Ron Supancic was interviewed for the San Fernando Valley Business Journal regarding California State’s new laws on CyberStalking and how these new laws will change family Law. Read the article here: 16-02-22 SFVBJ Ron Supancic
An Important California Family Law Update
Beyond brilliant! Amazing! That was my reaction to the presentation of the Honorable Thomas Trent Lewis at the 88th annual California Bar Convention in Anaheim. In his talk, “Domestic Violence in the New Era”, Judge Lewis introduced to California lawyers the idea of “coercive conduct” as an appropriate expansion of domestic violence and spousal abuse. He pointed out that Family Code section 6320 expands the definition of spousal abuse to include activity such as: stalking, digital harassment, and any other pattern of deliberate conduct intended to harm, frighten, irritate, or upset the intended victim of said abuse. Such conduct need not be recent or physical. All that is required is that as a result of the conduct, the victim is in reasonable fear of his or her safety, or the safety of an immediate family member. Contact is considered a credible threat if delivered by electronic means, such as cell phones, computers, video recorders, or fax machines. Under California Civil Code 1708.7 a perpetrator is potentially liable to the victim for general damages, special damages, and punitive damages.
This is a far cry from days of past, when you had to show police blood to get any relief at all. The law has made significant strides in the direction of reducing and eliminating spousal abuse in recent years. Judge Lewis admonished lawyers to download from the Internet the “Power and Control” wheel, which depicts the progressive stages of domestic violence that begin with coercive control, move into threats and intimidation, emotional and financial abuse, and ultimately ends with physical violence that can result in death. Enactment of the federal Violence Against Women Act makes clear this is an issue of national concern rising above mere local interests. Under current law, the occurrence of domestic violence and spousal abuse now has far reaching consequences including competency for co-parenting and liability for expanded support obligations for both the other party and the minor children.
It is more important than ever for lawyers to become familiar with the differences in the levels of domestic violence and spousal abuse in their cases. It has been the case for some time that abuse of a parent in the presence of a minor constitutes child abuse, per se. Most parents in high-conflict divorces are all too often oblivious to the irreparable harm caused to their children by their unconscionable behaviors.
Huge kudos to Judge Lewis for this brilliant and timely presentation.
Warm Regards,
Ronald M. Supancic, CFLS
The Law Collaborative, APC
e: info@thelawcollaborative.com
t: 818-348-6700
f: 818-348-0961
The Ray Rice Effect
My Legal Assistant and newly certified Family Law Paralegal, Courtney M. Howard, took a 40-hour domestic violence training earlier this year to become a certified advocate. In recognition of Domestic Violence Awareness Month, she felt this was a particularly poignant time for our firm to speak out on the current events surrounding this topic. In the article below, she examines The Ray Rice Effect, particularly how easy it is for us to re-victimize survivors by blaming them instead of the perpetrators and thereby perpetuating the cycle of violence. –Ronald M. Supancic, CFLS
By now, most of us know of the elevator incident in which the Baltimore Ravens’ Ray Rice knocked out his fiancé, Janay Palmer. While the incident occurred in February, it did not become big news until the video from inside the elevator emerged in recent weeks and horrified the nation. Unfortunately, the lack of social understanding of domestic violence has led many to blame Palmer for the incident. She has received further criticism for having married Rice, the father of her two-year-old daughter, one month after the incident (and the day after he was indicted on criminal charges, which were later dropped). In a press conference, Palmer even apologized for her role in the incident.
Though some have taken this opportunity to inform the public on the issue of domestic violence, others have wrongly heaped shame and blame on Palmer. This puts the negative focus on the victim instead of the perpetrator, and is one of the many reasons domestic violence victims are hesitant to report abuse. This is likely one of the reasons Palmer felt the need to apologize for the incident, which only led to further criticism from the media.
Despite common beliefs, the typical perpetrator of domestic violence is not a sick sociopath. These beliefs allow people to distance themselves from the idea of domestic violence but, in reality, perpetrators are seemingly normal and often so intelligent and manipulative that they are easily able to fool society. This is why anger management rarely works as a treatment, though it is often used by the court system. Batterers are people who purposely use power/control in their relationship. They do not necessarily have anger issues.
