Wednesday, February 3, 2010

WIFE BEATING; It's not just "domestic violence."

WIFE BEATING

POPULATION INFORMATION PROGRAM, JOHNS HOPKINSDOMESTIC VIOLENCE is a CRIMINAL act of assault, battery, sexual assault, sexual battery, or other act that injures or kills a family or household member by another who is or was residing in the same single dwelling unit.  See, e.g. F. S. 741.30(1)(a)(1994).  If there is no outcome, claims of who did what to whom are irrelevant for all legal purposes.  Hepburn slapping Tracy across the face in one isolated instance with no particular outcome, regardless of what you think of the behavior, is not what we mean legally by "domestic violence."

SPOUSAL ABUSE is not isolated acts of "conflict tactics" in a vacuum.  A battered spouse is one who may be controlled and terrorized by a combination of abusive tactics, both directly physical and not.  There is a pattern and a dynamic in the relationship in which one of the parties is the party abused, disadvantaged and injured -- 95% of the time, this is the woman. Counting numbers of slaps without looking at the entire relationship dynamic, does not tell us who is the abuser and who is the abused.

The Straus and Gelles Conflicts Tactics Scale is merely that: it is a research tool that counts certain behaviors that might be "conflicts tactics," but tallying up who moved how and when does not necessarily comport with the legal definition of domestic violence, or accurately yield any picture of what actually happened.  And the individual conflict behaviors arbitrarily listed therein in varying levels of "severity" neither bear any necessary relationship to who is injured, nor identify which of the parties is the party "abused."  Physical movements and contacts tracked and reported without reference to outcome are misleading, and nothing short of fraudulent when used to make the specious claim that "women are doing it too." Women are not battering their husbands in epidemic proportions.  Women are not regularly beating up their men, and leaving them crouched, huddled, injured and sobbing (or worse) on the kitchen floor.  Men are not fleeing their homes, children in tow. Men are not the spouses who live in terror.

"Who is that [on the phone]!" he demands.

She ignores him, hastily whispering "I gotta go now..."

"GIMME that phone!!" he shouts.  "Who was that!!"

"It was someone from work."

He dials call return.  It's not.  "You sniveling lying BITCH," he shrieks, and yanking the phone out, throws it into the wall.  "YOU TELL ME WHO THE F--- THAT WAS RIGHT NOW," he yells, advancing at her.  He picks up a little glass budvase her grandmother gave her and holds it high.

"Nooo, gimme that!" she whines.  "WHO THE F--- WAS ON THAT PHONE!!!"  She grabs his arm to save the vase, and he holds it out of her reach.  [She has started the violence, according who touched who first.]  Smash, the vase shatters into a thousand little shards. "You pig," she mutters, nearly inaudible.

"WHAT'D YOU SAY!!! SAY IT AGAIN, BITCH!!!" he screams.  She crouches at the floor, attempting to scoop up glass splinters. He grabs her by the upper arm, bringing her to her feet.  She wrenches her arm away, and as he reaches for her again, pushes his forearm away from her. 

[Conflict tactics scale: one grab for each, plus a push for her.]

"I WANNA KNOW WHO WAS ON THAT PHONE!" he yells, down, close into her face as she backs away.  "No one..."

"YOU STUPID LYING CUNT!!" he shouts, and shoves her with a force that flings her into the corner of the wall, hitting her head...

[Conflict Tactics Scale: two for two.  Nothing but a fair fight... so far...]

The indicia of SPOUSE ABUSE AND BATTERED WIFE SYNDROME are explained in the following POWER AND CONTROL PERSPECTIVE, adapted from the Domestic Abuse Intervention Project, Duluth MN, copyright l990 New York State Office for the Prevention of Domestic Violence (July l993.)  There are five areas of abuse that are utilized by the batterer to EXERCISE POWER AND CONTROL OVER THE VICTIM:

-- Psychological abuse: instilling or attempting to instill fear by intimidation, threats of harm to victim or others, threats of kidnapping, harassment, and destruction of pets and property.

-- Emotional abuse: Undermining a person's sense of self-worth by constant criticism, belittling, namecalling, silent treatments, subverting of parent-child relationships, making and breaking of promises, and so forth.

-- Economic abuse: Making, or attempting to make a person financially dependent, by, e.g. maintaining control over both parties' income, withholding money or access to same, keeping the person from outside activities, such as school, forbidding employment, harassment at the job, requiring justification for all money spent.

-- Sexual abuse: Coerced (unconsented-to) sexual contact, including marital/date rape, forced sex after beating, beating sexual parts of the body, bestiality, forced prostitution, unprotected sex, fondling, sodomy, sex with others, use of pornography.  Also undermining a person's sexuality by derogatory treatment, criticisms of desirability, unfounded accusations of infidelity.

