Articles Posted in Domestic Violence

Peter Robbins, voice of the beloved Peanuts character Charlie Brown, was arrested on Sunday, January 20th, on charges of making criminal threats and stalking. Robbins was the voice of Charlie Brown in both “A Charlie Brown Christmas” and “It’s a Great Pumpkin Charlie Brown” television specials.

ABCNews.com reported that, while the details of the arrest warrant were not immediately available, the charges related to Robbins stalking his ex-girlfriend and making criminal threats against a plastic surgeon.

nbcsandiego.com reported that it all started with a breast enhancement performed on Robbins’ former girlfriend, Shawna Kern, by La Jolla plastic surgeon Lori Saltz. Apparently Robbins and Kern were a couple at the time the procedure was performed, but broke up sometime thereafter. After the couple split, Robbins allegedly demanded his money back from Saltz, stalking her and threatening her life if she did not refund the money.

In San Diego, domestic violence can have a tremendous impact in divorce proceedings, especially in cases involving spousal support. As we have previously blogged, spousal support can be classified as “temporary” or “permanent.” Two different standards are used to determine support based on its duration. Temporary support is usually determined using the guideline spousal support formula and permanent support takes into consideration the Family Code section 4320 factors. The role domestic violence plays in an award of spousal support is dependent on the type of support.

Temporary Spousal Support: In an award of temporary spousal support, the Family Code section 4320 factors are normally not controlling. However, there is one statutory exception to this rule. The trial court must consider 4320(i) in setting temporary spousal support. Section 4320(i) states that the court must consider, “documented evidence of any history of domestic violence, as defined in Section 6211, between the parties, including, but not limited to, consideration of emotional distress resulting from domestic violence perpetrated against the supported party by the supporting party, and consideration of any history of violence against the supporting party by the supported party.” Despite this clear exception, the code is ambiguous as to the terms “domestic violence” and “documented evidence.” Due to public policy concerns against requiring a victim of violence to provide financial support to his or her abuser, the court will consider violence amongst the parties even when making a temporary order.

Permanent Spousal Support: Like in a temporary spousal support situation, the Court must consider the 4320 factors in deciding the issue of permanent spousal support. Also like in a temporary spousal support situation, the court must consider any documented evidence of a history of domestic violence.

Twenty-two year old Sophia Ortiz obtained a temporary restraining order issued to protect her from the father of her children Julio Martinez. The couple’s two young children are only ages one and two. After the restraining order was issued, Martinez blatantly disobeyed it by appearing at Ortiz’s apartment twice. Each time Ortiz called the local police and by the time they arrived Martinez had fled the scene. The police continued to search for Martinez while he made his way back to the apartment and succeeded in breaking in.According to authorities, upon entry into the apartment, Martinez brutally murdered Ortiz in the presence of his two children. When the police arrived back at the apartment, they discovered Ortiz in the bedroom with a carving knife still in her back; she died during surgery early the next day. The children were physically unharmed and Martinez was apprehended. He is currently being held on one million dollars bail.

Many are outraged by the lack of protection provided to Ortiz by the judicial process, especially the temporary restraining order (TRO). Unfortunately approximately 11% homicides committed throughout the United States between 1979 and 2002 were attributable to domestic violence. Considering this statistic, it is estimated that 3,300 children lose a parent every year to domestic violence related homicides in the United States. However, it is important to note that the TRO was never served on Martinez. Any relationship involving domestic violence can be dangerous for both parties at all times, particularly when the victim attempts to end the relationship and leave his or her abuser. A TRO can provide the victim with the power to have his or her abuser arrested if they violate the stipulations of the order.

In San Diego, an estimated one out of every four children, like Ortiz’s children, is directly exposed to domestic violence either has a victim or a witness. Regardless of whether a child is physically abused, domestic violence will have an enormous impact in many other areas of his or her life. According to the American Psychiatric Association, children merely exposed to domestic violence are at risk for a variety of developmental problems, difficulty in school, aggressive behavior problems, psychiatric disorders, and low self-confidence. In addition to behavioral, developmental, and social consequences to children, children who witness domestic violence may have a resulting impaired educational attainment.
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The overnight hit television show Glee has become extremely popular with its teenage audience. The show follows a group of fictional high school students as journey through their teenage years. One of the show’s attractions is its many singing and dancing numbers performed by the students for their glee class. Glee’s most recent episode entitled “Choke” featured a more serious topic, domestic violence. Harsh criticism has followed the show’s depiction of this important cause, one critic stated “Choke is a morally reprehensible hour of television, one from which the show many never fully recover.” The most common complaint from viewers and supporters of the fight against domestic violence is that the show gave the topic an “insultingly short shrift”.

