This is a great article describing the horrors many abused women face when their domestic violence case is heard in family court rather than criminal court. I was unaware of this when I faced the biased, heartless commissioner who ruled over me in "X" County, WA. Also, at the time, I was unaware that she ranks as the absolute WORST commissioner or judge in the entire state.
(Full article here)
From
Women's Justice Center :
".......
the family law and family court system remain a flawed and risky venue for victims of family violence. It's especially risky for victims who present claims of violence and abuse in family court without any criminal case documents to back up those claims."
"
When victims of violence against women try to deal with a violent relationship in family court, it's as if the victim, herself, is getting into a boxing ring with the violent perpetrator; a boxing ring where the victim must fight it out with her abuser using only her own devises. In contrast, in criminal court, it's the all powerful state that gets in the boxing ring with the abuser.
In family court, the family issue at hand - whether custody, divorce, visitation, or restraining orders, etc. - is deemed a private matter of such minor consequence to the community that the two individuals in a family court case are on their own; each responsible for investigating, preparing, conducting, and defending their own cases. To be sure, they are each free to hire their own private attorney to help them if they wish - or if they can. But this factor also generally serves to further disadvantage a victim of family violence and to further empower a violent abuser, since it's usually the abuser who controls the family funds and can hire a private attorney, and the victim who cannot."
AND:
"In Family Court an Abuser can Launch Free Ranging Counterattacks against the Victim.
In Criminal Court, Counterattacks by the Abuser Are Forbidden or Tightly Restricted.
In family court the two contesting parties are presumed to be equal, basically law abiding individuals who have a disagreement over a private family matter. A core assumption of family law is that family disputes are not criminal disputes. As such, there are few safeguards built into the family court system to protect against the criminal dynamics that dominate family disputes in cases of family violence.
In addition, the accusations the victim makes in family court, no matter how serious, carry no more authority than one private person's say so. Given the totality of this framework, one of the most serious consequences is that when a family violence victim opens a case in family court against her abuser, the abuser is given equal opportunity, not only to fight back against the victim's accusations, but to put forth his own set of accusations against her."
In my case, I had to listen to Floyd's childish, aggressive lawyer bring up completely unrelated things to "prove" to the court that I was nothing more than a bitter woman who was angry about being served custody papers. She told the court about how I had traveled all over the world, making me sound like some sort of wild, out of control female. My own, wimpy attorney said nothing in my defense, despite my urging. I had taken THREE trips overseas BEFORE my daughter was ever born.....during my vacation times. Three measly vacations in all of my decades of life had absolutely NOTHING to do with Floyd bashing my face into a door frame in a fit of anger. The (dis)honorable commissioner even brought up my travels when explaining, in her ruling, why she didn't believe me. Instead, she sided with a man who had a history of fleeing his country to avoid arrest and living in multiple other countries before coming to the U.S. and staying illegally.....a man who, as was proven in THREE courts, committed perjury to obtain custody papers behind my back and ABDUCT my daughter in the middle of the night. The commissioner also stated that it came down to an issue of credibility. WHAT?!
AND:
"In family court, no matter how horrendous the violence claimed by the victim, the abuser is free to make any counter charges he wishes against the victim. And precisely because the abusers are, in reality, violent criminals, many seize the opportunity with a vengeance. They hurl all manner of back attacks, true or false, often with false evidence and false witnesses to back them up. You don't have to work with domestic violence victims for very long before you see the endless procession of cases where the batterers easily fashion the family court system into one more weapon he can wield against the victim, and a very sophisticated weapon at that.
For example, consider the case of a domestic violence victim who petitions family court to obtain a domestic violence restraining order against her abuser. Even if the family court grants the victim's request by giving her a temporary restraining order, the court simultaneously sets a date a few weeks hence for both the victim and the abuser to come back into court and to fight it out.