Obtaining a Domestic Violence Restraining Order does not require a court fee, but you must be able to prove abuse or imminent threat in a domestic violence situation. Whether survivors are issued an order or not, it is imperative that they come up with a safety plan.
While restraining orders hardly guarantee survivors their safety, there are many reasons why they are still beneficial. Some abusers are afraid of the law, so a restraining order will be very effective. For other abusers, it might have the opposite effect. It is ultimately up to the discretion of the individual whether or not to seek a restraining order. At the very least, obtaining one will leave a paper trail that can come in handy should the survivor wish to pursue a case in the future.
It is not a surprise that Palmer has stayed with Rice. It is not a surprise that she has repeatedly defended him. It is not a surprise that she has taken on the blame for a violent episode that was in no way her fault. It is important, however, to understand the cycle of violence and that her actions are the result of the increasing psychological hold Rice has had on her since they began dating in 2008. It is important to realize that, whatever happened prior to the altercation in the elevator, she did not bring the violence on herself. It is important to realize that this is not an incident far removed from our lives but, rather, we all know a Janay Palmer. We just might not be aware of it.
***If you or anyone you know is suffering from domestic violence, please be aware that there is help available. If you need immediate attention, please call the Haven Hills crisis line, available 24 hours a day/7 days a week, at (818) 887-6589. For those living outside of Los Angeles, CA, call 1-800-799-SAFE (7233) for a domestic violence program near you.***
Sincerely,
Courtney M. Howard, Paralegal
The Law Collaborative, APC
(: (818) 348-6700 F: (818) 348-0961
Helene Antel, Lawyer and Peacemaker – P.3
In last week’s episode of Ron and Robert on Divorce, we heard the story of Helene Antel, a successful, powerful, ferocious district attorney who was the victim of domestic violence. It took her years, but she finally learned how to follow the very advice she routinely gave her clients. Once she learned how to do that, she was able to begin building a life of freedom for herself and her child. When asked what the turning point was that allowed her to start taking her own advice, she says it was when she achieved ambivalence.
Now, she finds herself moving away from litigated court cases because she doesn’t want to make war anymore. She wants to make peace. In her words:
“Violence only breeds violence. Respectful communication breeds solutions. You can get a resolution without all the hate, the fighting and the misery. It takes less time, and it takes a far less egregious toll on the participants.”
Listen now to part 3 of this fascinating series:
Missed the first two? Listen to Part 1 HERE and Part 2 HERE.
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Helene Antel, Lawyer and Peacemaker – P.2
“All of a sudden, I changed from being the helplessly in love abused woman to the former district attorney. I looked at him and I said, ‘I’ve prosecuted guys like you. I know where this goes and it doesn’t get better. So this is the first and only time you are ever going to do this to me.’ Then I walked to the phone and I called 9-1-1.”
Helene Antel was a district attorney prosecutor and a ferocious advocate for her clients. But at home, she was someone else entirely. Listen to Part 2 of this electrifying story of a powerful, educated, skilled district attorney criminal prosecutor and how she survived and overcame her abusive marriage.
Did you miss the first part? Check it out HERE.
Subscribe to Ron and Robert on Divorce on iTunes and download free podcasts every week.
Psycho Ex-Wife Has A Selfish Ex-Husband
It’s all over the blogosphere: Divorcé Anthony Morelli, author of the blog “Psycho Ex-Wife” was ordered by a judge in the Bucks County family court to take down his site, citing the emotional damage the blog could cause to Morelli’s minor children.
Morelli insists that his blog serves as therapeutic catharsis rather than vindictive crusade.
“I tried to provide a forum, where, through [the] collective experiences [of my readers], we could help minimize the conflict in our lives, and choose better ways to deal with our high-conflict ex-spouses–be they men or women,” he said.*
Though he complied with the court order and removed the site, Morelli has filed an appeal. This is, in my opinion, a classic example of a parent putting their own interests before that of their child. Supporters say that Morelli is practicing free speech, but it doesn’t count as free speech when it’s child abuse. Which, in my opinion, it is. That may sound harsh to you, but then I suspect you’ve never known the child of a divorce where one party or both routinely said terrible things about the other parent in the child’s presence.
