California Can Take Kids From Abused Moms. Why the Separation Can Harm Both
'He Will Find Me': The Story of a Woman, Her Killer, and How California Courts Fail to Disarm Abusers
'Where Did This Start?' In Yurok Domestic Violence Program, Understanding Generational Roots of Trauma Is Key
‘This Is Who He Is’: Mara Reinhardt Reveals Extent of Alleged Family Abuse by Prominent SF Politico Nate Ballard
Immigrant Advocates Urge Biden Administration to End Trump Restrictions on Asylum for Domestic Violence Victims
How to Shelter in Place if You Live With Domestic Abuse
From Gig Worker Protections to a Rent Increase Cap: California's New State Laws
Who Do You Call for Help When Your Abuser Is a Cop?
San Francisco Expands Anti-Domestic Violence Program in Bayview
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Jeremy grew up in Cincinnati, Ohio, and graduated from UC Berkeley.","avatar":"https://secure.gravatar.com/avatar/3921a64ceb9ed5d0ba47d9ae9782f1ab?s=600&d=blank&r=g","twitter":"jersiegel","facebook":null,"instagram":null,"linkedin":null,"sites":[{"site":"arts","roles":["editor"]},{"site":"news","roles":["subscriber"]},{"site":"science","roles":["editor"]}],"headData":{"title":"Jeremy Siegel | KQED","description":"KQED Contributor","ogImgSrc":"https://secure.gravatar.com/avatar/3921a64ceb9ed5d0ba47d9ae9782f1ab?s=600&d=blank&r=g","twImgSrc":"https://secure.gravatar.com/avatar/3921a64ceb9ed5d0ba47d9ae9782f1ab?s=600&d=blank&r=g"},"isLoading":false,"link":"/author/jeremysiegel"},"akusmer":{"type":"authors","id":"11361","meta":{"index":"authors_1591205172","id":"11361","found":true},"name":"Anna Kusmer","firstName":"Anna","lastName":"Kusmer","slug":"akusmer","email":"akusmer@kqed.org","display_author_email":false,"staff_mastheads":[],"title":"News Intern","bio":"Anna Kusmer was a 2018 KQED News intern. She has worked as an ecologist and a hamburger flipper. She is also a freelance writer with stories appearing in NPR and PBS.","avatar":"https://secure.gravatar.com/avatar/307ee2fc39d2a9dffeaad0482e616c80?s=600&d=blank&r=g","twitter":"askusmer","facebook":null,"instagram":null,"linkedin":null,"sites":[{"site":"news","roles":["subscriber"]},{"site":"futureofyou","roles":["editor"]},{"site":"science","roles":["editor"]}],"headData":{"title":"Anna Kusmer | KQED","description":"News Intern","ogImgSrc":"https://secure.gravatar.com/avatar/307ee2fc39d2a9dffeaad0482e616c80?s=600&d=blank&r=g","twImgSrc":"https://secure.gravatar.com/avatar/307ee2fc39d2a9dffeaad0482e616c80?s=600&d=blank&r=g"},"isLoading":false,"link":"/author/akusmer"},"mwiley":{"type":"authors","id":"11526","meta":{"index":"authors_1591205172","id":"11526","found":true},"name":"Michelle Wiley","firstName":"Michelle","lastName":"Wiley","slug":"mwiley","email":"mwiley@KQED.org","display_author_email":true,"staff_mastheads":[],"title":null,"bio":"Michelle Wiley was the senior editor of weekends.","avatar":"https://secure.gravatar.com/avatar/3b897d82a09e8587e8e73fa69fbcc635?s=600&d=blank&r=g","twitter":"michelleewiley","facebook":null,"instagram":null,"linkedin":null,"sites":[{"site":"","roles":["editor"]},{"site":"arts","roles":["editor"]},{"site":"news","roles":["subscriber"]},{"site":"lowdown","roles":["editor"]},{"site":"science","roles":["editor"]},{"site":"podcasts","roles":["editor"]}],"headData":{"title":"Michelle Wiley | KQED","description":null,"ogImgSrc":"https://secure.gravatar.com/avatar/3b897d82a09e8587e8e73fa69fbcc635?s=600&d=blank&r=g","twImgSrc":"https://secure.gravatar.com/avatar/3b897d82a09e8587e8e73fa69fbcc635?s=600&d=blank&r=g"},"isLoading":false,"link":"/author/mwiley"},"slin":{"type":"authors","id":"11680","meta":{"index":"authors_1591205172","id":"11680","found":true},"name":"Shannon Lin","firstName":"Shannon","lastName":"Lin","slug":"slin","email":"slin@KQED.org","display_author_email":false,"staff_mastheads":["news"],"title":"KQED Contributor","bio":null,"avatar":"https://secure.gravatar.com/avatar/933be81059ee104afe4b7976547cf552?s=600&d=blank&r=g","twitter":null,"facebook":null,"instagram":null,"linkedin":null,"sites":[{"site":"news","roles":["subscriber"]},{"site":"forum","roles":["editor"]}],"headData":{"title":"Shannon Lin | KQED","description":"KQED Contributor","ogImgSrc":"https://secure.gravatar.com/avatar/933be81059ee104afe4b7976547cf552?s=600&d=blank&r=g","twImgSrc":"https://secure.gravatar.com/avatar/933be81059ee104afe4b7976547cf552?s=600&d=blank&r=g"},"isLoading":false,"link":"/author/slin"},"jrodriguez":{"type":"authors","id":"11690","meta":{"index":"authors_1591205172","id":"11690","found":true},"name":"Joe Fitzgerald Rodriguez","firstName":"Joe","lastName":"Fitzgerald Rodriguez","slug":"jrodriguez","email":"jrodriguez@kqed.org","display_author_email":true,"staff_mastheads":["news"],"title":"Reporter and Producer","bio":"Joe Fitzgerald Rodriguez is a reporter and digital producer for KQED covering politics. Joe most recently wrote for the \u003cem>San Francisco Examiner\u003c/em> as a political columnist covering The City. He was raised in San Francisco and has spent his reporting career in his beloved, foggy, city by the bay. Joe was 12-years-old when he conducted his first interview in journalism, grilling former San Francisco Mayor Willie Brown for the Marina Middle School newspaper, \u003cem>The Penguin Press, \u003c/em>and he continues to report on the San Francisco Bay Area to this day.","avatar":"https://secure.gravatar.com/avatar/2247beb0564c1e9c62228d5649d2edac?s=600&d=blank&r=g","twitter":"FitztheReporter","facebook":null,"instagram":"https://www.instagram.com/fitzthereporter/","linkedin":null,"sites":[{"site":"","roles":["editor"]},{"site":"arts","roles":["editor"]},{"site":"news","roles":["editor"]},{"site":"science","roles":["editor"]},{"site":"elections","roles":["editor"]},{"site":"liveblog","roles":["editor"]}],"headData":{"title":"Joe Fitzgerald Rodriguez | KQED","description":"Reporter and Producer","ogImgSrc":"https://secure.gravatar.com/avatar/2247beb0564c1e9c62228d5649d2edac?s=600&d=blank&r=g","twImgSrc":"https://secure.gravatar.com/avatar/2247beb0564c1e9c62228d5649d2edac?s=600&d=blank&r=g"},"isLoading":false,"link":"/author/jrodriguez"}},"breakingNewsReducer":{},"campaignFinanceReducer":{},"firebase":{"requesting":{},"requested":{},"timestamps":{},"data":{},"ordered":{},"auth":{"isLoaded":false,"isEmpty":true},"authError":null,"profile":{"isLoaded":false,"isEmpty":true},"listeners":{"byId":{},"allIds":[]},"isInitializing":false,"errors":[]},"navBarReducer":{"navBarId":"news","fullView":true,"showPlayer":false},"navMenuReducer":{"menus":[{"key":"menu1","items":[{"name":"News","link":"/","type":"title"},{"name":"Politics","link":"/politics"},{"name":"Science","link":"/science"},{"name":"Education","link":"/educationnews"},{"name":"Housing","link":"/housing"},{"name":"Immigration","link":"/immigration"},{"name":"Criminal Justice","link":"/criminaljustice"},{"name":"Silicon Valley","link":"/siliconvalley"},{"name":"Forum","link":"/forum"},{"name":"The California Report","link":"/californiareport"}]},{"key":"menu2","items":[{"name":"Arts & Culture","link":"/arts","type":"title"},{"name":"Critics’ Picks","link":"/thedolist"},{"name":"Cultural Commentary","link":"/artscommentary"},{"name":"Food & Drink","link":"/food"},{"name":"Bay Area Hip-Hop","link":"/bayareahiphop"},{"name":"Rebel Girls","link":"/rebelgirls"},{"name":"Arts Video","link":"/artsvideos"}]},{"key":"menu3","items":[{"name":"Podcasts","link":"/podcasts","type":"title"},{"name":"Bay Curious","link":"/podcasts/baycurious"},{"name":"Rightnowish","link":"/podcasts/rightnowish"},{"name":"The Bay","link":"/podcasts/thebay"},{"name":"On Our Watch","link":"/podcasts/onourwatch"},{"name":"Mindshift","link":"/podcasts/mindshift"},{"name":"Consider This","link":"/podcasts/considerthis"},{"name":"Political Breakdown","link":"/podcasts/politicalbreakdown"}]},{"key":"menu4","items":[{"name":"Live Radio","link":"/radio","type":"title"},{"name":"TV","link":"/tv","type":"title"},{"name":"Events","link":"/events","type":"title"},{"name":"For Educators","link":"/education","type":"title"},{"name":"Support KQED","link":"/support","type":"title"},{"name":"About","link":"/about","type":"title"},{"name":"Help Center","link":"https://kqed-helpcenter.kqed.org/s","type":"title"}]}]},"pagesReducer":{},"postsReducer":{"stream_live":{"type":"live","id":"stream_live","audioUrl":"https://streams.kqed.org/kqedradio","title":"Live Stream","excerpt":"Live Stream information currently unavailable.","link":"/radio","featImg":"","label":{"name":"KQED Live","link":"/"}},"stream_kqedNewscast":{"type":"posts","id":"stream_kqedNewscast","audioUrl":"https://www.kqed.org/.stream/anon/radio/RDnews/newscast.mp3?