HOMELESS IN THE DEAD OF WINTER - A first person account by Valerie D Nixon

Each deep breath I took was painful, burning my lungs with the bitter cold. I would breath shallow, panting like an animal just to exhale into my blanket, trying to warm the air before I sucked it back up into my lungs. Many days I just wanted to quit trying, to give up. I would dream of how my body would be found, blue, stiff, covered in snow, another nameless woman found dead in the spring thaw just off a high country logging road, in the vast Stanislaus forest.

The nearly 3 years I spent homeless had been both the worst years of my life, and the best. A statement like that requires a detailed explanation, as instantly one would think that I was a drug addict, alcoholic and/or mentally ill to end up homeless by my mid 40‘s. Actually, none of those could describe my fall from working middle class to one of the Shadow People, homeless and destitute, living in my beat-up car. Nothing could be farther from the truth, nothing could have prepared me for where I would end up and the betrayal of those who were responsible.

In 1998 I bought a lovely 4 bedroom home in Discovery Bay, a wonderful family community in the heart of the Delta region, found between SF Bay Area to the west and the San Joaquin central valley to the east. It always seemed to be sunny and warm in Discovery Bay, where clear blue skies and sea gulls fly freely overhead. The only sound that travels on the average weekday is the laughter of children playing in the school yard a few blocks from my home. 3 of my 4 children lived there with me after I filed for divorce from my husband of 11 years. We all attended school, my children went to the local elementary and jr high schools and I traveled to Pittsburg to attend Los Medanos Community college. I had hoped to get an AA degree, or at least to sharpen my trade skills in order to support my children after my almost 15 year career in the Construction field ended with a job related accident in 1995.

Something so idyllic can’t last for long when you are dealing with domestic violence. I found myself on the losing end of the divorce, all that had not been fought over was the custody of the children until he discovered that the children were the only things I cared about. By 2001, my home was in foreclosure due to the financial strain of trying to work, attend school and protect myself and my children. One thing that is not understood by most people is that domestic violence doesn’t end with the filing of divorce, but actually is known to increase in intensity for some of the worst cases. I knew that losing my home would not be enough for my ex husband as he then filed for sole custody of our children in the Marin family court.

It was terrifying to know that lying and perjury would never be prosecuted in this courthouse and whomever won their case was the one person who was willing to do the most damage to the children. I was told that I had failed to protect my children from our abuser, their father, and I faced losing custody to the state if I didn’t take immediate action. I entered a DV shelter and filed the appropriate legal paperwork. The children and I were subsequently moved into another, more secure shelter when my ex-husband hired someone to locate the shelter we were in and threatened my life. I notified the DA’s office that we had to be moved and why. I called the family court services dept, Judge John Sutro Jr and our assigned mediator Mamie Walters, leaving messages asking what my legal position was if I could not protect myself and attend my scheduled custody hearing. I asked for help and protection as well as a continuance of the hearing. I waited for a response and registered the kids in school and attended all the required meetings in order to legally receive DV services through the shelter.

I was arrested after my ex-husband Patrick Karinen, his attorney Jan Eric Bolt and Judge John A Sutro, Jr met behind closed doors in an illegal exparte hearing to change custody over to Mr. Karinen. To give the appearance of this exparte hearing being legal, it was noted on the court forms that I attended the hearing in a phone conference. Nothing could be further from the truth, but that didn’t prevent Marin DA agent Patricia Stafford from filing a court order for my arrest based on this fraudulent custody order.

Kidnapping. Bail standard for a charge of kidnapping by a stranger would be $50,000. For a parent who is being charged with custodial interference, standards run from $10,000 to 50,000 depending on whether there is a history of criminal activity by the defendant. Bail for a protective mother who entered a domestic violence shelter on the advice of the DA’s office was set at $500,000.00. To change a set bail amount, the judge would need to have a representative attorney for the accused at the hearing… except apparently in Marin County where state and federal rules don’t necessarily apply.

I spent the following 6 years living on the edge of homelessness, often off the mercy and kindness of friends, sleeping in my car, begging for work and crying over not being allowed to parent my children. I motioned the court for discovery and attorney fees to help my case and was denied each time. I suffer from chronic hepatitis, presumably contracted from the less than sanitary conditions found in the Marin County jail where I was held for 4 months before pleading guilty to a crime I didn’t commit. I suffer from severe physical and emotional issues and am now under both medical and psychiatric care for PTSD and the brain chemical changes that happen when faced with years and years of unrelenting trauma. I fear homelessness again, as Marin County has threatened to issue a warrant for my arrest for failing to pay child support for the children I wasn’t allowed to see, based on the fraudulently obtained order and the never legal custody order. It is shameful and embarrassing to admit that homelessness again may be my only option so that I can use the housing money for another attorney to fight yet another losing case in front of the same unethical judges.