I believe that if Morelli wants therapeutic catharsis, he should hire a therapist. When you speak badly of your ex, you speak badly of your child. When you post cruel words online about your ex, you are posting cruel words about your child. No matter whether or not the things you say or write are true in your mind, it’s child abuse. Your children are half you, half your spouse. You think your kid is smart enough and mature enough to handle hearing the “truth” about their other parent? You’re wrong. They’re a kid. Let them be a kid. Read the 11 Inalienable Rights of Children. Print it out and tape it to your bathroom mirror where you’ll see it every day. Protect your child from wagging tongues – including your own.
*Article cited: The Psycho Ex-Wife: Free Speech Fight Over Divorce Blog.
Murder Mom
Photo from http://today.msnbc.msn.com/.
There is outrage over a current custody dispute in Seattle, involving Kristine Cushing, Trisha Conlon, and John P. Cushing Jr. 20 years ago, Kristine shot and killed her and John’s daughters, and is now permitted to live with his and Trisha’s sons as their stepmother.
Kristine, John’s first wife, was confined to a mental institution for four years after murdering their children, and was monitored for a decade. Once she was released, John divorced his second wife, Trisha, and resumed relations with Kristine. They have since remarried, and John and Kristine have won custody of the new sons. Do you think she should have access to more children?
For past articles about Kristine Cushing, click here. For new material regarding this topic, click here or here.
Bookmark This
This is a service offered in Los Angeles that you don’t want to miss:
From their website:
211 LA County is a private, nonprofit 501(c)(3) organization, formerly known as INFO LINE of Los Angeles. It is the largest information and referral (I&R) service in the nation, helping approximately 500,000 individuals and families in Los Angeles County each year, and is recognized nationally, throughout the state, and in Canada for its leadership in the field. Since 1981, 211 LA County has provided free, confidential services 24 hours a day, 7 days a week in English, Spanish and more than 140 other languages via a tele-interpreting service. Services are also provided for individuals with hearing impairments.
Our service functions as a gateway to the county’s vast and complex social service delivery system. 211 LA County links ALL Los Angeles County residents to services that strengthen families and improve their economic success; equips them to prepare their children for school; helps them find and keep jobs with opportunities for advancement; helps them identify and gain access to public benefits and subsidies; and increases their access to quality health care. Professional community resource advisors help callers with critical issues such as health care and substance abuse, domestic violence, shelter, food, legal and financial assistance, programs for children and seniors and different types of mental health services. Our community resource database contains information on over 49,000 programs and services and is continuously being updated to ensure that we provide the most current and accurate information possible.
If you need their services but haven’t yet reached out to them, don’t wait. Dial 2-1-1 and call now.
What Does Assembly Bill 939 Mean For You? (Part 2)
Assembly Bill 939 lays out major changes to California family law, including changes to the laws surrounding child testimony. While it’s important to acknowledge the positive effects some of these new laws will surely have, Ron and Robert are left wondering whether anyone has considered the children. What’s going to happen to children who are called to testify against a parent in a divorce case? How do we know children won’t lie to protect one parent over the other? What about the trauma caused to children who are forced to choose between parents? How will these new laws affect today’s children later in life?
These are just some of the questions raised in today’s episode of Ron and Robert on Divorce. Listen now and tell us what you think.
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Missed Part 1? Click here to listen to it now.
What Does Assembly Bill 939 Mean for You?
Family Law touches the innermost aspects of a Californian’s life. It determines how often a parent will see his or her child, how much support they will receive, how they’ll be protected from domestic violence, and more. Last month the governor signed Assembly Bill 939 and as a result, we’re looking at profound changes to the legislature after the first of the year. These changes will significantly impact members of the family law bar, the bench, and the public. Listen now as Ron and Robert talk about what this important bill means for you.
To download a PDF of Assembly Bill 939, click the following link: Assembly_Bill_939
Like what you heard? Subscribe to Ron and Robert on Divorce on iTunes.