_=1","title":"KQED Newscast","featImg":"","label":{"name":"88.5 FM","link":"/"}},"news_11969521":{"type":"posts","id":"news_11969521","meta":{"index":"posts_1591205157","site":"news","id":"11969521","score":null,"sort":[1702247415000]},"guestAuthors":[],"slug":"california-can-take-kids-from-abused-moms-why-the-separation-can-harm-both","title":"California Can Take Kids From Abused Moms. Why the Separation Can Harm Both","publishDate":1702247415,"format":"standard","headTitle":"California Can Take Kids From Abused Moms. Why the Separation Can Harm Both | KQED","labelTerm":{"term":18481,"site":"news"},"content":"\u003cp>Worried that her abusive partner would kill her or her boys, Jackie had nowhere to go and no one to ask for help. She said her partner had angry outbursts, beat her, degraded her and destroyed things in the house. She knew she had to escape.\u003c/p>\n\u003cp>She called the Los Angeles County Department of Children and Family Services, hoping for a path to a safe place to stay. Instead, she received a warning that struck a different kind of fear in her.\u003c/p>\n\u003cp>If she didn’t leave her partner within 30 days, the child welfare agency would take her four boys.\u003c/p>\n\u003cp>“When I asked for help, they wanted to separate us,” said Jackie, 39, who asked not to use her full name to protect her children’s privacy.\u003c/p>\n\u003cp>The agency’s warning is rooted in a nearly 40-year-old California law that allows child welfare agencies to remove children when they believe an abused parent cannot ensure their kids’ safety. Called “failure to protect,” the law is intended to safeguard kids in dangerous situations.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>[pullquote size=\"medium\" align=\"right\" citation=\"Emily Berger, lawyer, Los Angeles Dependency Lawyers\"]‘But what we’ve found, and science backs up, is that being removed from your community, your family of origin and your primary caregiver has such a tremendous impact upon a child’s healthy brain development and ability to form attachments.’[/pullquote]But the longstanding practice is facing continued scrutiny as domestic violence advocates raise concerns about the potential to traumatize families further. Meanwhile, other states with similar laws have narrowed the criteria for when a welfare agency can remove a child. Many states have “failure to protect” laws, but California’s is comparably vague, giving social workers wide latitude in deciding when to remove kids.\u003c/p>\n\u003cp>“I just don’t understand how ‘failure to protect’ exists, either as a fair thing or a legal principle,” said Eve Sheedy, a lawyer and expert in domestic violence policy, including as former director of\u003ca href=\"http://publichealth.lacounty.gov/dvcouncil/about/about.htm\"> LA County Domestic Violence Council\u003c/a>.\u003c/p>\n\u003cp>The law puts child welfare workers in the unenviable position of deciding what is more harmful to children — the trauma of being separated from their family or the risks of witnessing more violence or even becoming a target.\u003c/p>\n\u003cp>And it can leave domestic violence victims feeling as if they are being punished for their partners’ abuse.\u003c/p>\n\u003cp>“Right now, the victims are seen just like a perpetrator,” said Marie, 36, a domestic violence survivor who said the Los Angeles child welfare agency took her children from her after her partner abused her. The kids continue to live with their grandparents. Marie also spoke on the condition that her full name would not be published to protect her kids’ privacy.\u003c/p>\n\u003cp>Changing the law is difficult in part because lawmakers and social workers share a commitment to protecting children, and they worry about a shift that could endanger kids.\u003c/p>\n\u003cp>CalMatters spoke with four mothers who lost children because of a failure to protect order, five current and former social workers, eight domestic violence policy experts and advocates and two state lawmakers for this story.\u003c/p>\n\u003cp>All of them stressed that protecting children was their highest priority. Several cited two notorious murders in Los Angeles County where the welfare agency failed to remove children to underscore the hazards of allowing kids to remain in violent households. One was \u003ca href=\"https://www.latimes.com/local/countygovernment/la-me-gabriel-fernandez-20140819-story.html\">Gabriel Fernandez\u003c/a>, who suffered years of gruesome torture and abuse before he was fatally beaten at age 8 in 2013 by his mother and her boyfriend. The other was \u003ca href=\"https://www.latimes.com/local/lanow/la-me-boy-death-20180623-story.html\">Anthony Avalos\u003c/a>, who was also tortured and abused by his mother and her boyfriend before his death at age 10 in 2018.\u003c/p>\n\u003cp>\u003cstrong>“\u003c/strong>In my opinion, the system really did fail those kids,” said Assemblyman\u003ca href=\"https://ad34.asmrc.org/biography/\"> Tom Lackey\u003c/a>, a Palmdale Republican who has been a teacher and a California Highway Patrol officer.\u003c/p>\n\u003cp>He said he has dealt more with children who should’ve been removed from unsafe situations than with unnecessary separations from abused parents for “failure to protect.”\u003c/p>\n\u003cp>[aside postID=\"news_11964331,news_11945997\" label=\"Related Stories\"]No one can say how many California children are separated from family members every year under the law because neither the state nor counties collect that information. The closest estimate comes from a recent report by the UCLA Pritzker Center that showed more than half of Los Angeles County’s 38,618 foster care cases in 2020 involved domestic violence.\u003c/p>\n\u003cp>Jackie, the mother who was alarmed when she received a “failure to protect” warning six years ago, believes the law discourages women from reporting domestic violence.\u003c/p>\n\u003cp>“A lot of women don’t say anything because of fear of being separated from their kids,” she said.\u003c/p>\n\u003ch2>Separation after abuse, drug use\u003c/h2>\n\u003cp>Marie is soft-spoken with sparkling eyes and a gentle manner. She said as a teenager, she got hooked on prescription opioids and was addicted for years. She stopped using in 2015, and within a little more than a year, she graduated from college, got married and had two babies.\u003c/p>\n\u003cp>“It was all too much, and I started using again,” Marie said.\u003c/p>\n\u003cp>Marie said her ex-husband was also addicted to drugs and when he was using, he physically abused her.\u003c/p>\n\u003cfigure id=\"attachment_11969525\" class=\"wp-caption aligncenter\" style=\"max-width: 2000px\">\u003ca href=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2023/12/092923-LA-Domestic-Violence-AJ-CM-19.jpg\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-full wp-image-11969525\" src=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2023/12/092923-LA-Domestic-Violence-AJ-CM-19.jpg\" alt=\"A woman wearing a blue floral shirt, leans her right arm against a pole outside by a house.\" width=\"2000\" height=\"1333\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2023/12/092923-LA-Domestic-Violence-AJ-CM-19.jpg 2000w, https://cdn.kqed.org/wp-content/uploads/sites/10/2023/12/092923-LA-Domestic-Violence-AJ-CM-19-800x533.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2023/12/092923-LA-Domestic-Violence-AJ-CM-19-1020x680.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2023/12/092923-LA-Domestic-Violence-AJ-CM-19-160x107.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2023/12/092923-LA-Domestic-Violence-AJ-CM-19-1536x1024.jpg 1536w, https://cdn.kqed.org/wp-content/uploads/sites/10/2023/12/092923-LA-Domestic-Violence-AJ-CM-19-1920x1280.jpg 1920w\" sizes=\"(max-width: 2000px) 100vw, 2000px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Marie at her home in Culver City on Sept. 29, 2023. Marie lived at Community’s Child after leaving a domestic violence relationship and battling past addictions. She now owns her home and has built a new life for herself and her children. \u003ccite>(Alisha Jucevic/CalMatters)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cfigure id=\"attachment_11969526\" class=\"wp-caption aligncenter\" style=\"max-width: 2000px\">\u003ca href=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2023/12/092923-LA-Domestic-Violence-AJ-CM-24.jpg\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-full wp-image-11969526\" src=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2023/12/092923-LA-Domestic-Violence-AJ-CM-24.jpg\" alt=\"A person holds a handwritten note with butterfly and flower stickers.