It is now January 2007, again one of the coldest winters on record. Today, as I passed by the homeless men sitting outside Wal-Mart, struggling to look them in the eye, I faced them and said hello, how are you today? I passed out some fleece scarves I made. Most don’t ask for money or food, they merely express surprise at the unexpected attention and respond with a reluctant “fine, I’m fine, thank you for asking”. It is hard to imagine these were family men, members of loving families, fathers, brothers and sons. I wonder what led them to this spot in life and if there are circumstances beyond their control which keep them here.

I promised that I would clarify why this time in my life could also be the best, and I must say that I am comforted in knowing that I was not one of the judges or lawyers that proved to be unethical and immoral. At least I can sleep at night knowing that much, for whatever it’s worth, that is important to me.

Email: Justonemom@gmail.com
Blog: http://truthinscotsthistle.blogspot.com/

Perjury: a very serious crime?

Perjury is the act of lying or making verifiably false statements on a material matter under oath in a court of law or in a sworn written statement. For the court’s credibility, testimony must be relied on as being truthful, anything less could result in a miscarriage of justice. The general perjury statute in the U.S. under Federal law provides for a prison sentence of up to five years, and is found at 18 U.S.C. § 1621. (See also 28 U.S.C. § 1746.)
To be convicted of perjury there has to be intent to commit the act, and to have actually committed the act of lying under oath. Perjury rules also apply when a person has made a statement under penalty of perjury, such as in filing a false tax return or filing false affidavits in a family court hearing. These laws are to ensure that only *justice* is the court’s goal. Without expecting the truth how could any court of law determine justice?

Legislature created laws to protect all citizens against particular types of misconduct, yet it is within the discretion of the District Attorneys office whether or not to charge an individual with a crime of perjury. It is the responsibility of the DAs office to aggressively pursue prosecution of our laws, but not at the sacrifice of truth and justice. This is usually how it works in criminal court but there are courtrooms where truth is not demanded or even expected. It has become a common practice, the silent collusion to accept unenforced laws that violate civil, criminal and constitutional laws against certain segments of the population.

Exceptions to the perjury laws can be found in family courtrooms everyday, all across our country. Often judges, prosecutors and lawyers can barely contain their laughter, judges can be seen snickering from the bench as they listen to blatant lies by attorneys, questionable statements made under oath, and read written declarations of multiple scenarios each signed under penalty of perjury, all to explain away any charge of domestic violence, child sexual abuse or family terrorism. This cavalier attitude towards enforcement of our laws often has deadly consequences to abused women and children. By watching the criminal trials of OJ Simpson and Scott Peterson, viewers got a small sample of what goes on in family courts across our country every day. Attorneys offered up bizarre scenarios of satanic devil worshipers who kidnapped Laci Peterson to sacrifice her unborn child and in the Brown-Simpson case, International drug dealers wanted to “send a message” to uninvolved parties that they want to be paid were ridiculous and quickly dismissed in criminal court. Yet these same tactics are being used in family courts against protective parents, often with the full knowledge of the judiciary. Willful blindness is no excuse for failing to protect and serve all the citizens, and to expect truth and justice in the courtroom.

The burden of proof for a family abuse victim is so difficult, that in many cases only DNA, multiple eye witnesses and/or a video tape will be considered substantiation. Often, even with this evidence the perpetrator is not prosecuted. The family abuser can then turn it around in family court and state that abuse was not proven to exacting measures, therefore it is proof that he/she is innocent of any abuse. (Abuser now screams about “parental alienation” and a demand for a change of child custody) Multiple police reports substantiated Nicole Brown’s claims of DV abuse and Laci Peterson might have been a silent victim of DV, failing to file police reports, yet that didn’t stop her murderer from mounting a defense of the caliber that usually only presents itself within the family court during custody hearings.

In criminal courtroom, only the likelihood that the violence took place would be enough to send the accused to prison, but in family court the accused abuser is more likely to obtain sole custody of the minor children while the protective parent faces years in prison and the possibility of never seeing the children again for failing to provide the hard evidence to prove abuse beyond a shadow of a doubt. The difference is the fact that DV is perpetrated against an intimate partner, spouse, child, “familial” versus stranger or non relatives. The aggressive action taken by the DA to protect the public-at-large is not usually offered with the same enthusiasm within the context of family violence or incest abuse. It is glossed over and excused as a family matter, emotionally driven, not quite as important and kept in the family courts. The reasons for keeping it a family matter is given as being “understandable” that one party would lie, falsify documents and commit perjury. Therefore the laws are not enforced, and the mocking laughter rings loudly in the ears of victims who no longer believe that truth and justice are available to them.