-- Physical abuse: Inflicting or attempting to inflict physical injury or illness, e.g. by grabbing, pinching, shoving, slapping, hitting, hair-pulling, biting, arm-twisting, kicking, punching, hitting with objects, stabbing, shooting.  [Note here: the specious claims, using research primarily by Gelles, Straus, and Steinmetz, which attempt to portray women as battering their men as often as vice versa, do not take into account the realities of the abusive relationship, or that the conflict behaviors test when used in this manner -- to lie -- does not account for injury inflicted. E.g., a man who is substantially stronger than his wife can cause far greater damage with one "nonsevere" shove, than she can by waving a knife in the air while screaming "stay away from me!" But according to the Conflict Tactics Scale, the latter would be the conflict tactic of higher severity.  Nor do these measurements of movement indicate who is the abused party or victim in essence in the relationship -- the one being controlled.] 

Other kinds of physical abuse include withholding access to resources necessary to maintain health, e.g. medications, medical care, wheelchair, food or fluids, sleep, hygienic assistance, and forced alcohol or drug use, none of which is even alluded to by the purveyors of the "women are doing it just as much" nonsense.

The facts are:

Battering is about power and control. It often starts out with non-violent forms of abuse and control, and escalates, when the abuser still does not feel "enough" in control (of her, or his life or both), to physical violence.  But BEFORE THAT POINT, the relationship power dynamics are not equal.  Regardless of who first did what to whom physically, only one of them is the victim.  Because he gets rewarded (by "winning"), over time the abuser escalates the tactics employed to exact control.  Before any physical violence is ever employed, the power imbalance and the control were there.  The situation "creeps up" on the woman, who becomes inured to tighter and tighter controls and more and more abuse.  "Normal" becomes the in-between periods having an absence of physical abuse.  But the situation is NEVER normal.  If he hits once, he *WILL* do it again. And worse.

Battered women do not start out as passive "wimps."  Before he discovers the guaranteed success of the iron fist, there may be a control struggle in the relationship.  She may use passive aggressive tactics, or even some physical aggression earlier on, in an effort to regain a measure of control over her own life.  And when he feels his control of her (or other things in his life) slipping away, he escalates his choice of "weapon."

Battering is rarely an isolated event.  Two-thirds of beaten women report two or more episodes of same during the year, and half of these women are beaten five or more times, according to Straus, Gelles and Steinmentz, BEHIND CLOSED DOORS: A SURVEY OF FAMILY VIOLENCE IN AMERICA: NY, NY; Doubleday, l980.

"Every gender bias commission in the United States echoed the finding...that there was 'a reluctance to acknowledge the criminality of domestic violence at every stage of the law enforcement and judicial process' due to a willingness to accept "still prevalent beliefs that violence against women can be acceptable.' " -- Judge C. S. Lederman, Report on Dade County, Family Law Commentator XIX (3) February l994; Report of the FL Sup. Ct. Gender Bias Commission (l990), p. 14.

It has been estimated that only ten (10) percent of all domestic violence incidents are reported to the police, Knoxville Journal 2/9/84.

Each year more than one million women seek medical treatment for injuries inflicted by husbands, ex-husbands, or boyfriends. [note]   The average length of a violent marriage is five years.  See Hughes, H. M. Impact of Spouse Abuse on Children of Battered Women, Violence Update 2 (12), 1-11. 

Ninety-three (93) percent of battered women are willing to forgive and forget the first beating suffered from their partners.  It also is common for women to blame themselves for provoking the behavior or starting the altercation -- such a perspective reinstalls for the victim in her own mind a sense of control and esteem -- if she did something to cause the problem, then it is within her power to fix it.  [This factor also makes many of the after-the-fact reports of who did what to whom, particularly as to research on "average" couples without substantial injuries, unreliable, because numbers alone do not offer anything about the truth or the context in which each reported "act" happened.  These are not boxing matches, watched by judges and carefully scored.]  In addition to physical injury, domestic violence involves immediate, long-standing psychological harm, which untreated, will permanently scar victims and their children.  See Judge Linda Dakis, Coordinated Professional Response: An Essential Need, Family Law Commentator XIX (3), 2/94; also see Flitcraft and Hughes, ibid.

Additional Resources: Monograph Series No. 7, National Clearinghouse on Domestic Violence, Washington: U.S. Government Printing Office, l991.  A woman is battered every 10-18 seconds in the United States.

