public in more blatant identifying detail  (see topic, leaving domestic violence…)

So in general, people do lack either time, or motivation, to address IPV and DV unless we are typically involved by personal association.  It is, after all, less pleasant than stopping to smell the roses; in fact it’s profoundly disturbing.  

But I say, how about time to stop and smell the vocabulary?  Those most inclined to do this are those who have tasted its fruit, where that fruit is sometimes stale and putrid.  Maybe you could from the safety of your home (I’m not asking for money, or for you to call your legislator, am I?) might stop a moment to consider.

Some of these terms have become SO proprietary they are almost meaningless, although I am VERY grateful for the women and men before me who passed laws to criminalize “IPV” and “DV” and I am VERY very grateful that I had at least one opportunity to evict someone who had battered me in the classic definition of the word and was engaging in a pattern of what is called “domestic violence.”

IPV for the uninitiated is a version of “Intimate Partner Violence,” itself probably a linguistic migration from “DV” (Domestic Violence).  Trust me, there is nothing domesticated about violence, it is per se a refusal to be domesticated.  Nor does it only occur domestically (in the home).  It’s a lucky person that can domesticate a few cats, but who can “domesticate” a person that has taken to hands (or other handy implements) to intentionally: tame the shrew, or beat/threaten/punish the woman (oops, “partner”) in the process of teaching gender differences DO rule, and some divides were ordained by God (yeah, right) and not cross-able.  Note in that concept the transference of protesting hitting one’s (in this example) opposite-sex partner (with whom one has engaged in sex) to illustrate the girls do NOT rule, Boys do.  [This is a particularly religious thing, though not limited to it].

Intimate PARTNER?  Now that I think of it, when the relationship is He hits Her (or He hits Him, She hits Her, or She hits Him for the politically more correct than I am feeling today), it is the precise opposite of what the word “partner” means.  I mean, there’s a “partners in crime,” a humorous phrase used sometimes of a rapscallionly escapade that’s not really a crime.   I was mugged twice myself –outside the home.  I didn’t go back and “partner” with the guy who made off with my purse.  

Why then would I attempt to with the guy who made off with my children?  Can we not depart in peace, or get some assistance in this process, eh?

More to the point, why would some agencies in Washington, D.C. and (yes, I looked) Colorado, as tested in a variety of states, usually including California, determine that my doing so would be good for the overall populace?  It really goes against nature and common sense.  WHO was it that didn’t respect boundaries to start with, generating what’s called some form of separation?

Therefore I say, Intimate Partner Violence has GOT to be some kind of triple oxymoron non-think that has just wormed its way into our vocabulary, nonprofit [and governmental] organizations to distinguish it from stranger violence.  

Well, folks, IPV is far WORSE than stranger violence.  Stranger violence, if you AND yours survive it, and are not maimed, is not statistically likely to reoccur and escalate to death.   Stranger violence has the concept of accidence in it, you could MAYBE have avoided it, or it was unavoidably bad luck.  Not so with “IPV,” which when magnified through the institutions designed to (but in general failing to) put a stop to it, is closer to a total blood transfusion, and entails a personal, specific, and persistent hostility and will to hurt from a specific individual specifically against another.  

Anyway, words don’t just drop down from the sky.  Many of the times (at least in the U.S.) they are federally mandated.  Like “Access Visitation” — but that’s another topic for another time.    

Once these words have been mandated, and promoted, from “on high” (that’s called, government of the people, by the people, and for the people — or it seems I once heard it was….) they are then circulating through the lower, plebian realms — courts, schools, police stations, nonprofit agencies, and so forth.  And the attendant associations to these agencies and institutions, FEW of which YOU are going to be involved with unless you (a) work there, or (b) deal with someone who does, or (c) whose life has led through their doors, or (d) someone dependent on you, or vice versa, as a friend or relative, has also.  

My sarcasm here is not really out of place.  I have been tracing funding of dysfunctional organizations, with some guidance (NAFCJ.net being among but not the only source) of WHY when I knock on a door and sit down in an office, the agency-speak is simply in my native tongue, but with an entirely different set of rules.  The general rule I apply anymore is that whatever it says on the door, the OPPOSITE is not just the effect, but the intended effect and implicit in the design.  