Perhaps there are supporters of family courts remaining as status quo and have no desire to see these illegal practices changed? It is possible that these individuals may benefit financially from the crimes and exposure of their involvement may bring well deserved prosecution to them, as well as those who originally committed perjury.

More information?
http://truthinscotsthistle.blogspot.com/
Email Valerie at: Justonemom@gmail.com

Judges refuse to show up to public hearing discussing court problems and abuses

It has been said that Marin Court critics undermine confidence in the judiciary process, but the truth is that corrupt practices by the judges and DA is what undermines the publics trust in them.

For many years Marin County judges have refused to address problems parents have faced in the family court, showing their ongoing bias and arrogant disregard for the law and Constitutional Rights. Victims of these judicial abuses are not going to be silenced. Failing to show up to hear what the public and professionals have to say about it, is just another example of the ongoing presumption that they can get away with any behavior they so chose, even if it is illegal. Valerie

Marin Independent Journal article of Sept 29, 2006
http://www.marinij.com/marin/ci_4416713


Judges, court officials skip forum
Nancy Isles Nation

Founders of a nonprofit organization determined to bring accountability to the Marin courts want judicial officials to pay attention to concerns of the public - even if they choose not to participate in public forums.

At a meeting Wednesday, a panel of legal experts assembled by the Center for Judicial Excellence discussed the county courts and what residents can do to assure fair treatment in the legal system.

An audience of about 150 learned that judges and court personnel invited to attend the forum chose not to - and panelists noted their absence.

"I would imagine they are going to hear about it," said Alameda Superior Court Judge Kevin Murphy of Mill Valley. "They are going to be aware of it. The fact that you are talking about it if it doesn't get their attention, they will hear about it."

Panelist Victoria Henley, director of the California Commission on Judicial Excellence, said judicial officers often have concerns about making comments in public.

"The judicial code prevents judges from being involved with public clamor," Henley said. "Collaboration is a very recent phenomenon."

Collaboration is just what the Center for Judicial Excellence has in mind. The recently formed organization has gathered public documents, including a 2002 audit of the Marin Superior Court that included critical observations about its operations.

Questions from the audience included one on a sensitive subject in Marin -a concern that judges favor men in child custody cases even if the wife asserts that her husband is a batterer. Fairfax Town Councilwoman Mary Ann Maggiore submitted a question on the topic.

Judge Murphy said that in Alameda County, batterers do not receive favorable treatment and that prosecutors and judges take domestic violence seriously.

Panelist Barbara Kauffman, a Marin family-law attorney, asserted that is not the case in Marin.

"In the family law system, it's not treated as a crime, it's treated as a family matter," Kauffman said, adding that advisers routinely order joint custody to batterers. "It's a problem in Marin, I have to say."

Kauffman suggested that anyone entering the family-law court with claims of domestic violence seek assistance from advocacy groups such as Marin Abused Women's Services.

Kauffman also suggested that litigants look into public disclosures by judges so they know which lawyers have contributed to their election campaigns and where they have financial interests.

Henley was asked whether the California Commission on Judicial Excellence had disciplined a Marin judge - but said she could not say whether any had been sanctioned privately.

"I am not aware of any public discipline in the last 10 years," Henley added.

Contact Nancy Isles Nation via e-mail at civiccenter@neteze.com

Tips and Pointers for moms who may face incarceration

I am offering some practical advice for any mom who may be worried about arrest. I believe that many more protective moms will be jailed before these injustices are stopped. What I can do is tell you what I learned when I was jailed in Nov. 2001 and it is best to be prepared way ahead of time. Be fearless and get these things ready before going to court...

Clip nails and shave underarms and legs if necessary since they won't allow you to have clippers in jail.

Need a haircut and conditioner for your hair? Do it now.

If you can get some cash for your purse, do so and then have them add some of it to your account so you can buy commissary items. Leave enough in coins and bills in your purse for phone calls and taxi if needed when they let you out as it may be very
late at night.

Be aware that it is a common practice to let women out on the streets in a rundown downtown area between 2-4am, supposedly that is a low impact time on the jail staff, but to me it seems set up to cover up.

Empty purse of anything that is not essential since they will look at everything.

Bring a list of names, addresses and phone numbers to add to your approved contact/visitor list and make sure they are included otherwise you may be denied contact with the outside. Tell supporters that you will have to make collect calls and approximately when to expect them.

Immediately ask supporters to contact the jail about visits and getting mail to you,
get your jail ID number and then have them post online so we can inundate the jail with mail supporting you.

Bring bottles with meds so you can show jail medical personnel and they have to aid you in keeping up with your prescriptions, otherwise note it to bring up in court later as a violation of your rights.