\" width=\"2000\" height=\"1333\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2023/12/092923-LA-Domestic-Violence-AJ-CM-24.jpg 2000w, https://cdn.kqed.org/wp-content/uploads/sites/10/2023/12/092923-LA-Domestic-Violence-AJ-CM-24-800x533.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2023/12/092923-LA-Domestic-Violence-AJ-CM-24-1020x680.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2023/12/092923-LA-Domestic-Violence-AJ-CM-24-160x107.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2023/12/092923-LA-Domestic-Violence-AJ-CM-24-1536x1024.jpg 1536w, https://cdn.kqed.org/wp-content/uploads/sites/10/2023/12/092923-LA-Domestic-Violence-AJ-CM-24-1920x1280.jpg 1920w\" sizes=\"(max-width: 2000px) 100vw, 2000px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Marie holds a card from one of her kids at her home in Culver City. The card reads, “Thank you for being a very good mom. You been thru a lot but you are still the beast mom in the world.” Marie lived at Community’s Child after leaving a domestic violence relationship and a past of addiction. She now owns her home and has built a new life for herself and her children. \u003ccite>(Alisha Jucevic/CalMatters)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>The Department of Children and Family Services removed Marie’s kids for failure to protect them due to domestic violence and substance abuse. At ages 1 and 2, the kids had about a one-week stay in a group home. Marie’s parents adopted the children within six months of opening her case. Adoption typically takes a year or more.\u003c/p>\n\u003cp>She pulled herself out of addiction after she became pregnant again and didn’t want to lose custody of a third child. She entered a substance abuse program in 2017. Next, she and her 2-month-old infant entered Community’s Child, a shelter and development program for homeless single mothers “motivated to achieve self-sufficiency.” Marie now owns her own home and works full-time in the medical field.\u003c/p>\n\u003cp>She and her ex-husband have made peace and co-parent all three children, though the two older kids still live with Marie’s parents. Marie said the kids were very young during the violence and didn’t remember it, but she is still traumatized by the separation.\u003c/p>\n\u003cp>“I wasn’t able to heal in the six months that they gave me,” Marie said. “My family would’ve been a lot different if we had more time.”\u003c/p>\n\u003cp>https://youtu.be/gvy3EjgmHFA?si=fIg0YFDOeAdv2xVH\u003c/p>\n\u003cp>Marie’s circumstances are not unusual. \u003ca href=\"https://www.ncbi.nlm.nih.gov/books/NBK64441/\">One-quarter to one-half\u003c/a> of domestic violence cases occur with other problems, such as \u003ca href=\"https://bmcpublichealth.biomedcentral.com/articles/10.1186/1471-2458-11-109\">parental substance abuse\u003c/a> or mental illness, intergenerational trauma or unemployment, among other stressors.\u003c/p>\n\u003cp>Her story illustrates the difficult choices social workers face every day.\u003c/p>\n\u003ch2>Risk of staying and the risk of removal\u003c/h2>\n\u003cp>The Los Angeles Department of Children and Family Services is the largest child welfare agency in the world, with a budget of nearly $2.8 billion and oversight of \u003ca href=\"https://dcfs.lacounty.gov/wp-content/uploads/2023/08/Factsheet-FY-2022-2023.pdf\">more than 25,000 children\u003c/a> annually. In 2022, 90% of the kids were 18 and younger and more than two-thirds were Black or Hispanic.\u003c/p>\n\u003cp>If a social worker makes the wrong call, children can pay the price with their health or their lives.\u003c/p>\n\u003cp>Two former child welfare social workers said they felt supported by their agency, but deciding when a child was at risk of harm felt like their responsibility, which was difficult and emotionally exhausting.\u003c/p>\n\u003cp>“Child welfare is a judgment-based system. It is human-driven and based upon sticky, personal family dynamic facts,” said Brandon Nichols, director of the \u003ca href=\"https://dcfs.lacounty.gov/\">Department of Children and Family Services\u003c/a>, Los Angeles County’s child protection agency.\u003c/p>\n\u003cp>In U.S. households with domestic violence, \u003ca href=\"https://www.childwelfare.gov/topics/can/factors/family/domviolence/\">30% to 60% also have child maltreatment\u003c/a>, including physical abuse or neglect. In 2020, \u003ca href=\"https://www.cdc.gov/violenceprevention/childabuseandneglect/fastfact.html#:~:text=Child%2520abuse%2520and%2520neglect%2520are%2520common.&text=In%25202020%252C%25201%252C750%2520children%2520died,neglect%2520in%2520the%2520United%2520States.\">1,750 children died\u003c/a> from abuse or neglect in the United States.\u003c/p>\n\u003cp>Dr. Kelly Callahan, director of the\u003ca href=\"https://www.harbor-ucla.org/pediatrics/academics-4/general-pediatrics/hub/\"> Kids In the Dependency System\u003c/a> clinic at Harbor-UCLA Medical Center, said children who witness domestic violence often have psychological or emotional problems.\u003c/p>\n\u003cp>“Children who have witnessed violence between their caretakers can have PTSD (Post-Traumatic Stress Disorder), nightmares, sleep problems, school difficulties and more. They react the same way as children who have been abused,” Callahan said.\u003c/p>\n\u003cp>Because of such harm, proponents of “failure to protect” laws said they’re needed for children’s safety.\u003c/p>\n\u003cfigure id=\"attachment_11969524\" class=\"wp-caption aligncenter\" style=\"max-width: 2000px\">\u003ca href=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2023/12/092923-LA-Domestic-Violence-AJ-CM-08.jpg\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-full wp-image-11969524\" src=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2023/12/092923-LA-Domestic-Violence-AJ-CM-08.jpg\" alt=\"A room with chairs, a table, and books.\" width=\"2000\" height=\"1333\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2023/12/092923-LA-Domestic-Violence-AJ-CM-08.jpg 2000w, https://cdn.kqed.org/wp-content/uploads/sites/10/2023/12/092923-LA-Domestic-Violence-AJ-CM-08-800x533.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2023/12/092923-LA-Domestic-Violence-AJ-CM-08-1020x680.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2023/12/092923-LA-Domestic-Violence-AJ-CM-08-160x107.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2023/12/092923-LA-Domestic-Violence-AJ-CM-08-1536x1024.jpg 1536w, https://cdn.kqed.org/wp-content/uploads/sites/10/2023/12/092923-LA-Domestic-Violence-AJ-CM-08-1920x1280.jpg 1920w\" sizes=\"(max-width: 2000px) 100vw, 2000px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">The library and counseling room at Community’s Child in Lomita on Sept. 29, 2023. Community’s Child is a shelter and resource program that provides supplies, food and housing for women and infants who are struggling with homelessness, addiction and poverty. \u003ccite>(Alisha Jucevic/CalMatters)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>But \u003ca href=\"https://developingchild.harvard.edu/resources/aces-and-toxic-stress-frequently-asked-questions/\">separation from a parent\u003c/a> can be equally devastating for children. \u003ca href=\"https://www.cdc.gov/violenceprevention/aces/fastfact.html\">Adverse childhood experiences\u003c/a>, such as abuse or witnessing violence, contribute to poor mental and physical health well into adulthood, including risk for early death. A safe, secure relationship with a caring adult, such as a non-offending parent, can\u003ca href=\"https://developingchild.harvard.edu/science/key-concepts/resilience/\"> build resiliency\u003c/a> for a traumatized child.\u003c/p>\n\u003cp>“The courts will often say, ‘We know that being exposed to violence in the home alters a child’s brain chemistry, and we’re going to remove this child and place them in foster care,” said Emily Berger, a lawyer for\u003ca href=\"https://www.ladlinc.org/\"> Los Angeles Dependency Lawyers\u003c/a>, a nonprofit consortium of court-appointed lawyers who defend parents involved in dependency court.\u003c/p>\n\u003cp>“But what we’ve found, and science backs up, is that being removed from your community, your family of origin, and your primary caregiver has such a tremendous impact upon a child’s healthy brain development and ability to form attachments,” she said.