Between 8 and 11 percent of pregnant women are abused by their partners.  Newberger, E. H., Barkan, S. E., Lieberman, E. S., et al., Abuse of Pregnant Women and Adverse Birth Outcome.  JOURNAL OF AMERICAN MEDICAL ASSOCIATION (JAMA) l992; 267:2370.

Informal studies in doctor's offices determined that if women's appointments were cancelled by men, 90% of the women were victims of domestic violence, according to Robert E. McAfee, MD, President American Medical Association, as reported to Judge L. Tepper, Family Law Commentator, ibid.

Statistically, more women are killed who LEAVE their batterers than are killed who stay. According to Barbara Hart, the risk increase is 75%.  See Hart, B. quoted in National Estimates and Facts Aout Domestic Violence, NCADV Voice, Winter l989., p. 12.  Also see gen. Hilberman, E. and K. Munson, Sixty Battered Women, Victimology: An International Journal II, pp 460-470 (l977-78). Also see gen. Woods, L., "Mediation: A Backlash to Women's Progress on Family Law Issues," Clearinghouse Review, July l984; Muldoon, J. "Dangerous Misconceptions About Alcohol Abuse and Domestic Violence," Community Intervention, Minneapolis: Community Intervention, Inc. (l985).  It currently is trendy to tout the statistic women are more often battered by boyfriends, and ex-husbands than by husbands as "evidence" that "marriage protects women from domestic violence."  A more reasonable interpretation of this correlation, however, is that it says something about the character of men who marry and maintain succesful marriages, versus men who do not: men women will not marry, as well as men women have left, are more likely to be abusive, and that's why they are represented more heavily in these populations..

Domestic violence and abuse are not just a list of incidents that have occurred over some period of time.  And not just a list of aggressive behaviors that can be added up to see who has won the fight. Dutton, M. A., The Dynamics of Domestic Violence: Understanding the Response from Battered Women, Fla. Bar J., Oct. l994; see Cantos, A. L., Neidig, P. H., and O'Leary, K. D., Injuries of Women and Men in a Treatment Program for Domestic Violence, 9 J. Fam. Violence 113-123 (l994).

"Understanding the seriousness of physical violence often requires determining the context in which the behavior ocurred, since the severity of physical aggression does not adequately predict seriousness of resultant injury in domestic violence situations."  Dutton, ibid.; also see Cantos, ibid.

"Studies show that abusive fathers are far more likely than nonabusive parents to fight for child custody, not pay child or spousal support, and kidnap children."  White, A. C., Family Law and Domestic Violence, Fla. Bar J., Oct. l994; see Hansen, M. and Harway, M. Battering and Family Therapy 175 (l993); Grief G. L. and Hegar, R., Parents Whose Children Are Abducted By The Other Praent: Implications for Treatment, 19 Am. J. Fam. Therapy 215, 221 (l991); Zorza, J. Protection for Battered Women and Children, 27 Clearing House Rev. 1437 (l994).

"Battered women seeking shelter report that their abusers destroyed an average of $10,000 in family property prior to separation -- including furniture, clothing, photographs, and toys.  It costs the average victim who must move a minimum of $5,000."  Ibid. See Hart, B.  Cost of Domestic Violence (l991), Penn. Coalition Against Domestic Violence.  Also see Zorza, ibid.

"[I]t is rare that the police arrive and see the actual crime being committed... law enforcement can make an arrest based on probable cause.  Even without the required `probable cause,' the decision frequently is made to arrest *both* parties with a somewhat cavalier attitude of letting the prosecutor or the court 'sort it out.'  Not only is this irresponsible (and illegal), but a tragic result often occurs.  Children have to be taken into the custody of the [state.]...  Also, it is common that mutual dismissals result, thus masking the true and dangerous abuse...  In the last year alone, [attorney Mason, being quoted, below] represented five cases in which the victim was arrested because she defended herself.  Curiously, in all five, the police reported seeing 'a slight scratch on the face or arm' of the spouse.  In all five cases the victim/defendant suffered clearly visible and substantial trauma including hematomas, lacerations, ripped clothing, and in one incident, a broken arm.  The police, however, were satisfied by arresting them both."  Mason, C., Spouse Abuse --The Other Victim, in Fla. Bar J., ibid

A CHILD WHO WITNESSED DOMESTIC VIOLENCE IS MORE LIKELY TO GROW INTO A PERPETRATOR OR VICTIM OF DOMESTIC VIOLENCE THAN A CHILD WHO WAS HIMSELF ABUSED.  Hotaling, G. T. and Sugarman, D. B., An Analysis of Risk Markers in Husband to Wife Violence: The Current State of Knowledge, 1 Violence and Victims 101-124 (l986.)