Have a bra with underwires? Remove them or else your bra will be taken away.

It is illegal to require you to submit to a cavity search so if they try to do it to you, call them on it. The law says they can only do it if they suspect you of having drugs or weapons up your vagina or butt, and only if it ties in with your charges. The matron will back off if you explain why you are being arrested, and ask her to look at the paperwork to verify. It is usually done to humiliate you to the extent that they want to make you feel powerless and inhuman.

Smile for the camera and ask that they take your mug shot before you have to shower otherwise they will want to take your pic while your hair is a wet mess for the same dehumanizing reasons. They will also try to give you clothing that is 3X too big or small. Same reasons.

Remember that most of the women in jail are basically good people who made mistakes. They are not the enemy and are going thru tuff times too, so don't take anything personal that may be said. Most will be friendly especially when they find out why you are in jail. Offer them help if they have custody problems and be sensitive to their own charges, many are there because they are involved in drugs and may have lost their children due to that. Allow them to feel that you are on the same level as they are, and not special since you didn't have to commit a crime to have been arrested. Mainly they just want to feel that they are victims of circumstances that got out of control too.

It is not like in the movies and lesbians know who the other lesbians are and they are not going to attack a straight woman and force her to have sex. Mostly they are friendly and stick together, minding their own business.

Clicks form just like in High School. The new people are constantly changing so you will have no problem finding a place to sit or someone to sit with. You will be able to tell the long term incarcerated women because they have a set routine and stick to their own small group, usually they have jobs as trustees.

Eat some food otherwise you will be isolated in a cell and then forced to eat. I was told that if you have allergies or dietary restrictions you can ask and receive special meals. Most jail food is not great and sort of like what you received in the elementary school cafeteria- bologne, fresh fruit, milk, corn bread and beans etc. Salads are rare. Usually as a new inmate you will be invited to sit with other women who will be happy to take your extra food since many druggies are starving and can't eat enough. Don't let the deputies see you giving away the food, make it look as tho you are eating no matter what.

Be kind to the staff and they will be kind to you, with very few exceptions.

If there is any support group, join it. Allies will be found in the church groups and parenting classes, valuable allies mostly being the instructors and ministers that come in from the outside.

Jail is not going to be fun, but they will not harm you either. It is mostly boring and then there are moments that you will face some sort of humiliating acts such as late night police training raids where they force you out of bed and tear up your
cell looking for drugs and weapons, and at that time they will look at all of your court papers to see what you are working on, and in some mothers' cases, they have taken the paperwork as "contraband", which means that they are worried about it being used against the court. Make sure there are copies available to be delivered to you.

Complaining to the judge won't get you anywhere as I believe they encourage or order these thefts.

Marin County, CA Superior Court corruption investigation

Target: Alberto Gonzales, US Attorney General, U.S. Department of Justice

This petition is to request a special investigation by Attorney General Alberto Gonzales into the ongoing corruption in Marin County, CA superior court.

US AG Special Litigation Section has authority to investigate state and local law enforcement agencies and is authorized to take action if there is a pattern or practice of illegal conduct.

CONSPIRACY AGAINST RIGHTS
Section 241 of Title 18 is the civil rights conspiracy statute.

DEPRIVATION OF RIGHTS UNDER COLOR OF LAW
Section 242 of Title 18 makes it a crime for a person acting under color of any law to willfully deprive a person of a right or privilege protected by the Constitution or laws of the United States

In July 2005 California AG Bill Lockyer’s released findings by his Domestic Violence Task Force that determined the criminal justice system is failing to enforce DV laws.

1) Marin County, CA judges have a long history of denying orders of protection for victims of DV and child abuse, routine denial of all evidence and witnesses when the accused party fails to show up for the restraining order hearing. In cases involving child custody and domestic violence, sole custody or unsupervised visitation have been given to the perpetrators of abuse in direct conflict of child welfare and DV laws.

2) Ex-parte, secret, in-chambers meetings between the abuser, his attorney and the judge are used to change custody to the abuser. Ex-parte hearings are not allowed unless proper notice is given to the opposing party and she or a legal representative is present. Fraud Upon the Court can occur when any order is made under these circumstances, the order and subsequent orders made that rely upon the illegal order are invalid and not enforceable.

3) Conspiracy to obstruct justice happens when officers of the court assist each other to cover evidence of criminal activity committed by judges, attorneys and perpetrators of abuse. Conspiracy can occur when confidential court files are missing evidence that was supportive of the abuse or violence, as well as when psychiatric, psychological, medical, school and police reports are illegally removed from the files, motions for discovery denied, due process is ignored.

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In Service to our Communities

Who is making a real difference in peoples’ lives?
By Valerie D Nixon

Vote socially responsible and honest individuals into public office.