\u003c/p>\n\u003ch2>Evolution of ‘failure to protect’\u003c/h2>\n\u003cp>The original \u003ca href=\"https://scholarlycommons.law.case.edu/cgi/viewcontent.cgi?article=1641&context=healthmatrix\">“failure-to-protect” laws\u003c/a> emerged in the 1960s in response to reports of child physical abuse. Under the laws, if a caregiver knew a child was being abused and didn’t report it, that \u003ca href=\"https://www.nyulawreview.org/issues/volume-76-number-1/whos-failing-whom-a-critical-look-at-failure-to-protect-laws/\">caregiver could be prosecuted\u003c/a> the same as the abuser.\u003c/p>\n\u003cp>California’s \u003ca href=\"https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=WIC§ionNum=300.\">failure to protect\u003c/a> law falls under a welfare code that states children can become dependents of the court if “the child has suffered or there is a substantial risk that the child will suffer, serious physical harm inflicted non-accidentally upon the child by the child’s parent or guardian.”\u003c/p>\n\u003cp>Listed among the criteria for substantial risk is “the failure or inability of the child’s parent or guardian to adequately supervise or protect the child.”\u003c/p>\n\u003cp>\u003ca href=\"https://lao.ca.gov/reports/2013/ssrv/child-neglect/child-neglect-080813.aspx#:~:text=Neglect%20Is%20the%20Most%20Common%20Reason%20for%20Foster%20Care%20Entry&text=Child%20neglect%20has%20been%20the,foster%20care%20entries%20since%202000.\">Neglect is the leading cause\u003c/a> for children to be placed under the courts’ jurisdiction. Failure to protect is often \u003ca href=\"https://www.childwelfare.gov/pubPDFs/neglect_ch2.pdf\">considered neglect\u003c/a> or emotional abuse in the child welfare and justice systems, including when it’s related to domestic violence.\u003c/p>\n\u003cp>As of 2015, 48 states and four U.S. territories had “failure to protect” laws: Maryland, Wyoming and Puerto Rico did not. The statutes designate the crimes as \u003ca href=\"https://scholarlycommons.law.case.edu/cgi/viewcontent.cgi?article=1641&context=healthmatrix\">misdemeanors or felonies\u003c/a>. In California, neglect is usually charged as a \u003ca href=\"https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=270.&lawCode=PEN\">misdemeanor.\u003c/a>\u003c/p>\n\u003cp>Failure to protect charges \u003ca href=\"https://capitalandmain.com/child-law-penalizes-moms-for-abusive-partners-10-16\">can lead to life sentences\u003c/a> for parents in six states — Oklahoma, Missouri, Nebraska, Nevada, South Carolina and West Virginia. In\u003ca href=\"https://talkpoverty.org/2019/10/25/failure-protect-child-welfare/index.html\"> Texas, the maximum penalty is 99 years\u003c/a>. For some non-offending parents, the penalties have been more severe than for the abuser.\u003c/p>\n\u003cp>Some states, such as New York and Washington, have moved in the \u003ca href=\"https://scholarlycommons.law.case.edu/cgi/viewcontent.cgi?article=1641&context=healthmatrix\">opposite direction \u003c/a>to protect the rights of abuse victims. The New York Court of Appeals in 2004 ruled that \u003ca href=\"https://www.nyclu.org/en/cases/nicholson-v-williams-defending-parental-rights-mothers-who-are-domestic-violence-victims\">witnessing domestic violence did not constitute neglect\u003c/a> and couldn’t be the sole basis for removing children from the non-offending parent.\u003c/p>\n\u003cp>State Sen. Susan Rubio, a Democrat from West Covina, two years ago carried a bill that would have compelled California to study domestic violence in the child welfare system. She told her colleagues at the time the law “fails to recognize” the trauma of a parent “who is a domestic violence survivor.” The bill did not reach Gov. Gavin Newsom.\u003c/p>\n\u003ch2>Would changing domestic violence law matter?\u003c/h2>\n\u003cp>Despite Rubio’s setback, some advocates for domestic violence victims outside of the Capitol are building a case to change California’s law.\u003c/p>\n\u003cp>The Pritzker Center report calls for \u003ca href=\"https://pritzkercenter.ucla.edu/wp-content/uploads/2021/05/Pritzker-Domestic-Violence-Report-Endnotes_final.pdf\">California to consider legislative\u003c/a> reforms similar to the New York Court of Appeals ruling. The report also calls for \u003ca href=\"https://pritzkercenter.ucla.edu/wp-content/uploads/2021/05/Pritzker-Domestic-Violence-Report-Endnotes_final.pdf\">better training\u003c/a> in the complexities of family violence for all child welfare workers, court officers and such mandated reporters as teachers and coaches.\u003c/p>\n\u003cp>“I think we could have legislation that said being victimized by domestic violence is not sufficient basis for charging neglect,” said Sheedy, the former director of LA County Domestic Violence Council.\u003c/p>\n\u003cp>This would be similar to California laws prohibiting the use of \u003ca href=\"https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202120220AB2085\">poverty\u003c/a> or homelessness as the sole basis for the removal of a child.\u003c/p>\n\u003cp>But others are urging more modest changes even as they express misgivings with the current policy. They worry about rescinding a policy intended to protect a child.\u003c/p>\n\u003cp>“There are definite concerns with ‘failure to protect’ and how it’s being used — it’s being used as a stick,” said Julie McCormick, a lawyer with the Children’s Law Center, a nonprofit legal organization representing children in the dependency system.\u003c/p>\n\u003cp>But, she said, “I wouldn’t say CLC (Children’s Law Center) has the stance that it should be gone. It’s too nuanced to do something blanket. I think that’s why it’s so hard to come up with legislation.”\u003c/p>\n\u003cp>The California Partnership to End Domestic Violence also has looked at the failure to protect the law. It isn’t calling for significant changes.\u003c/p>\n\u003cp>“It’s an issue we’ve tried to look at a couple of ways, but what makes sense statewide is tricky,” said Krista Colon, the partnership’s director.\u003c/p>\n\u003ch2>Ending generations of domestic violence\u003c/h2>\n\u003cp>Jackie, the mother of four boys who was frightened by the warning that she could lose her kids, became an advocate for domestic violence victims after her experience. She is now a parent-partner with the Los Angeles Defense Lawyers and helps other parents navigate the system.\u003c/p>\n\u003cp>Her sons are now 18, 13, 12 and 7. She is stylish and engaging with a ready smile, but she harbors deep trauma. She lived with an abusive partner, the father of her three younger boys, for 10 years.\u003c/p>\n\u003cfigure id=\"attachment_11969527\" class=\"wp-caption aligncenter\" style=\"max-width: 2000px\">\u003ca href=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2023/12/092923-LA-Domestic-Violence-AJ-CM-31.jpg\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-full wp-image-11969527\" src=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2023/12/092923-LA-Domestic-Violence-AJ-CM-31.jpg\" alt=\"A woman in a business suit sits in front of a desk.\" width=\"2000\" height=\"1333\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2023/12/092923-LA-Domestic-Violence-AJ-CM-31.jpg 2000w, https://cdn.kqed.org/wp-content/uploads/sites/10/2023/12/092923-LA-Domestic-Violence-AJ-CM-31-800x533.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2023/12/092923-LA-Domestic-Violence-AJ-CM-31-1020x680.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2023/12/092923-LA-Domestic-Violence-AJ-CM-31-160x107.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2023/12/092923-LA-Domestic-Violence-AJ-CM-31-1536x1024.jpg 1536w, https://cdn.kqed.org/wp-content/uploads/sites/10/2023/12/092923-LA-Domestic-Violence-AJ-CM-31-1920x1280.jpg 1920w\" sizes=\"(max-width: 2000px) 100vw, 2000px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Jackie at her office in Monterey Park on Sept. 29, 2023. Jackie is a domestic violence survivor and is now a family advocate for Los Angeles Defense Lawyers. \u003ccite>(Alisha Jucevic/CalMatters)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>“At first, he was the perfect guy,” Jackie said, “Then I moved in with him and little things started happening, like yelling and pushing me.”\u003c/p>\n\u003cp>She grew up with domestic violence in a large, multi-generational Latino household. When her ex-partner became abusive, she thought it was normal. Her grandmother told Jackie she had “to stay. Hispanic men are just like that.”\u003c/p>\n\u003cp>Raphael, Jackie’s oldest son, said he remembers being afraid during the fighting, but as the big brother, he had to be strong to protect his siblings.