"It's formally equal.  People are entitled to the same lack of protection whether they're 120-pound women or 220-pound male running backs...

"But...where there is no law, it's not that everyone is free and no one rules.  WHERE THERE IS NO LAW, THE STRONG RULE. So each household can become a tiny lawless realm, ruled by a strong and violent king." -- L. Hirshman, in Ms., Making Safety a Civil Right, Sept./Oct. l994 Lang Communications.


Note to Cathy Young and the rest of the ignorantii: do you go to a hospital emergency room every time you have an injury? as your sole method of seeking medical treatment?  RETURN TO TEXT

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Showdown in Shawnee County: We finally got some hell instead of corn (Topeka, Kansas)

by Dastardly Dads

WEDNESDAY, FEBRUARY 3, 2010

Showdown in Shawnee County: We finally got some hell instead of corn (Topeka, Kansas)

"What you farmers need to do is raise less corn and more Hell." Mary Elizabeth Lease (1853-1933)

Kansas political activist, suffragist, populist, writer, and lecturer

Not too many years ago, Thomas Frank wrote a book called "What's the Matter with Kansas?" where he wondered whatever happened to the spirit of progressive Kansas voices like Mary Elizabeth Lease.

After attending a custody hearing as a court observer in Shawnee County, Kansas last week, I can tell you that Mary's spirit still lives on--in Claudine Dombrowski.

Unfortunately, I also saw that the corruption and special interests that Mary railed against all her life are still with us too.

It's taken me a week to gather my thoughts together, because my experience as a court watcher was inspiring, maddening, frustrating, and revolting--all at the same time.

Claudine Dombrowski is a Kansas mother, a domestic violence survivor, who lost custody of her daughter to her abusive ex-husband, Hal Richardson, in an ex parte decision.

For those of you who are not legal experts, an ex parte decision is one decided by a judge without requiring all of the parties to the controversy to be present. Basically we're talking about a legal proceeding brought by one person in the absence of and without representation or notification of other parties.

In the United States--or so we're told--the availability of ex parte orders or decrees from both federal and state courts is sharply limited by the Fifth and Fourteenth Amendments, which provide that a person shall not be deprived of any interest in liberty or property without due process of law.

In THEORY, this has been interpreted to require adequate notice of the request for judicial relief and an opportunity to be heard concerning the merits of such relief. A court order issued on the basis of an ex parte proceeding, therefore, SHOULD necessarily be TEMPORARY AND INTERIM in nature, and the person(s) affected by the order must be given an opportunity to contest the appropriateness of the order before it can be made permanent.

In REALITY, this has never happened in Claudine's case. The ex-parte hearing took place in 2004. Six long years ago. That's an huge piece of somebody's childhood. Since then, Claudine has been on supervised visitation although I NEVER heard Hal Richardson's attorney, Jason P. Hoffman, bother to articulate A SINGLE REASON AS TO WHY. In fact, Claudine has never been accused of or investigated for child abuse, substance abuse, domestic violence, sexual abuse, or any other abuse you can think of.

But more about that later.

The purpose of this hearing was to finally get Claudine unsupervised parenting time and to force the court to follow established Kansas law per Chapter 60, article 16. This states that a parent must be allowed "reasonable parenting time" unless it can be DEMONSTRATED that the parent is dangerous or somehow harmful to the child.

I've mentioned that I did not hear one single accusation regarding Claudine's parenting abilities, much less any evidence, even of the flimsiest sort.

So what did I hear? I heard utterly ALARMING AND FRIGHTENING attacks on Claudine as an outspoken advocate for victims of domestic violence and as a human rights activist. I saw an obsessive fishing expedition orchestrated by Jason Hoffman, who was demanding that the authorship of various domestic violence blogs and websites be publicly revealed--even ones that I know for a fact that Claudine has no connection with. As if being a domestic violence advocate was some sort of act of treason or crime against the state!

Where the hell are we? I kept asking myself. China? Burma? North Korea?

I also witnessed an obsessive line of inquiry as to whether Claudine had removed all references and photos of her daughter from the Internet. Through all this, Hoffman did not produce one piece of timely evidence to suggest that she had not. In short, another ridiculous piece of legal grandstanding.

Oh, and another thing. The specter of ALIENATION! Despite the fact that the father (and his cronies) had limited this mother to supervised visitation since 2004, and that the father had conveniently obstructed all visits since last summer, Hoffman had the nerve to accuse Claudine of being an alienator or potential alienator! Never mind that if ANYBODY should be labeled an alienator, it's Daddy Dearest. For me, this moment crystalized how the whole "alienation" label has become increasingly bogus with every passing day. That Daddy has shut off a child from contact with a non-abusive, fit, and loving mother isn't "alienation." That Mom might have some residual anger or frustration about the situation is. Horse patootie.