It's at that next court date that the abuser so often comes into court fully armed not only to shoot down her accusations, but also to launch his own set of unrestricted accusations against the victim. True or untrue, he piles it on: 'she uses drugs', 'hits the kids', 'neglects the kids', 'drives drunk', 'is crazy', 'won't get a job.' 'works all the time,' 'is mentally ill', "spends the rent money," and whatever other rant comes into his abusive head.
When this happens, as it so often does, victims who didn't understand the family court system are stunned. They naively appealed to the family court thinking the court's purpose was to protect victims like her from a perpetrator's abuse. She reached out to the court because she was already exhausted by the abuser. Now look! She not only has the burden of proving her own case against a violent perpetrator, she must now also mount a defense against as many accusations as the batterer wishes to hurl against her. And she must do it in an arena that was never really built to deal with, nor protect against, criminal behavior."
I was indeed called "crazy" though there was nothing to back up that accusation....unless going on overseas vacations is a symptom of craziness. I also had to stand there, with my silent, uncaring attorney, and be chastised by the commissioner about not bruising quickly enough. My bruises very rarely show up immediately. I'm a pretty healthy person. It's an extremely normal thing to not bruise within 30 minutes of receiving blows to the body. In fact, most of my bruises don't show up until the next day. NORMAL. Floyd's own video of me from shortly after the assault showed the beginning of my black eye, but the commissioner did not find that proof enough since the other bruising was not yet visible in the poor-quality video.
The commissioner also said she did not believe that my claims of abuse at the hands of Floyd in the years prior could be true because.....GET THIS: I had not reported those incidents to the police, and she had never heard of a woman not reporting a domestic violence assault. Even my attorney said he was baffled about that statement.
Washington State, in their own guidelines for CPS social workers, states that many women do not report domestic violence, gives the reasons for it, and trains their workers to be aware of that. But this stupid, worthless, harmful commissioner has NEVER heard of such a far-out thing.
AND:
"Family Court Can Take Harmful Actions Against the Victim. Criminal Court Cannot Take Any Action Against the Victim.
This last distinction we discuss between the family law and criminal law system is perhaps the most ironic. At the same time that the family law system provides only minimal protections for victims of family violence, it also has the power to take devastating actions against them. The most tragic example of this occurs when the family court wrongly gives custody of the couple's children to the abuser (see Part IV). Less severe examples, but more common, occur when victims who go into family court attempting to get the abuser out of their lives, and end up under family court orders that bind her to him in ways that are oppressive or dangerous to her, or to the children."
"....end up under family court orders that bind her to him in ways that are oppressive or dangerous to her, or to the children."
That is exactly what happened to Ava and me. The commissioner forced us, already extremely vulnerable, into an impossible and dangerous situation by making us stay in Washington State, in the same exact area, with no resources, no friends, no family, no job, and no way to go home where we had complete safety and an ability for me to financially support us. In addition, she ordered me to vacate Floyd's apartment within 30 days, knowing full well there was no way I could raise the funds or earn enough money to move into a place in that same exact school district in such a short time. She effectively gave us the choice of being homeless or continuing to live with Floyd.
By reporting Floyd's assault, I damaged my chances at protecting Ava in the pending custody battle. I was battered and traumatized all over again by the family court. I knew I would never be able to report him again (who would want to go through that court room hell again?) , and he knew he was now empowered to do whatever he wanted. He frequently reminded me that if I ever went to the police again, I would never see Ava again. He reminded me that the court viewed me as a trouble maker, and nobody would ever listen to me.
His temper then went unabated. He knew he had been granted the power to torment us relentlessly and he exercised zero control over his abuse, both physical and emotional. His rages intensified. We had to endure it. There was nowhere to turn.
Thank you to a failed, immensely screwed-up family court.
Note: This commissioner has quite the reputation for putting women and children in bad situations. She is known for ruling in favor of abusers. I have no doubt that her conduct should be investigated, and I know that numerous local attorneys would agree.