\u003c/p>\n\u003cp>Jackie called 12 shelters before finding one to take her and her sons. Most shelters don’t accept boys older than 8. Raphael was 11, so he went to live with his biological father.\u003c/p>\n\u003cp>“My dad told me my mom and my brothers were in the shelter. I didn’t know what that meant, and it really scared me,” Raphael said, “It was really tough because I missed my brothers.”\u003c/p>\n\u003cp>https://youtu.be/4g9zMARbCo8?si=zuUiL81K44IT1WWb\u003c/p>\n\u003cp>Although the boys weren’t taken, child welfare’s threat to do so was devastating.\u003c/p>\n\u003cp>“It was drastic and traumatizing,” Jackie said.\u003c/p>\n\u003cp>Yet, she said, calling child welfare saved her life.\u003c/p>\n\u003cp>“When I was living through it, I thought I was doing what I needed to do to protect my kids,” Jackie said.\u003c/p>\n\u003cp>Most abused mothers do.\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n\u003cp>\u003cem>This article was produced as a project for the USC Annenberg Center for Health Journalism’s 2023 Domestic Violence Impact Fund.\u003c/em>\u003c/p>\n\n","blocks":[],"excerpt":"California’s ‘failure to protect’ law allows child welfare agencies to take kids from households scarred by domestic violence. Advocates say the separation can worsen a family’s trauma.","status":"publish","parent":0,"modified":1702328620,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":70,"wordCount":2889},"headData":{"title":"California Can Take Kids From Abused Moms. Why the Separation Can Harm Both | KQED","description":"California’s ‘failure to protect’ law allows child welfare agencies to take kids from households scarred by domestic violence. Advocates say the separation can worsen a family’s trauma.","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":"","schema":{"@context":"http://schema.org","@type":"NewsArticle","headline":"California Can Take Kids From Abused Moms. Why the Separation Can Harm Both","datePublished":"2023-12-10T22:30:15.000Z","dateModified":"2023-12-11T21:03:40.000Z","image":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png","isAccessibleForFree":"Y","publisher":{"@type":"NewsMediaOrganization","@id":"https://www.kqed.org/#organization","name":"KQED","url":"https://www.kqed.org","logo":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png"}}},"sticky":false,"nprByline":"ChrisAnna Mink","excludeFromSiteSearch":"Include","showOnAuthorArchivePages":"No","articleAge":"0","path":"/news/11969521/california-can-take-kids-from-abused-moms-why-the-separation-can-harm-both","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>Worried that her abusive partner would kill her or her boys, Jackie had nowhere to go and no one to ask for help. She said her partner had angry outbursts, beat her, degraded her and destroyed things in the house. She knew she had to escape.\u003c/p>\n\u003cp>She called the Los Angeles County Department of Children and Family Services, hoping for a path to a safe place to stay. Instead, she received a warning that struck a different kind of fear in her.\u003c/p>\n\u003cp>If she didn’t leave her partner within 30 days, the child welfare agency would take her four boys.\u003c/p>\n\u003cp>“When I asked for help, they wanted to separate us,” said Jackie, 39, who asked not to use her full name to protect her children’s privacy.\u003c/p>\n\u003cp>The agency’s warning is rooted in a nearly 40-year-old California law that allows child welfare agencies to remove children when they believe an abused parent cannot ensure their kids’ safety. Called “failure to protect,” the law is intended to safeguard kids in dangerous situations.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"‘But what we’ve found, and science backs up, is that being removed from your community, your family of origin and your primary caregiver has such a tremendous impact upon a child’s healthy brain development and ability to form attachments.’","name":"pullquote","attributes":{"named":{"size":"medium","align":"right","citation":"Emily Berger, lawyer, Los Angeles Dependency Lawyers","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>But the longstanding practice is facing continued scrutiny as domestic violence advocates raise concerns about the potential to traumatize families further. Meanwhile, other states with similar laws have narrowed the criteria for when a welfare agency can remove a child. Many states have “failure to protect” laws, but California’s is comparably vague, giving social workers wide latitude in deciding when to remove kids.\u003c/p>\n\u003cp>“I just don’t understand how ‘failure to protect’ exists, either as a fair thing or a legal principle,” said Eve Sheedy, a lawyer and expert in domestic violence policy, including as former director of\u003ca href=\"http://publichealth.lacounty.gov/dvcouncil/about/about.htm\"> LA County Domestic Violence Council\u003c/a>.\u003c/p>\n\u003cp>The law puts child welfare workers in the unenviable position of deciding what is more harmful to children — the trauma of being separated from their family or the risks of witnessing more violence or even becoming a target.\u003c/p>\n\u003cp>And it can leave domestic violence victims feeling as if they are being punished for their partners’ abuse.\u003c/p>\n\u003cp>“Right now, the victims are seen just like a perpetrator,” said Marie, 36, a domestic violence survivor who said the Los Angeles child welfare agency took her children from her after her partner abused her. The kids continue to live with their grandparents. Marie also spoke on the condition that her full name would not be published to protect her kids’ privacy.\u003c/p>\n\u003cp>Changing the law is difficult in part because lawmakers and social workers share a commitment to protecting children, and they worry about a shift that could endanger kids.\u003c/p>\n\u003cp>CalMatters spoke with four mothers who lost children because of a failure to protect order, five current and former social workers, eight domestic violence policy experts and advocates and two state lawmakers for this story.\u003c/p>\n\u003cp>All of them stressed that protecting children was their highest priority. Several cited two notorious murders in Los Angeles County where the welfare agency failed to remove children to underscore the hazards of allowing kids to remain in violent households. One was \u003ca href=\"https://www.latimes.com/local/countygovernment/la-me-gabriel-fernandez-20140819-story.html\">Gabriel Fernandez\u003c/a>, who suffered years of gruesome torture and abuse before he was fatally beaten at age 8 in 2013 by his mother and her boyfriend. The other was \u003ca href=\"https://www.latimes.com/local/lanow/la-me-boy-death-20180623-story.html\">Anthony Avalos\u003c/a>, who was also tortured and abused by his mother and her boyfriend before his death at age 10 in 2018.\u003c/p>\n\u003cp>\u003cstrong>“\u003c/strong>In my opinion, the system really did fail those kids,” said Assemblyman\u003ca href=\"https://ad34.asmrc.org/biography/\"> Tom Lackey\u003c/a>, a Palmdale Republican who has been a teacher and a California Highway Patrol officer.\u003c/p>\n\u003cp>He said he has dealt more with children who should’ve been removed from unsafe situations than with unnecessary separations from abused parents for “failure to protect.”\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"aside","attributes":{"named":{"postid":"news_11964331,news_11945997","label":"Related Stories "},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>No one can say how many California children are separated from family members every year under the law because neither the state nor counties collect that information. The closest estimate comes from a recent report by the UCLA Pritzker Center that showed more than half of Los Angeles County’s 38,618 foster care cases in 2020 involved domestic violence.\u003c/p>\n\u003cp>Jackie, the mother who was alarmed when she received a “failure to protect” warning six years ago, believes the law discourages women from reporting domestic violence.\u003c/p>\n\u003cp>“A lot of women don’t say anything because of fear of being separated from their kids,” she said.\u003c/p>\n\u003ch2>Separation after abuse, drug use\u003c/h2>\n\u003cp>Marie is soft-spoken with sparkling eyes and a gentle manner. She said as a teenager, she got hooked on prescription opioids and was addicted for years. She stopped using in 2015, and within a little more than a year, she graduated from college, got married and had two babies.