Gentle readers should also understand re: blogger/survivors — there were years of being told NOT to talk (and still are) under our belt.  So, part of blogging is just telling it.  One woman’s simple attempt to summarize the problem (see “Australians Talk,” previous blog and links) spoke to me, so I slapped it up here, thinking it would suffice for a post.  

No, darn it, I had to actually think about it.  I thought about how insane/inane it is to sterilize these words, as we do, face it.  If even God had to do quite a bit of show and tell (miracles, sending a Son, etc.) (was that a Freudian or Theological slip — mine is showing, I suppose), similarly, those who have actually survived this violence, trauma, and losing someone or something to it, should be setting policy AND vocabulary.  

That’s enough for now.


Intimate, Partner, Violence.

Domestic, Violence.

No wonder we need mental health professionals throughout the fields attendant on these terms.

Can you wrap your mind around that one?  (No wonder it’s a market niche around “family courts” etc…..)

the word “court” certainly applies, in the sense, court someone’s favor, or in the royalty application.  The word family, again, has just about become meaningless when those promoting it as essential to the fabric of our nation (and to a degree, I Do agree, believe it or not). 

I know women who went homeless fleeing abuse.  They had homes and professions after the exit; the stability appeared to threaten the status quo, the basket was turned over and emptied out, and through the same mechanism that has put my stomach hungry some days, blogging where the internet is free, and unable to purchase a simple meal at the same time.

Alternately, these terms rolls off your thinking like water off a duck’s back, how many intimate, wonderful, partnering, dynamic, sensitive moments in life have along with the oil coating also rolled past your door? Some of the best parts of life (not just your body) are sensitive to others around you, and what national policies mean to immediate neighbors.

Let’s properly sort those terms:

“Intimate Partner Violence” and “Domestic Violence.”

Move the words around, and it makes much more sense:

Put “intimate partner” with “domestic” and you have something user-friendly.

Take the two “Violences” and keep them separate, and the antagonism is right there out in the open:

V2 (Violence X Violence).  There’s no place for this in the home.

Again, just as a reminder, the definitions include a pattern of oppression.  No, I don’t mean, being asked to wash the floors if you’re awoman.  I mean being TOLD to wash the floors NOW, or else, and the “else” you already  know, because it happened before, and hurt.  Or destroyed.  Or violated one of the rights listed in the Bill of Rights.

Written by Let's Get Honest|She Looks It Up

March 25, 2009 at 5:15 AM

WHY Family Court (let’s get honest) “matters” to us all…

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…Even if you’re not inside the doors. . .

…Even if you have your “act” together — 

…Even if you’re not IN any marital or intimate partner act.  Or relationship.

 

You are probably living with, next to, or in association with someone who has been.  At least one of the people who go behind those doors into this family law / let’s mediate / co-parent / share custody / just get along (adversarial) system is going to be traumatized.  

 Another will be probably robbed.  A third will be shocked.  A fourth will be rewarded.  A fifth will be back for more easy victories by hearsay accusations the next time he (or she) has a grudge.  A sixth will be forced back to negotiate with the abusive partner she (OK, now you can argue:  \”or he\”)  was attempting to separate from   — and will be lectured, after having worked up courage to do this — not to upset the children by showing anger, or conflict, because in this YOU-topia supposedly conflict never happens — or at LEAST never between parents.  

This belief, along with Santa Claus, according to the same logic, is going to set your children on a good path for life.

A seventh will have been raised by one or more of the above.  An eighth will be teaching (or in class next to) one of the above. 

For a take on the intergenerational, societal transmission of trauma, see “www.sanctuaryweb.com

 

Get real   – – – and

 

Let’s Get Honest.  Without hate.

Let’s look at the script (and playwrights) in family law.

Let’s look at the off-stage directions and who takes cues from whom.  And let’s begin to understand that this is not a game, it is real people, real lives, and in some cases, physically “lost” in the drama.  