Esther Yang is running for New York State Assembly, 74th district which covers a large portion of the lower East Side of Manhattan. She is a community and judicial activist who believes in accountability and in bringing governmental power back the citizens in which it serves. Esther, a woman of integrity and innovation, has vowed to open her district office 24/7 with free legal and medical advice from a licensed attorney and a health care practitioner to address the needs of her constituents. Her goal is to create a mutually caring community that will support families and individuals who live and work in the Lower East Side. Fed up with elected officials' complacency and broken promises that has made all New Yorkers suffer, Esther decided to run for State Assembly to effect some much needed changes. Esther Yang is probably the best suited candidate to date slated to become the first Asian NY State Assemblywoman. www.estheryang.net

“Neighbors in Health” Central Valley Kaiser Permanente Hospitals benefiting the Valleys’ uninsured and underinsured.

For the 9th year in a row, Kaiser Permanente facilities in California’s Central Valley held their annual community health fair on Sunday August 20th. Clinics in Manteca, Modesto, and Stockton offered free dental exams, children's clinic (free immunizations and medical, dental, hearing, vision, school entry, and sports exams), women's exams, men's physicals, STD screenings, HIV counseling, adult chronic conditions diagnosis, a one day with no-charge laboratory and pharmacy services, plus referrals to no-cost or low-cost services and follow up exams. Turn out was expected to be in the thousands and more than 200 Kaiser physicians and 1,500 volunteers, from both Kaiser and United Way, offered their medical expertise and assistance. Numerous interpreters were on hand. As an individual who both utilized the free services and acted as a volunteer, I can attest to the fact that the professionalism was exceptional and the volunteer staff eager to assist any and all who came. Rarely will the uninsured find the kind of assistance I witnessed, and all for free. www.kaiserpermanente.org

Aids education and spiritual guidance in Rwanda and beyond.

Evangelical pastor of the Saddleback Church in Lake Forest, California, Dr. Rick Warren is probably best known for his series of books and media titled the “Purpose Driven Life”. Already well known to those who follow his teachings, it came as no surprise that the use of his book would be thrust into public scrutiny and ultimately praised during a hostage crisis in March of 2005. Hostage Ashley Smith, of Atlanta, Georgia read excerpts from the Purpose Driven Life to accused killer Brian Nichols and changed both of their lives on that fateful day. Dr. Warren is now concentrating his efforts to combat what he terms as the five “Global Goliaths”- spiritual emptiness, self-serving leadership, extreme poverty, pandemic disease and illiteracy/poor education. Money and extreme power is a corrupting influence in every area, in government, business and in personal lives. Character- good character is needed to resist the temptation to ignore personal ethics and morals and to do what is in the best interests of all, selflessly. The Warrens were determined that the new-found fame and fortune from the Purpose Driven Life series was not going to change their lives drastically. He repaid 25 years of church salary, began “reverse“ tithing in which they kept only 10% of earnings, giving away the remaining 90%, and they began 3 charitable foundations.

Dr. Warren, admittedly at the initial urging from his wife Kay, have teamed to bring education and spiritual guidance to the battle worn African nation of Rwanda. Kay Warren was motivated by an article chronicling the HIV/AIDS epidemic in Africa, a quote box in the middle of the article read: "12 million children orphaned in Africa due to AIDS" caught her attention and ultimately her determination to make a difference in the lives of the orphans. Kay was convinced that God was calling her to the front lines of ministry against HIV/AIDS in Africa, a calling her husband supported but initially didn’t respond to. Rwanda's President Kagame read The Purpose-Driven Life, he wrote Warren and invited him to visit. With this visit, the seeds of a humanitarian ministry developed. The PEACE plan was born, a plan that set a goal of the placement of spiritual minded individuals within each community, to train and assist each local church to become a Purpose Driven Church. The responsibility of HIV/AIDS awareness and education would become a focus of each local church, urging personal responsibility for one another onto each and every member of the church. More than being missionaries, these PEACE team members are visionaries, and they envision a world without HIV/AIDS and where spirituality is supported by a strong backbone of like minded community members. www.purposedrivenlife.com

Coastal Post August article by Valerie - Domestic Violence And Learning To Live Again

http://www.coastalpost.com/06/08/06.html

Domestic violence is always wrong. Child abuse is always wrong. That must be made very clear here. It only takes a quick glance at your local news to see another example of the fact that abuse is all around us and it is easy to ignore when you are not personally effected by it.
But in some families it becomes a way of life, you live the continual rollercoaster of the cycles of abuse and you learn to survive, since that is about the most you can do. You survive.