\u003c/p>\n\u003cp>“It was all too much, and I started using again,” Marie said.\u003c/p>\n\u003cp>Marie said her ex-husband was also addicted to drugs and when he was using, he physically abused her.\u003c/p>\n\u003cfigure id=\"attachment_11969525\" class=\"wp-caption aligncenter\" style=\"max-width: 2000px\">\u003ca href=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2023/12/092923-LA-Domestic-Violence-AJ-CM-19.jpg\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-full wp-image-11969525\" src=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2023/12/092923-LA-Domestic-Violence-AJ-CM-19.jpg\" alt=\"A woman wearing a blue floral shirt, leans her right arm against a pole outside by a house.\" width=\"2000\" height=\"1333\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2023/12/092923-LA-Domestic-Violence-AJ-CM-19.jpg 2000w, https://cdn.kqed.org/wp-content/uploads/sites/10/2023/12/092923-LA-Domestic-Violence-AJ-CM-19-800x533.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2023/12/092923-LA-Domestic-Violence-AJ-CM-19-1020x680.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2023/12/092923-LA-Domestic-Violence-AJ-CM-19-160x107.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2023/12/092923-LA-Domestic-Violence-AJ-CM-19-1536x1024.jpg 1536w, https://cdn.kqed.org/wp-content/uploads/sites/10/2023/12/092923-LA-Domestic-Violence-AJ-CM-19-1920x1280.jpg 1920w\" sizes=\"(max-width: 2000px) 100vw, 2000px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Marie at her home in Culver City on Sept. 29, 2023. Marie lived at Community’s Child after leaving a domestic violence relationship and battling past addictions. She now owns her home and has built a new life for herself and her children. \u003ccite>(Alisha Jucevic/CalMatters)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cfigure id=\"attachment_11969526\" class=\"wp-caption aligncenter\" style=\"max-width: 2000px\">\u003ca href=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2023/12/092923-LA-Domestic-Violence-AJ-CM-24.jpg\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-full wp-image-11969526\" src=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2023/12/092923-LA-Domestic-Violence-AJ-CM-24.jpg\" alt=\"A person holds a handwritten note with butterfly and flower stickers.\" width=\"2000\" height=\"1333\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2023/12/092923-LA-Domestic-Violence-AJ-CM-24.jpg 2000w, https://cdn.kqed.org/wp-content/uploads/sites/10/2023/12/092923-LA-Domestic-Violence-AJ-CM-24-800x533.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2023/12/092923-LA-Domestic-Violence-AJ-CM-24-1020x680.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2023/12/092923-LA-Domestic-Violence-AJ-CM-24-160x107.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2023/12/092923-LA-Domestic-Violence-AJ-CM-24-1536x1024.jpg 1536w, https://cdn.kqed.org/wp-content/uploads/sites/10/2023/12/092923-LA-Domestic-Violence-AJ-CM-24-1920x1280.jpg 1920w\" sizes=\"(max-width: 2000px) 100vw, 2000px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Marie holds a card from one of her kids at her home in Culver City. The card reads, “Thank you for being a very good mom. You been thru a lot but you are still the beast mom in the world.” Marie lived at Community’s Child after leaving a domestic violence relationship and a past of addiction. She now owns her home and has built a new life for herself and her children. \u003ccite>(Alisha Jucevic/CalMatters)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>The Department of Children and Family Services removed Marie’s kids for failure to protect them due to domestic violence and substance abuse. At ages 1 and 2, the kids had about a one-week stay in a group home. Marie’s parents adopted the children within six months of opening her case. Adoption typically takes a year or more.\u003c/p>\n\u003cp>She pulled herself out of addiction after she became pregnant again and didn’t want to lose custody of a third child. She entered a substance abuse program in 2017. Next, she and her 2-month-old infant entered Community’s Child, a shelter and development program for homeless single mothers “motivated to achieve self-sufficiency.” Marie now owns her own home and works full-time in the medical field.\u003c/p>\n\u003cp>She and her ex-husband have made peace and co-parent all three children, though the two older kids still live with Marie’s parents. Marie said the kids were very young during the violence and didn’t remember it, but she is still traumatized by the separation.\u003c/p>\n\u003cp>“I wasn’t able to heal in the six months that they gave me,” Marie said. “My family would’ve been a lot different if we had more time.”\u003c/p>\u003c/p>\u003cp>\u003cspan class='utils-parseShortcode-shortcodes-__youtubeShortcode__embedYoutube'>\n \u003cspan class='utils-parseShortcode-shortcodes-__youtubeShortcode__embedYoutubeInside'>\n \u003ciframe\n loading='lazy'\n class='utils-parseShortcode-shortcodes-__youtubeShortcode__youtubePlayer'\n type='text/html'\n src='//www.youtube.com/embed/gvy3EjgmHFA'\n title='//www.youtube.com/embed/gvy3EjgmHFA'\n allowfullscreen='true'\n style='border:0;'>\u003c/iframe>\n \u003c/span>\n \u003c/span>\u003c/p>\u003cp>\u003cp>Marie’s circumstances are not unusual. \u003ca href=\"https://www.ncbi.nlm.nih.gov/books/NBK64441/\">One-quarter to one-half\u003c/a> of domestic violence cases occur with other problems, such as \u003ca href=\"https://bmcpublichealth.biomedcentral.com/articles/10.1186/1471-2458-11-109\">parental substance abuse\u003c/a> or mental illness, intergenerational trauma or unemployment, among other stressors.\u003c/p>\n\u003cp>Her story illustrates the difficult choices social workers face every day.\u003c/p>\n\u003ch2>Risk of staying and the risk of removal\u003c/h2>\n\u003cp>The Los Angeles Department of Children and Family Services is the largest child welfare agency in the world, with a budget of nearly $2.8 billion and oversight of \u003ca href=\"https://dcfs.lacounty.gov/wp-content/uploads/2023/08/Factsheet-FY-2022-2023.pdf\">more than 25,000 children\u003c/a> annually. In 2022, 90% of the kids were 18 and younger and more than two-thirds were Black or Hispanic.\u003c/p>\n\u003cp>If a social worker makes the wrong call, children can pay the price with their health or their lives.\u003c/p>\n\u003cp>Two former child welfare social workers said they felt supported by their agency, but deciding when a child was at risk of harm felt like their responsibility, which was difficult and emotionally exhausting.\u003c/p>\n\u003cp>“Child welfare is a judgment-based system. It is human-driven and based upon sticky, personal family dynamic facts,” said Brandon Nichols, director of the \u003ca href=\"https://dcfs.lacounty.gov/\">Department of Children and Family Services\u003c/a>, Los Angeles County’s child protection agency.\u003c/p>\n\u003cp>In U.S. households with domestic violence, \u003ca href=\"https://www.childwelfare.gov/topics/can/factors/family/domviolence/\">30% to 60% also have child maltreatment\u003c/a>, including physical abuse or neglect. In 2020, \u003ca href=\"https://www.cdc.gov/violenceprevention/childabuseandneglect/fastfact.html#:~:text=Child%2520abuse%2520and%2520neglect%2520are%2520common.&text=In%25202020%252C%25201%252C750%2520children%2520died,neglect%2520in%2520the%2520United%2520States.\">1,750 children died\u003c/a> from abuse or neglect in the United States.\u003c/p>\n\u003cp>Dr. Kelly Callahan, director of the\u003ca href=\"https://www.harbor-ucla.org/pediatrics/academics-4/general-pediatrics/hub/\"> Kids In the Dependency System\u003c/a> clinic at Harbor-UCLA Medical Center, said children who witness domestic violence often have psychological or emotional problems.\u003c/p>\n\u003cp>“Children who have witnessed violence between their caretakers can have PTSD (Post-Traumatic Stress Disorder), nightmares, sleep problems, school difficulties and more. They react the same way as children who have been abused,” Callahan said.\u003c/p>\n\u003cp>Because of such harm, proponents of “failure to protect” laws said they’re needed for children’s safety.\u003c/p>\n\u003cfigure id=\"attachment_11969524\" class=\"wp-caption aligncenter\" style=\"max-width: 2000px\">\u003ca href=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2023/12/092923-LA-Domestic-Violence-AJ-CM-08.jpg\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-full wp-image-11969524\" src=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2023/12/092923-LA-Domestic-Violence-AJ-CM-08.jpg\" alt=\"A room with chairs, a table, and books.