One other party in this scam deserves special recognition. Jill Dykes, who has been connected with this case as a guardian ad litem, showed that she was utterly incapable of even the barest appearance of professional objectivity. Throughout the entire hearing, she was literally at Daddy's elbow, sometimes whispering into his ear. This is neutrality? This is the best interest of the child? Though she objected to unsupervised visitation being granted, she produced zero evidence to support her position. There was something about a letter, not written by Ms. Dykes, but by somebody else who was conveniently unavailable for questioning or cross-examination. Such a coincidence. And even that letter was said to be quite old--didn't catch how old.

Generally, her reasoning came down to a distorted circle of pseudo logic: Ms. Dombrowski should be on supervised visitation because...she's been on supervised visitation. Not good enough, Ms. Dykes. Can you come up with better? Didn't think so.

It seemed quite apparent that Mr. Hoffman, Mr. Richardson, and Ms. Dykes thought they could play the same old games and get away with it. And maybe they would have.

Except in the audience, there were a half dozen observers from Topeka, Kansas City, and even out of state, who were scribbling down every word. Because all of us had heard about the blatant constitutional violations in this case, and all us had decided to bear witness to it.

I'll give credit to Judge David Debenham. Maybe he has seen the light, and realized what a legal travesty and constitutional outrage this case has become. Or maybe he just felt the heat, with all the court watchers present.

The end result is that he ordered limited unsupervised visitation. Just two hours on a Sunday to start. And the right to telephone twice a week.

But it's a start. And it's an opportunity for this mother and daughter to start a healing process that is long overdue.

Posted by silverside at 8:41 AM

Labels: child custody, custodial father, custody/visitation, DV, ex parte,Kansas

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KS HB 2517 - Completed Submitted written Testimonies Kansas Legislature Feb 1-Feb 2 2010

Note: Cross posted from [blogger angelzfury] Jana's Campaign.

Permalink

The committee will vote on February 12th 12:00 PM-1:30 PM room 144-S Kansas State house.

[publisher note: If any one has any other material that they would like to be published  so that we can get the word out-please Subject line HB 2517

send to AngelFury@AngelFury.org 

 

Claudine Dombrowski- Survivor- Submitted Written Testimony For Domestic Violence Tag Law

Claudine Dombrowski- Survivor- Submitted Written Testimony For Domestic Violence Tag Law

 

 

Michelle Blasdel- Survivor Written Testimony For Domestic Violence Tag Law  proponent HB 2517

Michelle Blasdel- Survivor Written Testimony For Domestic Violence Tag Law proponent HB 2517

 

 

Judge Harold Flaigle Domestic Violence Fatality Review Board

 

Judge Harold Flaigle Domestic Violence Fatality Review Board

 

Robert Stephan Chair Domestic Violence Fatality Review Board

Robert Stephan Chair Domestic Violence Fatality Review Board

 

 

Sandy Barnett KCSDV

Sandy Barnett KCSDV

 

 

 

Mark Gleason OPPOSED

Mark Gleason OPPOSED

 

 

 

Kari Ann Rinker KSNOW-Lobbyist

Kari Ann Rinker KSNOW-Lobbyist

 

 

 

Judge Welch Johnson County Courthouse Domestic Violence Docket

Judge Welch Johnson County Courthouse Domestic Violence Docket

 

 

Jenny Marsh Director of Crime Victim Services Kansas Department of Corrections

Jenny Marsh Director of Crime Victim Services Kansas Department of Corrections

 

 

Ed Klumpp_ Associations of: . Chief of Police_ Peace Officers_ Sherriff’s

Ed Klumpp_ Associations of: . Chief of Police_ Peace Officers_ Sherriff’s

 

 

Douglas J. Miles Chief Deputy DA Colorado Springs, CO. Domestic Violence Specialist

Douglas J. Miles Chief Deputy DA Colorado Springs, CO. Domestic Violence Specialist

Note: Cross posted from [blogger angelzfury] Jana's Campaign.