Most women will say that it sort of snuck up on them, the abusers tactics were very subtle at first. Verbal and emotional abuse are just the beginning, name calling, getting extremely angry at what you see as very minor things. You are always on the defensive and walk on eggshells until you know that today is a safe day, you don't have to be on guard, today.

The day comes when you find your clothes cut up and your possessions destroyed. He slowly gives or throws away anything that you brought into the marriage, he hides money telling you that it is being put away for security, for the families security. Later on the abuse becomes physical, if you walk too close behind him, his elbow jerks back and catches you under your jaw. You walk past him only to feel his arm across your throat as you have just been clothes-lined. Some women wake up to black eyes and bruises around their throats, it is often hard to remember what happened, but the physical signs are there and must be hidden to protect yourself from his anger at being exposed for what he really is-an abuser. He will deny it, he "didn't do anything, you just made it up and you have no witnesses."

No one will believe you and if you tell anyone, (he) will take your children and you will never see them again. If you leave, you will be walking the streets, he swears to it. And you are afraid that he is right so you stay and learn to take the punches and you become less of a person day by day. Then your children begin to imitate their father, it is always better to identify with the more powerful parent, the one who bullies and hurts than to be a victim, the one who is being hurt. So the kids begin to act like their abuser and the school gets involved, as no one in the normal world thinks that being threatened or hit is acceptable and they want you to do something to stop your child from bullying other students.

You take your children to a counselor and you take them to behavioral therapy and you leave your abuser because you are told that you have the right to live free from abuse. The family court gets involved and you struggle to understand why the abuser has an attorney and you do not, after all, the law says that during custody litigation the parties should be equally represented. That is what the law states, but in reality when there is domestic violence or child abuse accusations, rarely will you find the victim having legal representation.

The temporary victory of having said "NO, no more abuse" and taking the courageous step to a life that is free from violence is short-lived once you discover that the court is not a friendly environment for any abused woman or child. You will not be believed unless you have a very high priced attorney to inform the court of the facts and evidence supporting the abuse.

If you do not fully cooperate in giving him unlimited access to the children, if you insist that he follow the court ordered schedule, he finds it very easy to project the failures onto you. Simply stating in court that he is not receiving the visitation as scheduled begins the judicial manipulation.

If you refuse to meet him alone, if you refuse to accept the threats, it is used in court to accuse you of PAS, (Parental Alienation Syndrome.) PAS is an unscientific theory in which one parent tries to turn the children against the other parent, a term coined by the late Dr. Richard Gardner.

Unfortunately, most supporters of Dr. Gardner have failed to investigate the rest of his belief system which includes a very pro-pedophilia agenda. PAS is almost exclusively used by fathers who have been accused of abuse, against mothers who have taken steps to protect their children from the abuse. Judges seem to like the theory because it allows them to remove custody from a mother and give it to the father, no questions asked and if the father is guilty of abusing his children, there is no one watching and reporting. Once the judge has decided that you are committing PAS, any perjury, lies or evidence of abuse by the father or father's attorney is disregarded in favor of severely punishing the mother for daring to accuse the father. Custody is switched to the accused abuser and if the mother is very fortunate, she may get to have some supervised visitation.

Victims of abuse who deny visitation (Penal Code 278.5) have a legal remedy while seeking protection by filing what is known as a "good cause" order. The mother is told to enter a Domestic Violence shelter and ask the court for protection against parental kidnapping charges. How often this protection works is questionable since each district attorney can interpret the law however they wish and even if a parent makes a good faith effort to follow the law, she can find herself in jail under half a million dollar bail and facing 3 years prison time, as well as the total loss of custody of her children who will then be placed into the sole custody of the very person who abused them in the first place!

Not much of a choice. There have been several cases in Marin County in which a mother has attempted to protect her children against abuse and in each case, different legal methods were taken, all failed. Each mother lost all parental rights, were jailed and only after years were able to receive some visitation. Even a parent who has actually abused the children, abused drugs and alcohol or committed felonies are allowed some reunification with their children, but a protective mother and her children who get caught up in the slow churning twilight zone of family court in Marin County do not qualify for reunification services. Their relationship is destroyed and no legal reason is ever given. Currently there is another Marin County mother on trial who faced the difficult choice of either protecting her daughter from the threat of abuse or going into hiding to ensure that she would be safe.

What can a protective parent do? Maybe there is some hope. Over the past few years there has been a change in the winds of justice. Several judges and attorneys have begun to loudly speak out against the punitive nature of the courts when a parent attempts to protect themselves or their children from abuse. The vocal judiciary and associate professionals have written books and participated in documentary films in their move to expose the legal abuse that follows on the heels of domestic violence and child abuse. These brave souls are speaking out in order to fix a problem that is being ignored by many in the legal profession, as it doesn't generate income when the victim is destitute and unable to pay even the retainer fee.