\" width=\"2000\" height=\"1333\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2023/12/092923-LA-Domestic-Violence-AJ-CM-08.jpg 2000w, https://cdn.kqed.org/wp-content/uploads/sites/10/2023/12/092923-LA-Domestic-Violence-AJ-CM-08-800x533.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2023/12/092923-LA-Domestic-Violence-AJ-CM-08-1020x680.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2023/12/092923-LA-Domestic-Violence-AJ-CM-08-160x107.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2023/12/092923-LA-Domestic-Violence-AJ-CM-08-1536x1024.jpg 1536w, https://cdn.kqed.org/wp-content/uploads/sites/10/2023/12/092923-LA-Domestic-Violence-AJ-CM-08-1920x1280.jpg 1920w\" sizes=\"(max-width: 2000px) 100vw, 2000px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">The library and counseling room at Community’s Child in Lomita on Sept. 29, 2023. Community’s Child is a shelter and resource program that provides supplies, food and housing for women and infants who are struggling with homelessness, addiction and poverty. \u003ccite>(Alisha Jucevic/CalMatters)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>But \u003ca href=\"https://developingchild.harvard.edu/resources/aces-and-toxic-stress-frequently-asked-questions/\">separation from a parent\u003c/a> can be equally devastating for children. \u003ca href=\"https://www.cdc.gov/violenceprevention/aces/fastfact.html\">Adverse childhood experiences\u003c/a>, such as abuse or witnessing violence, contribute to poor mental and physical health well into adulthood, including risk for early death. A safe, secure relationship with a caring adult, such as a non-offending parent, can\u003ca href=\"https://developingchild.harvard.edu/science/key-concepts/resilience/\"> build resiliency\u003c/a> for a traumatized child.\u003c/p>\n\u003cp>“The courts will often say, ‘We know that being exposed to violence in the home alters a child’s brain chemistry, and we’re going to remove this child and place them in foster care,” said Emily Berger, a lawyer for\u003ca href=\"https://www.ladlinc.org/\"> Los Angeles Dependency Lawyers\u003c/a>, a nonprofit consortium of court-appointed lawyers who defend parents involved in dependency court.\u003c/p>\n\u003cp>“But what we’ve found, and science backs up, is that being removed from your community, your family of origin, and your primary caregiver has such a tremendous impact upon a child’s healthy brain development and ability to form attachments,” she said.\u003c/p>\n\u003ch2>Evolution of ‘failure to protect’\u003c/h2>\n\u003cp>The original \u003ca href=\"https://scholarlycommons.law.case.edu/cgi/viewcontent.cgi?article=1641&context=healthmatrix\">“failure-to-protect” laws\u003c/a> emerged in the 1960s in response to reports of child physical abuse. Under the laws, if a caregiver knew a child was being abused and didn’t report it, that \u003ca href=\"https://www.nyulawreview.org/issues/volume-76-number-1/whos-failing-whom-a-critical-look-at-failure-to-protect-laws/\">caregiver could be prosecuted\u003c/a> the same as the abuser.\u003c/p>\n\u003cp>California’s \u003ca href=\"https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=WIC§ionNum=300.\">failure to protect\u003c/a> law falls under a welfare code that states children can become dependents of the court if “the child has suffered or there is a substantial risk that the child will suffer, serious physical harm inflicted non-accidentally upon the child by the child’s parent or guardian.”\u003c/p>\n\u003cp>Listed among the criteria for substantial risk is “the failure or inability of the child’s parent or guardian to adequately supervise or protect the child.”\u003c/p>\n\u003cp>\u003ca href=\"https://lao.ca.gov/reports/2013/ssrv/child-neglect/child-neglect-080813.aspx#:~:text=Neglect%20Is%20the%20Most%20Common%20Reason%20for%20Foster%20Care%20Entry&text=Child%20neglect%20has%20been%20the,foster%20care%20entries%20since%202000.\">Neglect is the leading cause\u003c/a> for children to be placed under the courts’ jurisdiction. Failure to protect is often \u003ca href=\"https://www.childwelfare.gov/pubPDFs/neglect_ch2.pdf\">considered neglect\u003c/a> or emotional abuse in the child welfare and justice systems, including when it’s related to domestic violence.\u003c/p>\n\u003cp>As of 2015, 48 states and four U.S. territories had “failure to protect” laws: Maryland, Wyoming and Puerto Rico did not. The statutes designate the crimes as \u003ca href=\"https://scholarlycommons.law.case.edu/cgi/viewcontent.cgi?article=1641&context=healthmatrix\">misdemeanors or felonies\u003c/a>. In California, neglect is usually charged as a \u003ca href=\"https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=270.&lawCode=PEN\">misdemeanor.\u003c/a>\u003c/p>\n\u003cp>Failure to protect charges \u003ca href=\"https://capitalandmain.com/child-law-penalizes-moms-for-abusive-partners-10-16\">can lead to life sentences\u003c/a> for parents in six states — Oklahoma, Missouri, Nebraska, Nevada, South Carolina and West Virginia. In\u003ca href=\"https://talkpoverty.org/2019/10/25/failure-protect-child-welfare/index.html\"> Texas, the maximum penalty is 99 years\u003c/a>. For some non-offending parents, the penalties have been more severe than for the abuser.\u003c/p>\n\u003cp>Some states, such as New York and Washington, have moved in the \u003ca href=\"https://scholarlycommons.law.case.edu/cgi/viewcontent.cgi?article=1641&context=healthmatrix\">opposite direction \u003c/a>to protect the rights of abuse victims. The New York Court of Appeals in 2004 ruled that \u003ca href=\"https://www.nyclu.org/en/cases/nicholson-v-williams-defending-parental-rights-mothers-who-are-domestic-violence-victims\">witnessing domestic violence did not constitute neglect\u003c/a> and couldn’t be the sole basis for removing children from the non-offending parent.\u003c/p>\n\u003cp>State Sen. Susan Rubio, a Democrat from West Covina, two years ago carried a bill that would have compelled California to study domestic violence in the child welfare system. She told her colleagues at the time the law “fails to recognize” the trauma of a parent “who is a domestic violence survivor.” The bill did not reach Gov. Gavin Newsom.\u003c/p>\n\u003ch2>Would changing domestic violence law matter?\u003c/h2>\n\u003cp>Despite Rubio’s setback, some advocates for domestic violence victims outside of the Capitol are building a case to change California’s law.\u003c/p>\n\u003cp>The Pritzker Center report calls for \u003ca href=\"https://pritzkercenter.ucla.edu/wp-content/uploads/2021/05/Pritzker-Domestic-Violence-Report-Endnotes_final.pdf\">California to consider legislative\u003c/a> reforms similar to the New York Court of Appeals ruling. The report also calls for \u003ca href=\"https://pritzkercenter.ucla.edu/wp-content/uploads/2021/05/Pritzker-Domestic-Violence-Report-Endnotes_final.pdf\">better training\u003c/a> in the complexities of family violence for all child welfare workers, court officers and such mandated reporters as teachers and coaches.\u003c/p>\n\u003cp>“I think we could have legislation that said being victimized by domestic violence is not sufficient basis for charging neglect,” said Sheedy, the former director of LA County Domestic Violence Council.\u003c/p>\n\u003cp>This would be similar to California laws prohibiting the use of \u003ca href=\"https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202120220AB2085\">poverty\u003c/a> or homelessness as the sole basis for the removal of a child.\u003c/p>\n\u003cp>But others are urging more modest changes even as they express misgivings with the current policy. They worry about rescinding a policy intended to protect a child.\u003c/p>\n\u003cp>“There are definite concerns with ‘failure to protect’ and how it’s being used — it’s being used as a stick,” said Julie McCormick, a lawyer with the Children’s Law Center, a nonprofit legal organization representing children in the dependency system.\u003c/p>\n\u003cp>But, she said, “I wouldn’t say CLC (Children’s Law Center) has the stance that it should be gone. It’s too nuanced to do something blanket. I think that’s why it’s so hard to come up with legislation.”\u003c/p>\n\u003cp>The California Partnership to End Domestic Violence also has looked at the failure to protect the law. It isn’t calling for significant changes.\u003c/p>\n\u003cp>“It’s an issue we’ve tried to look at a couple of ways, but what makes sense statewide is tricky,” said Krista Colon, the partnership’s director.