Permalink

Tuesday, February 2, 2010

Southern California Judge Denies Protective Order to Mother…Bam! Father Murders Young Son and Kills Himself

California Judge Denies Protective Order to Mother…Bam! Father Murders Young Son and Kills Himself

Filed under: California, Child Abuse, Child Custody, Child Custody Battle, Child Custody Issues, Child Custody for mothers, Child custody for fathers, Children and Domestic Violence, Children's rights, Corrupt Judges, Corrupt bastards, Domestic Abuse, Domestic Violence, Family Court Reform, Family Courts, Family Rights, Fathers Rights,Fathers who murder their children, Getting screwed by the Family Courts, Judge J. David Mazurek, Judicial Immunity, Katie Tagle, Murder, Murder - Suicide, Parental Alienation Disorder, Parental Alienation Disorders,Parental Alienation Syndrome, Stephen Garcia, parental alienation — justice4mothers @ 6:40 pm

Just as other mothers who have feared for the lives of their children, and try and seek protection for them, dear Katie Tagle was turned away.   Now her young son Wyatt is dead.  From SFGate.com (San Francisco Chronicle):

SoCal father, son dead in apparent murder-suicide

Sunday, January 31, 2010

01-31, 18:38 PST HESPERIA, Calif. (AP) –

Authorities in San Bernardino County say a 25-year-old father and his 9-month-old son have died in what investigators believe is a murder-suicide.  A sheriff’s news release says deputies found Stephen Garcia and son Wyatt Garcia dead in a vehicle on a rural dirt road in the Twin Peaks area early Sunday.

The release says the Hesperia Sheriff’s Station had received a report Saturday night that Garcia took his son during a court-ordered visitation and threatened to kill the child and himself.  The department did not say how the pair died, only that they “sustained traumatic injuries.”  The county coroner will conduct an autopsy on both father and son this week.

Stephen Garcia was from the Pinon (pin-YONE) Hills area and his son was from Yucca Valley.


Hat tip to Annie for digging out the court docket on this one.  It is heartbreaking to read that Judge J. David Mazuek found that the father was not a threat to the mother or child two weeks prior to the murder of dear little Wyatt.  Read the court docket here.

Case FAMMS900840 – KATIE TAGLE -N- STEPHEN GARCIA

OSC RE: DOMESTIC VIOLENCE FILED BY KATIE TAGLE
01/12/2010 – 9:00 AM DEPT. M3

J. DAVID MAZUREK PRESIDING.

CLERK: KIMBERLEY HATCH

COURT REPORTER JENNIFER BARNAKIAN POLAND JENNIFER BARNAKIAN POLAND

-

PETITIONER KATIE TAGLE PRESENT

RESPONDENT STEPHEN GARCIA PRESENT

-

PROCEEDINGS:

OSC/MOTION HELD.

BOTH PARTIES ARE SWORN AND EXAMINED.

COURT FINDS THERE IS A PENDING PROCEEDING IN

THE VICTORVILLE COURT THAT IS SUBJECT TO CUSTODY

AND VISITATION ORDERS.

-

COURT FINDS THERE IS NOT THREAT TO PETITIONER

OR THE MINOR CHILD.

THE OSC IS DENIED.

-

ORAL MOTION FOR ATTORNEY FEES BY RESPONDENT IS

DENIED.

-

BOTH PARTIES ARE REMINDED BY THE COURT OF THEIR

FAMILY COURT SERVICES APPOINTMENT FOR THEIR

VICTORVILLE CASE.

COMPLAINT STAGE AT DISPOSITION – OTHER DISMISSAL BEFORE HEARING (FL)

DISPOSITION OTHER DISMISSAL BEFORE HEARING (FL)

COURT ORDERS ENTIRE ACTION DISMISSED WITHOUT PREJUDICE. REASON: REQUEST DENIED..

ACTION – COMPLETE

=== MINUTE ORDER END ===

Case FAMMS900840 – KATIE TAGLE -N- STEPHEN GARCIA

Viewed

Date

Action Text

Disposition

Image

 

01/26/2010

FEE PAYMENT

Not Applicable

 
 

01/26/2010

FEE PAYMENT

Not Applicable

 
 

01/12/2010 9:00 AM DEPT. M3

OSC RE: DOMESTIC VIOLENCE FILED BY KATIE TAGLE - Minutes

Pre-D Complete

 
 

01/11/2010

ANDREW H. LUND IS REMOVED AS ATTORNEY FOR STEPHEN GARCIA, AND PRO/PER IS ADDED AS ATTORNEY OF RECORD.

Not Applicable

 
 

01/08/2010

PROOF OF SERVICE OF SUPP DECL BY KATIE TAGLE BY MAIL ON 01/07/10 AS TO ATTORNEY ANDREW LUND, FILED.

Not Applicable

 
 

01/08/2010

DECLARATION OF KATIE M TAGLE FILED

Not Applicable

 
 

01/05/2010

PROOF OF SERVICE OF ANSWER TO TRO/IE BY MAIL ON 01/05/10 AS TO KATIE TAGLE, FILED.