The 2005 Tatge and Lasseur documentary: Breaking the Silence, Children's Stories featured the Honorable Sol Gothard, former 5th circuit judge and author who called for action to stop childhood sexual abuse, and for increased awareness in regards to awarding custody of abused children to perpetrators despite the evidence of long term harm.

Also in the film is author Lundy Bancroft, an expert on Domestic Violence and batterers treatment. Lundy has written several books on the subject including his latest; The Batterer as Parent-Addressing the Impact of Domestic Violence on Family Dynamics. Attorney and author Michael Lesher and Amy Neustein PhD co-wrote "From Madness to Mutiny: Why Mothers Are Running From the Family Courts and What Can Be Done About It." Attorney Richard Ducote whose accomplishments include defending, supporting and drafting landmark legislation for the benefit of abused children within the foster care system and family courts. California Attorney and Executive Director of the Child Abuse Forensic Institute -Seth Goldstein is another defender for abused children.

For simple step by step instructions and FAQs regarding what abuse is and what to do once you have decided to take the step to a life free from abuse, a good source would be "Scared to Leave, Afraid to Stay: Paths From Family Violence to Safety" by Attorney and author Barry Goldstein. This book tells the story of 10 women who found the courage to leave their abusers and the often difficult steps they took when they entered the family courts as well as the legal tactics the abusers used to discredit the evidence of abuse.

Custody-Visitation Scandal Cases have many of the following attributes: 1. Allegations of domestic violence and/or child abuse made by the mother and/or child(ren)

2. A failure or refusal by court agents (attorneys, law guardians, forensic evaluator, therapists, and/or judge) to take such allegations seriously.

3. An outcome that places the children at serious risk

4. An outcome that appears to be 180 degrees from what it should be.

5. An outcome that gives custody to the alleged abuser and restricted visitation to the protective mother.

6. The use by the abusive father and his attorney of "standard abuser tactics" (i.e. seeking custody to punish the mother or maintain control; using visitation or custody to harass mother; claiming that unfounded child protective claims were made falsely and maliciously by the mother; attempting to manipulate the children etc.)

7. The propagation of myths and stereotypes about domestic violence (i.e. that mothers and children frequently make false allegations of abuse to gain an advantage in litigation) by the court and its agents.

8. Using "experts" with little or no training and understanding of domestic violence.

9. Gender bias and double standards (mothers being held to a higher standard than fathers)

10. Failure to consider and use up-to-date domestic violence research.

11. Approaches that blame the victim.

12. Use of biased or unsupported theories (i.e. Parental Alienation Syndrome; "Angry women"; "Vindictive women"; alienation; masochism etc.)

13. Extreme penalties against protective mothers.

14. Outcomes that make it appear like the judge was bribed even though that is usually not the cause of the judicial abuse.

"I believe research will find that 98% or more of such cases have been tragically mishandled. The purpose of my book and my work is to help protective mothers overcome the all too common mistakes in the court system."-Barry Goldstein Esq.

For further information and resources, please log on to my online Page: Truth and Justice Family Court Reform at http://truthinscotsthistle.blogspot.com/ Or email me directly: justonemom@gmail.com

RESOURCES AND LINKS

National Domestic Violence Hotline for the United States and Canada: 1-800-799-SAFE.
Rape, Abuse, and Incest National Network Hotline (Rain): 1-800-656-4673.
National Latino Alliance for the Elimination of Domestic Violence (646) 672-1404 http://www.dvalianza.org
Institute on Domestic Violence in the African-American Community (877) 643-8222 http://www.dvinstitute.org
National Coalition Against Domestic Violence (202) 745-1211 http://www.ncadv.org
Men Overcoming Violence (415) 626-MOVE http://www.menovercomingviolence.org
Family Violence Prevention Fund http://www.endabuse.org
http://www.batteredmotherscustodyconference.org
http://www.unitedforjustice.com
http://www.icfcr.org (Illinois Coalition for Family Court Reform)
http://www.safestate.org (CA AG Crime and Violence Prevention Center)
http://www.prisonerswithchildren.org
http://www.protectiveparents.com
http://www.courtinfo.ca.gov/rules/
http://www.purpleberets.org
http://www.protect.org/
http://www.trishwilson.typepad.com
http://www.barrygoldstein.net/
http://www.taliacarner.com/
http://www.courageouskids.net http://www.contact@courageouskids.net

Lundy Bancroft is an author, trainer, counselor, and activist on issues of abuse and recovery. His current work focuses particularly on men who abuse women and the impact those men have on the lives of both women and children.
http://www.lundybancroft.com/

Barry Goldstein, attorney, teacher, author and advocate for women abused by their partner (and too often the courts) has written a book for women seeking to leave their abusers and for their friends, family, supporters and advocates. SCARED TO LEAVE AFRAID TO STAY Paths From Family Violence to Safety
http://www.barrygoldstein.net/

REBUTTAL TO: Glenn Sacks on PAS article July 10, 2006

I couldn’t get through all of his diatribe at one time, had to break it up into 2 different days. It is just a repeat of what he has been saying for years, citing the same cases, using the same labels, the same story rewritten over and over again…blah, blah, blah. Do not believe his proof of no abuse occurring in the Marks, Loeliger and Neustein cases. I believe that mothers will do whatever it takes to protect their children, even accepting guilt for crimes not committed.