Let’s ALL consider the profit/loss ratio in this endeavor, family law, family court services, custodyh evaluations, mediations, court-appointed guardians, and attempting to, through this process and under cover of “law”, force divorcing parties with enough anmosity they couldn’t work it out separately to come seeking a higher authority to punish the ex somehow, or extract children, or money from her or him, and on what basis.  Personally, I (sarcastically) feel that both these words:

FAMILY COURT“”

are accurate.  The trick, like in any new culture, is to understand the idioms — usage — nuances.  The “nuance” in this case is, assume the exact opposite is meant.  Supposedly this is about “family,” and to help them.  Supposedly courts, in the USA (and elsewhere) exist for the purpose of determining truth and dispensing justice.  The words “public servant” possibly come to mind.

COURT:  Go back a few hundred years, and think “court” again.  Try Henry VIII or Louis XIV.  Think about what takes place in the halls of a palace, and who gets to be there?  How did one get an appointment at a palace?  How did one, having obtained it, REtain it? There, that’s a little better, you’re getting warm…  . . . Also, did you know that any attorney is considered an “officer of the court.” (not of you…) (I THINK).

FAMILY:  The “Family” in question is less likely your own (which will be devastated, most likely, one way or another), but the true “FAMILY” here in are the professionals, and so-called experts that know they will be dealing with each other on an ongoing basis, referring business, exchanging pleasantries, and in some cases referring cases (translation:  Jobs).   “Good” for them actually could mean keeping a family IN the system.  “Good” for the family biological generally means getting themselves OUT of the system and back to life as almost paranormal — or at least work, and sleep.  Perhaps the words “fealty” or “feudal” are closer to the truth.  I do not denigrate ethical, honest, overworked, and noble judges attorneys, or (well, I haven’t met such a mediator).  I’m sure they exist, and among the approximately seven judges I’ve stood before in this case, some more than once, only the 3rd one would I characterize as ethical and having a reputation of actually having read the paperwork before him prior to ruling on it.  Unfortunately, he quit family law, but I have been to date unable to.

The “COURT” does indeed hail back to royalty, and I think that is the most idealized among us that are going to lose in court.  We have believed (prior to baptism by fire) that this system, while we weren’t in it, somehow existed, in ether, and would protect the innocent and help the falsely accused, if only the truth were at.

I tried that for many years with a man that, in about the 8th year of this “just trying to get along” (survive, from my standpoint), was offended, again, by a minor perceived provocation.  I turned the music down, which was earsplitting and had just been turned up to make a point that the conversation was over.  We had small children at this time.  I reached over and turned a radio dial.  Next thing you know, I had been grabbed, hurled, and landed on my chin in literally another room.  Teeth were knocked loose.

I didn’t learn til many, MANY years later, that this was felony level domestic violence (serious injury caused) or that even a difference existed between the civil and criminal system existed.  Why would I?  I had prior to then inhabited churches, schools, parks (raising kids) with playgroups, and concert halls.  I did not think that a DETAILED awareness of how our criminal, civil, and other justice system works, let alone knowing the laws of my state (and federal) were important to my safety and wellbeing.  NOW, I think that at least the ability to navigate them, including what is the flowchart of a basic lawsuit (which is not that complicated…), should be required for high school graduation.  Unfortunately, it appears that in too many US schools, we are still working on the ability to read.  Period.

In other places, this may be called “DOMESTIC RELATIONS” or something similar.  The same interpretions apply.  Get your head out of the clouds and understand who is cozy with whom, and that it’s relationships, not evidence (in practice) that counts, in most arenas.  THAT is the problem, and like the beginning of our country, principles count and are worth fighting to preserve, or restore.  However one may bash “Dead White Males who owned slaves, or that it took women even longer to get the vote, the fact remains that  that Constitution exists, as do the Bill of Rights.  Like laws, muscles, or any other talent, they mean nothing without application towards the goal, and where these count is, they are that ideal.   Or, should I yet say “were”? – –  Use it or lose it. . . .. 

