The politicalization of domestic violence legislation can make anyone feel a little jaded about such a serious and pervasive issue. Fortunately, there are people who have not forgotten that domestic violence is still a societal ill, and who have dedicated their lives to actually helping victims of domestic violence. These individuals have created innovative methods of breaking the cycle of violence.

In recognizing these heroes, I'm not referring to those in Sacramento who churn out new laws like funnel cakes at the state fair. Most of these laws, passed by self-serving politicians, do nothing for victims of domestic violence, as they are redundant and often unenforceable. Nevertheless, these laws continue to pass because no one has the courage to call them what they really are; cheap badges of honor for politicians whose campaign M.O. is to be "tough on crime."

As a family law attorney, however, I have not lost sight of the fact that domestic violence still needs to be fought, as it is committed every minute of every day in this country. I also recognize that domestic violence victims need, more than anything, people who will protect them and assist them in getting out of dysfunctional relationships.

As Chairman of the Pasadena Bar Association, Family Law Section, I wanted to honor "Domestic Violence Awareness" month and recognize the real heroes in the fight against domestic violence. The goal was also to educate my section members of all of the great things that are being done on behalf of victims.

I invited guest speakers to our section meeting who are actually involved in the day-to-day effort to help domestic violence victims. The first speaker we were fortunate to hear from was Sara Rondon. Sara is the coordinator of the Domestic Violence Project, which is located on the first floor of the Pasadena Courthouse. The Domestic Violence Project is a program created and sponsored by the Los Angeles County Bar Association. Sara and her small staff are in the trenches every day assisting victims in preparing the requisite paperwork to obtain restraining orders. As you can imagine, they see the worst types of cases. Most victims do not understand the legal process and cannot afford legal representation. Thus, without the assistance of Sara and the Domestic Violence Project, these victims would be unable to proceed effectively through the legal process.

Although Sara's staff is quite small, there are a number of paralegals and attorneys who volunteer their time to work with the victims (during the past year one of the paralegals from my office served as a volunteer, which is how I came to meet Sara). An interesting point that Sara made during her presentation, is that studies show that the issuance of restraining orders significantly curtails repeat offenses. It would seem, consequently, that Sara's work is having a meaningful impact against domestic violence.

The second speaker at our section meeting was Trish Steele, who is the founder of "Safe Passage," a non-profit organization dedicated to assisting domestic violence victims. Trish's approach to rescuing domestic violence victims is very innovative, and it goes further than providing temporary shelter. Safe Passages has found a method to get victims back on their feet by giving them a complete "makeover." For example, Trish has recruited numerous doctors and dentists to volunteer their time to perform cosmetic surgery on the many victims who have suffered injuries to the facial area. With a little help from Trish's volunteers, these individuals are able to re-boost their confidence so that they can go out and market themselves for work.

As Trish points out, victims of domestic violence are frequently caught in a cycle of violence because they are financially unable to "get out" of their current circumstances. For this reason, Trish's approach addresses the physical, emotional as well as the financial aspects of rebuilding one's life after leaving an abusive relationship. Trish is constantly looking for professionals willing to volunteer their time and donate resources to victims of domestic violence.

As you can see, eliminating domestic violence requires the work of special people, who are the real heroes in the fight against domestic violence.

Written by: Donald P. Schweitzer

Posted by The Law Offices of Donald P. Schweitzer at 4:17 PM | Permalink | Comments (0)

*IF AUDIO STOPS PLEASE CLICK ON THE TIMELINE TO CORRECT THE ISSUE* On occasion California courts have to struggle with the issue of what constitutes income for the purpose of calculating child support. In a recent California decision entitled "Marriage of Rothrock," the court of appeal had to determine whether or not an uncharacterized personal injury settlement award that was paid into an annuity, constituted income for the purpose of calculating child support. In rendering its' decision, the court of appeal relied on the common law definition of income as well as a federal statute in determining that the monthly annuity did not constitute income. The court's use of the common law definition was somewhat new, in comparison to recent cases where the same issue presented itself. For a more detailed analysis of the court's decision, click onto the above presentation.

Posted by The Law Offices of Donald P. Schweitzer at 4:11 PM | Permalink | Comments (0)

The first step to understanding the process of obtaining a family law domestic violence restraining order is to understand that this process is quite different from the process involved when protective orders are automatically put into place by the courts in criminal matters.  In criminal matters, the police and the court are empowered to issue "automatic" temporary restraining orders. Evidentiary hearings are not conducted before these restraining orders are put into place.  Consequently, in criminal courts the protected party does not need to be a part of the process.  

 

In many instances, victims of domestic violence need to obtain a restraining order in family court, for example, where the criminal court restraining order is not adequate to deal with issues such as child support, spousal support, or custody and visitation.  In other instances, a victim of domestic violence may need the protection of the family court where criminal charges were not filed or have been dismissed. 

 

Unlike criminal matters, the protected party seeking a family law restraining order has to file his or her own papers, attend at least two hearings, and be able to conduct an evidentiary hearing.  In addition, the Petitioner in a family court restraining order matter is responsible for ensuring that the Respondent has been served prior to the hearing.

 

At the hearing, Petitioners seeking a family law restraining order must be able to present a case, and convince the judge by a preponderance of the evidence that domestic violence was committed.  Thus, a basic understanding of what constitutes domestic violence is essential.  In some instances, the matter does not qualify as a domestic violence case, because the parties do not have the right type of relationship.  Instead, the case may be filed as a "Civil Harassment" matter, which involves its own unique process and standard of proof. 

 

The hearing for a permanent restraining order is essentially a mini trial.  At the hearing, all of the rules of evidence apply, and both parties have the right to a meaningful opportunity to present evidence and cross examine witnesses.  Preparing for a family court restraining order hearing should include, composing direct and cross examination questions, and when possible, gathering of physical and demonstrative evidence.  In this high tech age that we live in, e-mail messages, voice messages, and surveillance video are frequently introduced into evidence to prove or disprove a case.  Police reports are also allowed into evidence as an exception to the hearsay rule.  Thus, litigants should attempt to obtain police reports, whenever possible, as they can be very persuasive to the judge. 
               
People within the legal profession recognize the serious consequences involved with the issuance of permanent restraining orders.  Given that restraining orders typically impose significant limitations on a party's liberty, and can affect a party's ability to find or maintain employment, these matters are being taken more seriously by the courts in recent years. Courts have become more skeptical of the requests that are made for restraining orders and hold the moving party to his or her burden.  Indeed, the days of family courts "rubber stamping" restraining orders appear to be coming to an end.  Consequently, it is incumbent upon any person who is faced with having to be a part of this process to do his or her homework before entering the courtroom.

Written by Donald P. Schweitzer

 

 

Posted by The Law Offices of Donald P. Schweitzer at 6:45 PM | Permalink | Comments (0)