Sacks and Leving do not support their claims with facts, as I personally have looked up some of their claims and found that the actual studies did not support what they wrote, and some of their true stories are actually fiction, as they put disclaimers near the end, stating that this is how "some men feel". Gotta read that fine print hidden in the body of their lengthy FR manifestos.

I questioned the motive behind the “longitudinal study published by the American Bar Association in 2003 followed 700 'high conflict' divorce cases over a 12 year period and found that elements of PAS were present in the vast majority of the cases studied.” I admit that I have not seen this study, but anything that is studied to justify the legal professions involvement in custody cases, in which they make shamefully large amounts of money to the detriment of the parties involved, makes me think this study could be self serving.

I also wondered about the 700 cases, how they were chosen for a study. Overall, 700 cases over a 12 year period really amounts to a miniscule fraction of contested custody cases considering that in San Diego County (CA) there were a total of 1,258 new divorce filings for June of 2005 alone. You can reasonably estimate that 10% were contentious (high conflict) with custody disputes. That would make 125 cases found in only 1 month, in only 1 county, in only 1 state, which could account for just over 1/5th of the supposed 700 cases found over 12 years in the ABA study.

What kind of study would be considered valid that uses such a small amount of cases, questionably chosen and then vaguely labels the presence of some "PAS" tactics as *“a common, well documented phenomenon”?
(*as per Glen Sacks article-July 10, 2006 http://glennsacks.com/enewsletters/enews_7_10_06.htm)

Propaganda perhaps, to support the continuation of very lucrative litigation, ostensibly to battle a syndrome that harms children and their innocent fathers.

Some very pwerful words in defining domestic abuse

In Their Own Words

March 28, 2006
“We are telling victims that the abuser will be treated differently if he/she is in a position of power, that we are unwilling to call what is happening to them abuse, and that we are unwilling to hold the abuser accountable. We are telling abusers that they will not be held accountable by this community and that we are willing to brush off (even reward) their behavior because of their position; essentially we are giving current and potential abusers permission to be abusive. We have an obligation as a community to say out loud that domestic violence – in its various forms and regardless of the abuser’s position – is not acceptable and will not be tolerated.”

-- Melissa Radcliff, Family Violence Prevention Center of Orange County, Chapel Hill News, February 24, 2006. Radcliff wrote the guest editorial after Carrboro’s fire chief was allowed to remain on the town’s payroll until retirement, even though he violated a domestic protective order. The violation occurred just a week after the Chief accepted a plea bargain that allowed him to avoid criminal conviction if he stayed away from his former girlfriend for six months.
http://endabuse.org/newsflash/index.php3?Search=Article&NewsFlashID=749



A Call To Action: New Legislation Will Address Findings From WHO Study
June 9, 2006

“We found that women’s greatest risk of violence is from a partner,” said Claudia Garcia-Moreno, Department of Gender, Women and Health, World Health Organization and the study’s overall coordinator. “Many women internalize social norms that justify abuse. Many think, for instance, that a man is justified in beating his wife if she disobeys him or refuses to have sex.”

“Our biggest surprise,” Garcia-Moreno added, “was learning how hidden the problem is and how few women contact formal support services. In fact, many women had never told anyone about the violence in their lives before we asked them for this study. We need to do more to change social norms that justify violence against women.”

Action Needed

“The depth and scope of the global landmark study is remarkable,” Senator Joseph Biden (D-DE) said. “This report reveals a global picture of the treatment of women – and the statistics are appalling and egregious. In some communities, women are safer in the streets than they are in their own homes. This reality is unacceptable and preventable – and we need to step up our strategies to address it.”

“We have learned from our work here in the U.S. that we will not end violence by building shelters and training police officers and judges alone,” Family Violence Prevention Fund President Esta Soler said. “That work is crucial, but violence against women will not stop until communities and countries decide to stop it. So our goal must be to change the social norms that tolerate violence and allow women to be treated as chattel.”

http://endabuse.org/newsflash/index.php3?Search=Article&NewsFlashID=771