Not Applicable

 
 

01/05/2010

INCOME AND EXPENSE DECLARATION FILED BY STEPHEN GARCIA

Not Applicable

 
 

01/05/2010

ANSWER TO TEMPORARY RESTRAINING ORDER FILED BY STEPHEN GARCIA, PARTY REPRESENTED BY ANDREW H. LUND.

Not Applicable

 
 

12/15/2009 8:29 AM DEPT. M3

EX-PARTE MOTION RE: DOMESTIC VIOLENCE -Minutes

Pre-D Complete

 
 

12/11/2009

CERTIFICATE OF ASSIGNMENT RECEIVED.

Not Applicable

 
 

12/11/2009

EX PARTE RE: DOMESTIC VIOLENCE FILED BY KATIE TAGLE

   
 

12/11/2009

REQUEST FOR ORDER DOMESTIC VIOLENCE PREVENTION

Not Applicable

 
 

12/11/2009

REQUEST AND PARTY INFORMATION ENTERED.(DV)

Not Applicable

 

See the heartbreaking MySpace page that belongs to the father and the bizzare RIP on it.

Another scary indicator:  Stephen Garcia’s website he set up on his obsession with Katiehere.

Judge J. David Mazurek needs to held accountable on this, and charged as an accomplice in this murder.  This needs to happen to every judge that allows abusers to take children, and then hurt or murder them.  Maybe then judges will start taking domestic violence seriously.  Thanks to the father’s rights advocates and their “false allegations” drivel, they have turned America’s judges into a bunch of pussies who absolutely have no clue.  Just get the child to the father….doesn’t matter if he is violent or not.  It is time to stop listening to the mantra from these groups and start taking these violent guys seriously, and start putting judges in prison that don’t.

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Socal dad who planned child's death on facebook

 

This is the same story from the other day. Another article. The comments are unbelievable.

The judge needs to be removed. There is so much evidence of this guys plot to kill, and to top it off it seems his friends and family may have helped.

If you want a story to publicize the problems, this one shouldn't be ignored. FYI-he had no arrests for dv or abuse.

Not every guy like this will kill, but there sure as hell will make mom's life and the child's life a living hell and do everything they can to take the child from the mom.

http://www.detrimentalind.com/

http://www.vvdailypress.com/news/hills-17062-son-pinon.html

 

ilovemikey07 wrote:

I am so angry.. I knew this guy, I went to school with him! The mother tried to protect her child and look what happened! She had so much proof that Stephen was a danger to Wyatt. I posted this link on my FB page, and I was attacked by a "friend" of Stephen's. This person also refuses to read the website or Stephen's facebook page. This guy put all of his stuff out there, he made a special website http://www.Detrimentalind.com he posted it on his FB page http://www.facebook.com/?ref=home#/StephenKatieWyatt?v=wall&ref=search

All the proof is right there and no one helped saved the baby, someone even went as far in assisting in the murder! That person who posted the suicide letters had to have known what Stephen was going to do, and instead of helping save the baby he/she helped kill the child.


I wish that when FB suggested I become "friends" with Stephen I would have done it, because I know that if I would have seen those posts I would have been on the phone calling some police or doing whatever I could to stop it and have that guy committed... but the system couldn't even listen to the mother, so I don't think I would have gotten anywhere

 

2/2/2010 12:45 AM PST on VVDailypress.com

 

ilovemikey07 wrote:

I am so angry.. I knew this guy, I went to school with him! The mother tried to protect her child and look what happened! She had so much proof that Stephen was a danger to Wyatt. I posted this link on my FB page, and I was attacked by a "friend" of Stephen's. This person also refuses to read the website or Stephen's facebook page.

This guy put all of his stuff out there, he made a special website http://www.Detrimentalind.com he posted it on his FB page http://www.facebook.com/?ref=home#/StephenKatieWyatt?v=wall&ref=search all the proof is right there and no one helped saved the baby, someone even went as far in assisting in the murder! That person who posted the suicide letters had to have known what Stephen was going to do, and instead of helping save the baby he/she helped kill the child.


I wish that when FB suggested I become "friends" with Stephen I would have done it, because I know that if I would have seen those posts I would have been on the phone calling some police or doing whatever I could to stop it and have that guy committed... but the system couldn't even listen to the mother, so I don't think I would have gotten anywhere

2/2/2010 12:45 AM PST on VVDailypress.com

http://www.vvdailypress.com/news/hills-17062-son-pinon.html

Pinon Hills man plans murder of infant son, suicide on Facebook

Comments 21 | Recommend 6

February 01, 2010 11:19 PM

Beatriz Valenzuela

In a chilling letter posted on Facebook for anyone to see, Stephen Garcia, 25, of Pinon Hills appears to detail how he planned his suicide and the murder of his 9-month-old son.