 

 

Let’s consider

what kind of emotion drives people even showing up, via an Order to Show Cause requesting a Motion to MAKE THAT WOMAN  (or MAN) stop, pay, or give me (back) my children.  Think about it, and about the logic of any authority (which these courts are, in fact that is primarily what they are, order-makers)  then telling both parties — when only one initiated the motion —  (this is now the script) that “conflict” is bad for kids, so pretend you don’t have any, or no more contact with your kids.  And let’s compare that with things such as, the state laws, the Constitution, the Bill of Rights, the Declaration of Independence, and so forth.. . . . MANY of these families, with kids, ended up there precisely because of out of court conflicts that had almost gotten lethal, or had hurt someone.  The basic premise of any legal motion is that some “wrong” happened ( “tort” = “wrong” — and believe me, I didn’t learn that term even 3 years into the system), and therefore the court should redress it.  However, in entering the halls, when kids are involved, thinking goes haywire, and despite the system of “tort” “redress” (etc.) on which law is based, the judges, and associated employees of the court, or an affiliate of it, then all communicate clearly that BOTH parties are wrong, since they couldn’t settle their own differences without court help.  They are presumed needing a sound lecture of some sort, and of course therapy, if possible.  The general idea of the process is DUE process.  However, the general idea of the family law system as it now exists is virtual behavioral modification, and through this, I say, social engineering — mass scale.  JUST REMEMBER “COURTS” // “ROYALTY.”  Where do the allegiances typically lie? It often gets down to simply the character of the individual judges.  

 

The desired result of a hearing in court is called and “order.”  Contempt of it can (doesn’t often, but CAN) end one in jail.   In the mythic interpretation of the process, which those of us without prior connections probably held going in, the order comes from a judge who is more noble and neutral than either of you, will hear EVIDENCE impartially, and in a manner coherent with the rules of court for the jurisdictions, and judicial ethics, as listening to attorneys (if any) who also abide by their professional codes of ethics, etc.

 

Like I just said above, about Santa Claus — –

 

How does this relate to you, if you’re not a denizen (making a living at this) or someone who went IN, but hasn’t been able to get OUT of the system yet?

It being a stressed, fragmented world, in general, I imagine that you figure it’s “not your business.”

How about if I said, it’s your money, though, as a taxpayer? 

How about if I said, it MAY just relate to the statistical probability of someone you know being a bystander of an irate spouse that took the law into his (and yes, it primarily IS “his” so, or the major news media AND USDOJ are both run by radical feminists, and censor mothers wiping out fathers, kids, bystander and a cop or two, and themselves because they were publicly humiliated, or just bitter, and couldn’t help themselves — and knew how to use a gun, or a knife, or a club, or tie a knot, etc.).

 

I’m WAY newer to blogging than to Family Court.

On the other hand, unlike FC, my blog doesn\’t imply that it\’s saving families, or even serving them (as in \”Family Court Services.\”  Nor do I hope that somehow this will orchestrate a brave, new world.  In fact years ago, when I was hauled in (no, it wasn\’t voluntary), my venues were limited to, and my focus on:  my immediate family, profession(s), colleagues (when I still had them), and the communities I lived and worked in.  I got on-line to email some friends from time to time.  I wasn\’t fighting to find out where my rights went, and (because I wasn\’t in the habit of breaking laws or court orders to get my way in life) I wasn\’t desperately trying to search what my state code called that last despicable act.  Or how come it only took 20 minutes to change my kid\’s futures, that had been set since an early age towards college, with scholarships, ANY college they set their sites on, within reason.

I would like to talk about what some of these myths do, that allow decent upstanding law-abiding, non-wife-beating, hard-working parents (and individuals) to keep clear of these halls and not trouble their sleep about what happens inside them .  Let’s Get Honest about what the myth that justice is happening in behind these closed doors  is costing the country, and your communities, overall.  

Recently (Spring 2009), the US closed lots of schools in a panic over swine flu.  Clearly someone understands the concept of “quarantine” for the general public safety.  Then they decided to open them again.  How about opening some of the closed doors in courtrooms?  The people’s changes and humiliations / /wins / losses //responses to these (trauma, or as it sometimes, I”m sorry to say, turns out, kidnappings // femicides/homicide/suicides // poverty afterwards is already in public view.