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One key aspect of a domestic violence relationship is the cycle of power and control. San Diego community service programs such as the San Diego Family Justice Center recognize this cycle of abuse and help victims break through the destructive pattern. One method of control often utilized particularly by domestic violence abusers in San Diego is immigration status. San Diego’s location so close to the Mexican-American border is an ideal place for many Mexican immigrants. Further, some immigrants are native Spanish speakers and are unable or struggle to understand and/or speak English. Many abusers exploit this language barrier as a tool to maintain control over their partners. Because immigrants fear deportation and are uninformed regarding various United States’ laws and regulations in place to protect them, they feel trapped and continue to remain in abusive relationships.Domestic violence abusers use one or a variety of methods to use immigration status as a tool to manipulate and control their victims. First, the batterer may promise to file papers to legalize the immigration status of his or her victim. Once the victim believes he or she may have a chance to become a legal citizen, the batterer may fail to file, withdraw or threaten to withdraw the necessary paperwork. The victim’s immigration status becomes a weapon used against him or her. Congress passed the Violence Against Women Act (VAWA) in order to help domestic violence victims through this form of abuse by providing them with a method of gaining citizenship independent of their abuser. Although the act is entitled the Violence Against Women Act, men may also apply for relief under VAWA provided they satisfy the eligibility requirements. Under the act, a victim may apply for permanent-resident status and neutralize the fear of deportation.
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We have blogged several times about the potential problems that Facebook and other social media sites can have on a divorce. The same potential for problems also applies to the text messages you send. Although it is sometimes difficult to get text messages into evidence (meaning properly in front of a judge), once the text message is in evidence, it could change the outcome of your case!Unlike Facebook and other social media posts, text messages cannot be deleted or recalled. Any text that you send to your spouse, or even to a third party, can end up being used against you in a divorce. With phones now having up to 64 gigabytes of storage, or more, texts from many years ago could end up being presented as evidence to the judge in your divorce case.

• If you threaten to harm your spouse in a text, that may be the basis for a restraining order, or even criminal prosecution.

• If you call your spouse names in texts, the judge could end up with an unfavorable opinion of you.

• If you say one thing in your declaration (such as, “I do not use drugs”) and text something contrary to your spouse or a third party (such as, “I can’t believe how stoned I was at the party”), you will ruin your credibility with the judge.

In a recent story on NPR, Ken Altshuler, president of the American Academy of Matrimonial Lawyers, provided the following tips for keeping your texts out of court, upon which I elaborate:

• Do not text your spouse anything that you would not want a judge to see. This also applies to Facebook and other social media posts, messages or comments, emails, and even voice mail messages. It is always best to assume that any text, anything you write or any voice message you leave for your spouse will end up in front of your judge. Some examples of what not to post, blog or text about can be found here.

• If your spouse or former spouse sends you an inappropriate text, do not respond in kind because a judge will see that. The judge usually does not care who started an inappropriate exchange because the exchange is usually just a small part of the bigger picture. In one of my cases after reviewing hateful emails back and forth between the parties, the judge (slightly misquoting Mercutio’s famous line from Shakespeare’s Romeo and Julie), said “A pox on both your houses.” When the other party blurted out, “She started it!” the judge replied, “Sir, two wrongs do not make a right – and your emails back to here were totally inappropriate, no matter who started it.”

• Do not send messages that set your spouse up for an inappropriate or angry response. On the other hand, some Judges will look into who started it. You do not want your judge to find that you were the party that started it, or someone who is baiting the other side. This could ruin your credibility with the judge for the rest of your case.

• If you are worked up and want to send your spouse a message, take time to calm down before putting anything in writing. Again, if it is in writing, you must assume that your judge will eventually read it. If you are unsure about a written response to your spouse, send it to your attorney for review before sending it to your spouse.

Always remember, do not text anything to anyone that you would want the family law judge in your case to see or read.
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