“I led everyone on my side of the family to believe I wouldn’t of done this because I did not want them to know...” the letter reads. “I had been thinking about doing this for months.”

The post may help San Bernardino County Sheriff’s Homicide investigators piece together what led to the Sunday morning tragedy, when Garcia took his infant son during a court-ordered visitation, drove to a dirt road in Twin Peaks and ended both of their lives.

In the letter posted to his Facebook profile, Garcia claimed the deaths were an attempt to save his son from a difficult life — and to punish the baby’s mother, Katie Tagle, for refusing to come back to him.

“Our deaths are a lot for her,” the post continues. “It will have to suffice as her punishment. But that is not the reason I did it. It was the only way we could be happy without Katie. I did this out of love for our son, to protect him and myself.”

Saved letters, text messages and massive files containing e-mails and other correspondence give a glimpse into Garcia’s obsession, cursing Tagle and her family in some posts and asking her to return to him in others.

Court documents tell more of the story, with Tagle filing a request for a domestic violence restraining order on Dec. 11, 2009. On Jan. 12 that order was denied, as it was found Garcia was not a “threat to petitioner or the minor child.”

A search of his criminal record showed no history of domestic violence, battery or similar offenses in San Bernardino County. However, in one of a slew of other online letters attributed to Garcia, it states, “I’m sorry for hurting you. I’m sorry for hitting you. I’m sorry I made the wrong choices.”

On Jan. 17, shortly after the final visit with Judge David Mazurek, Garcia joined a Facebook group called “Organ Donor.”

In the days leading up to the murder-suicide, Garcia posted a half-dozen videos and dozens of photos of Wyatt with cryptic captions such as, “Please, it’s not too late.”

On his MySpace page, his mood over the last week was listed as “tested,” “bummed” and “scared,” with “one more day :(” his final post.

Hours before officials got a call Saturday night that Wyatt was missing and Garcia had threatened to kill him, he made his final online post: “We love you all.”

The suicide note was posted on Garcia’s Facebook profile Sunday, about eight hours after Hesperia Sheriff’s deputies found the bodies in Garcia’s car. It appears Garcia left directions for someone to post the letter and make it public for everyone to see.

The lengthy post also reads as a will, with directions for how to distribute his possessions and personal notes to family members and friends. It also states that Garcia left a signed letter in his truck, confessing to the killings and explaining why he did them.

Though Garcia mentions using a gun, investigators have not released information on how he killed Wyatt and himself, stating only that they both died from “traumatic injuries.”

Anyone who may have information about this case is asked to call Detective Ryan Ford or Sgt. Frank Montanez at the Sheriff’s Homicide Detail at (909) 387-3589 or call WeTip at (800) 78-CRIME.
Brooke Edwards and Natasha Lindstrom contributed to this report.


Beatriz E. Valenzuela may be reached at 951-6276 or at BValenzuela@VVDailyPress.com.

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Monday, February 1, 2010

Kansas Lawmakers Heard Testimony Today on Domestic Violence Law HB 2517

 

Kansas lawmakers heard testimony Monday about a new proposed domestic violence law. Members of the house committee on corrections and juvenile justice heard testimony about a bill to assist the criminal justice system in documenting crimes linked to domestic violence and track repeated offenders.

Posted: 5:32 PM Feb 1, 2010
Reporter: Stephanie Ramos
Email Address: stephanie.ramos@wibw.com


 

Kansas lawmakers gathered Monday to hear testimony about a new proposed domestic violence law. The bill proposed Monday will track people who are continuously domestic violence offenders..... one victim's family was there to support not just their daughter but everyone who may be affected.

Jana Mackey, a University of Kansas law student was only 25 years old when she was murdered by her ex boyfriend 18 months ago.

"My hope is that we get a positive reaction from the house committee members and that next week when they take a vote on this bill..hopefully they will support it and move it on to the full house..by the end of the session bill for the governor to sign." says Curt Brungardt, stepfather of victim Jana Mackey.

The Brungardt's say proposed house bill 2517 is a good way to keep track of domestic violence crimes but will also reduce the amount of offenders...

The family hopes that when the bill is voted on next week it will pass on to the next level and that by the end of the session the bill will be ready to be signed by the governor.

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Douglas J. Miles Chief Deputy DA Colorado Springs CO. DV Specialist

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Ed Klumpp_ Ass. Chief of Police_ Peace Officers_ Sherriff's

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Jenny Marsh Director of Crime Victim Services

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Judge Welch Johnson County Courthouse

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KSNOW

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Mark Gleason OPPOSED

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Sandy Barnett KCSDV

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