So, “general public,” gentle readers, the family court leper colony is not working — for the family, or for the general public.  However, it IS working quite well, thank you, for the type of personnel who designed it to start with (primarily, in the USA, in Southern California).   And YOU (if you are Joe common bloke, Ann single working woman, or Mrs. Joe & Ann Smith, gainfully employed.    Or (I hear now Maine is the 5th state in the US), Mr. & Mr. Joe and Harry Blow and Ms. & Ms. Ann and Sydney BestFriends.  It may not really be about gender, only, in the courts either.  I was a Mr. & Mrs., and prior to separation, we paid too, unaware of others’ trauma.

Any effort to reform it, should this be the goal, will have to address for whom this venue IS working just fine.  To track this, try some of my links, or do your own research.  I wouldn’t suggest calling all men bad (OR good) or all women, and the culture in general, a bunch of femininazi, male-bashing, sex-deprived (or sex-crazed, as case may be) misfits.  That’s generally speaking not helpful.  

What may be more helpful is to realize that large sectors of populace do actually believe those things.  Some of them say it with Ph.D. language (“fatherlessness” — a.k.a. single mothers, case in point — are to blame for society’s ills.).  Can you recognize the same talk, said in “expert” language and footnoted with a bunch of experts who believe the same thing?  Then you’re getting a handle on the picture.

NOTE on TONE:  “Related Blogs,” to left, some of them have a different tone than I want here.  But they ALSO still have facts (news reports, laws, cases, etc.) there too.  And they have a right to respond as expressively as they want to.  Many or all of the bloggers there typically, lost custody of children to a batterer or a child-moleester, and sometimes as a direct consequence for having reported it.  Some of them, as I heard, have been in jail for failing to be able, after that, come up with enough child support (we’re talking women).  Some of the women I’ve met recently have gone to international courts for safety, and they/we are also aware of other groups going to the same international courts for different purposes.  

So they have a right to be pissed off and say “forget you” or “I’m pissed off” or THIS (see image) is what I think of that group of demagogues.   The point of my blog is dialogue (hopefully) and taking a close look at the players who are laughing the way to the bank (metaphorically) while the cats and dogs are spitting, hissing, biting, and scratching in the dust.  I hope to keep the intensity level just enough to keep you (meaning “us”) VERY uncomfortable with inaction, but not so lit up that only discharging emotion action takes place.

Speaking up IS action, and particularly if one has been subject to violence already for doing so.   

Identifiable causes, and identifiable solutions exist to the problems of familycourtmatters.  These solutions are emotionally painful and would require some businesses that profit from our pain to find another source of referral, or another line of  work.  I suggest they be required to work with tangible production, who have manipulated people as if they were putty to accept the dysfunction — but let’s hope do not require bloodshed.  And bloodshed IS already happening as a direct consequence of the hostility, lack of personal restraint, and level of frustration (BUT, it’s still the lack of restraint, I say) that is stirred up in these venues.  So, see some of the “related blogs” to left.   These women have been at it longer than me, and they have done their homework and I believe lived it too.  I’m talking being stripped down naked when they went in for help.  The problem is international in scope.   

I was a hardworking (female, single mother) bloke, too, until I attempted to renew a standing domestic violence restraining order, simply in order to participate better in the “hard-working parent” part.  I held no personal animosity against my children’s father, I just was unreconciled to the battering, abuse thing.  Other than that, he was allowed to see his children quite frequently, just not continue to assault me, in front of them.  I’m no criminal, and wasn’t a bitter, etc., etc. Mom.  However, I had recently and VERY belatedly gotten some legal help setting boundaries, obviously an issue where there has been violence, and there was a major amount of cleanup and rebuilding.  I needed my personal space for sure. This is a little hard to establish when one’s partner is more focused on his “manhood” than your “person-hood.”    

Now I have been in the courts, shortly here, ALMOST as many years as I was in in-home, upfront abuse.  I think this perspective should be discussed.  I also want to speak to some of the noble people who have kept their noses clean by leaving justice to the experts, and mythically believing that, even if it DOESN’T happen, it’s not going to affect them personally.  

It already has.

BUT — can we talk, blog, comment, post links, favorite books, and simply converse, without the  skip the hate talk, pompous vague assertions, and ex-spurt** opinions, but

just see if (or is it \”whether\”)? there are still a few good men, women,

 – – and children (children can blog, right?) —  

who can  skillfully toss out some metaphors, paradigms, puns, and maybe whimsical analogies

for me (and y\’all) to juggle around, look at them from underneath,

see if they have some weight, or bounce, or whether they dissipate into thin air under

their own hot, gaseous contents.  This might even be fun.

 

Venom is not welcome.  Biting sarcasm is fine.  Insults too (it’s hard to be sarcastic without insulting SOMEone), but no threats, no advocacy to violence OR any illegal activity (I LIKE my blog, thank you!).  Name-calling should be fleeting, at least skillful, and only, if a tall, as a lead in to something worthwhile to say.  Remember, I moderate the comments.

Get personal — and speak for yourself:  I FEEL, I\’VE NOTICED,  I BELIEVE, but not personally nasty.  Don\’t behind behind the curtain of plurals, vague assertions that can\’t be disproved, pronounced with a finality.  This is not the place for the Wizard of Oz, but a bunch of Totos.  We will bark back and expose your backside.  Take credit for having a genuine personal experience apart from the gang you happen to belong to.  I\’ll do the same.   

**Ex-spurts are known by that action — spurting forth publications, opinions, pronouncements (DVDs, Conferences, and more).  Did a conference save a life?  Maybe.  I’m generally a little wary when the people pronouncing on families can afford the DVDs and conferences, and the subject families, after having been “fixed” by the same bunch, can’t.  Where’s the due process in THAT?

Forming organizations, alliances, and nonprofits to stop what the other nonprofits are doing wrong, or compensate for whatever government isn\’t doing to their pleasing.  

The real experts have had the experiences BEFORE they start publishing, promoting, and starting branches of study that didn\’t exist before a pet pre-occupation became a profession.  I\’d rather SEE an expert (at his or her work) than HEAR one any day.

And I do music. . . . . or Did.  My music survived only XX years parallel to lawsuits, accusations, family rifts, threats, stalking etc.  I’m here still at XX + about 2 years post-music, and still sweeping up.  Like any Mom who has better things to do with (what remains of) her time, and always did, I am interested in stopping the mess-making at its source.  

I plan to do plenty of spurting forth of words here — but unlike those in family court (I mean, the denizens, not the nomads passing through),

I am not trying to use these words to separate you from your children — or your money.  Just maybe some of your time.   I have no style sheet.  Remember the advice of Tim Ferriss — you can get ex-spurt status on any number of things in under 4 weeks — it\’s more a matter of credibility.    On the other hand, you can say the same thing for a decade or two,

I have no outline.  I simply intend to talk, promote my links and books, and see what\’s around the bend here.  Don\’t be too rigid except where it counts — (no, fellas, not that part!) — on civil rights.  On matters of law, and fair play.  And on the facts.  There are plenty of ways to skin a cat, but whose idea was that to start with?  

There are also many ways to abuse – – very few, that I\’ve found, to stop it  — but \”family court\” sure doesn\’t appear to be ONE of them.

Possibly removing the financial / emotional incentives for continued abuse.  

What do you say?

Please make fun of some euphemisms.  Speak in short words.  Or long words.  Just don\’t bore us with something we\’ve already been drenched in – – like \”alienation,\” or insult my intelligence by pronouncing a truth that is your personal truth only as if it were one of those universal ones, like (at least to date), water is essential to life.  Having two parents in the home, I\’m sorry to say, is not, not always.  I know plenty of very, very dysfunctional two-parent homes.  I came from one, and so did my erst-while, ex-cohabitant spouse.  I\’ll verify he\’s got some severe issues, and I\’ve read in my pleadings, this is also held to be true of me.  So, one exception disproves a universal rule, let\’s get (real).