\u003c/p>\n\u003ch2>Ending generations of domestic violence\u003c/h2>\n\u003cp>Jackie, the mother of four boys who was frightened by the warning that she could lose her kids, became an advocate for domestic violence victims after her experience. She is now a parent-partner with the Los Angeles Defense Lawyers and helps other parents navigate the system.\u003c/p>\n\u003cp>Her sons are now 18, 13, 12 and 7. She is stylish and engaging with a ready smile, but she harbors deep trauma. She lived with an abusive partner, the father of her three younger boys, for 10 years.\u003c/p>\n\u003cfigure id=\"attachment_11969527\" class=\"wp-caption aligncenter\" style=\"max-width: 2000px\">\u003ca href=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2023/12/092923-LA-Domestic-Violence-AJ-CM-31.jpg\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-full wp-image-11969527\" src=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2023/12/092923-LA-Domestic-Violence-AJ-CM-31.jpg\" alt=\"A woman in a business suit sits in front of a desk.\" width=\"2000\" height=\"1333\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2023/12/092923-LA-Domestic-Violence-AJ-CM-31.jpg 2000w, https://cdn.kqed.org/wp-content/uploads/sites/10/2023/12/092923-LA-Domestic-Violence-AJ-CM-31-800x533.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2023/12/092923-LA-Domestic-Violence-AJ-CM-31-1020x680.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2023/12/092923-LA-Domestic-Violence-AJ-CM-31-160x107.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2023/12/092923-LA-Domestic-Violence-AJ-CM-31-1536x1024.jpg 1536w, https://cdn.kqed.org/wp-content/uploads/sites/10/2023/12/092923-LA-Domestic-Violence-AJ-CM-31-1920x1280.jpg 1920w\" sizes=\"(max-width: 2000px) 100vw, 2000px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Jackie at her office in Monterey Park on Sept. 29, 2023. Jackie is a domestic violence survivor and is now a family advocate for Los Angeles Defense Lawyers. \u003ccite>(Alisha Jucevic/CalMatters)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>“At first, he was the perfect guy,” Jackie said, “Then I moved in with him and little things started happening, like yelling and pushing me.”\u003c/p>\n\u003cp>She grew up with domestic violence in a large, multi-generational Latino household. When her ex-partner became abusive, she thought it was normal. Her grandmother told Jackie she had “to stay. Hispanic men are just like that.”\u003c/p>\n\u003cp>Raphael, Jackie’s oldest son, said he remembers being afraid during the fighting, but as the big brother, he had to be strong to protect his siblings.\u003c/p>\n\u003cp>Jackie called 12 shelters before finding one to take her and her sons. Most shelters don’t accept boys older than 8. Raphael was 11, so he went to live with his biological father.\u003c/p>\n\u003cp>“My dad told me my mom and my brothers were in the shelter. I didn’t know what that meant, and it really scared me,” Raphael said, “It was really tough because I missed my brothers.”\u003c/p>\u003c/p>\u003cp>\u003cspan class='utils-parseShortcode-shortcodes-__youtubeShortcode__embedYoutube'>\n \u003cspan class='utils-parseShortcode-shortcodes-__youtubeShortcode__embedYoutubeInside'>\n \u003ciframe\n loading='lazy'\n class='utils-parseShortcode-shortcodes-__youtubeShortcode__youtubePlayer'\n type='text/html'\n src='//www.youtube.com/embed/4g9zMARbCo8'\n title='//www.youtube.com/embed/4g9zMARbCo8'\n allowfullscreen='true'\n style='border:0;'>\u003c/iframe>\n \u003c/span>\n \u003c/span>\u003c/p>\u003cp>\u003cp>Although the boys weren’t taken, child welfare’s threat to do so was devastating.\u003c/p>\n\u003cp>“It was drastic and traumatizing,” Jackie said.\u003c/p>\n\u003cp>Yet, she said, calling child welfare saved her life.\u003c/p>\n\u003cp>“When I was living through it, I thought I was doing what I needed to do to protect my kids,” Jackie said.\u003c/p>\n\u003cp>Most abused mothers do.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"floatright"},"numeric":["floatright"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>\u003cem>This article was produced as a project for the USC Annenberg Center for Health Journalism’s 2023 Domestic Violence Impact Fund.\u003c/em>\u003c/p>\n\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11969521/california-can-take-kids-from-abused-moms-why-the-separation-can-harm-both","authors":["byline_news_11969521"],"categories":["news_8"],"tags":["news_21690","news_17759","news_27626","news_2139","news_33623"],"affiliates":["news_18481"],"featImg":"news_11969528","label":"news_18481"},"news_11902140":{"type":"posts","id":"news_11902140","meta":{"index":"posts_1591205157","site":"news","id":"11902140","score":null,"sort":[1642800444000]},"guestAuthors":[],"slug":"he-will-find-me-the-story-of-a-woman-her-killer-and-how-california-courts-fail-to-disarm-abusers","title":"'He Will Find Me': The Story of a Woman, Her Killer, and How California Courts Fail to Disarm Abusers","publishDate":1642800444,"format":"audio","headTitle":"The California Report Magazine | KQED News","labelTerm":{"term":26731,"site":"news"},"content":"\u003cp>[dropcap]E[/dropcap]ighteen miles south of the Central Valley home that was her prison, down Highway 99 past almond orchards and trucks overloaded with hay bales, sits the Madera County Superior Court. The four-story steel structure with its light granite exterior boasts 10 courtrooms, large flat-screen monitors and a glass-skinned atrium. The \u003ca href=\"https://www.courts.ca.gov/facilities-madera.htm\">courthouse opened in 2015\u003c/a> in this county of 160,000, part of a decades-long effort to shift funding and oversight of local courts to the state and ensure equal access to justice for all Californians.\u003c/p>\n\u003cp>“The Madera Courthouse was designed to demonstrate the transparency and dignity of democracy, providing a place to facilitate the workings of the American ideals of justice,” the \u003ca href=\"https://www.acmartin.com/portfolio/madera-county-courthouse\">architect’s website\u003c/a> says.\u003c/p>\n\u003cp>Calley Garay, a 32-year-old mother of three young boys, came here in June 2020 seeking protection against a husband she said was abusive.\u003c/p>\n\u003cp>Julio Garay warned her that a restraining order was nothing more than a piece of paper and wouldn’t keep him away, court records say.\u003c/p>\n\u003cp>But the beatings were getting worse, the threats more ominous, and local law enforcement was still investigating her allegations. She needed help. So, planning for a new life with her children free from his control, Calley filled out the standard domestic violence restraining order request. Hers was one of \u003ca href=\"https://www.courts.ca.gov/documents/2021-Court-Statistics-Report.pdf\">72,000 such forms\u003c/a> Californians — mostly women — filed statewide that fiscal year, including 211 in Madera County.\u003c/p>\n\u003cp>\u003cem>We are now married or registered domestic partners.\u003c/em> Check.\u003c/p>\n\u003cp>\u003cem>We are the parents together of a child or children under 18.\u003c/em> Check.\u003c/p>\n\u003cp>\u003cem>I believe the person…owns or possesses guns, firearms, or ammunition.\u003c/em> Check.\u003c/p>\n\u003cp>The answer to that last question on Calley’s form told the court her case could be particularly dangerous. Research shows the presence of a firearm increases the likelihood \u003ca href=\"https://jhu.pure.elsevier.com/en/publications/armed-prohibited-and-violent-at-home-implementation-and-enforceme\">domestic violence will turn deadly\u003c/a>. It’s why people who are the subject of a restraining order in California — even a temporary one — aren’t allowed to have guns. \u003ca href=\"https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=FAM§ionNum=6389.\">By law\u003c/a>, they are supposed to surrender their weapons to law enforcement or a licensed dealer within 24 hours of being served.\u003c/p>\n\u003cp>And if a simple check box wasn’t enough to grab a judge’s attention, Calley attached to the form more than a dozen pages of horror, including descriptions of assaults and photos of bruises on her leg, back and chest.\u003c/p>\n\u003cp>[pullquote size=\"medium\" align=\"right\" citation=\"Calley Garay, in court documents\"]'He has always told me that a restraining order is not bulletproof and that he will find me.'[/pullquote]Through it all was mention of a gun — a gun in his pocket when he yelled at her outside their son’s school. A gun when he threatened to take her into the orchards and kill her.\u003c/p>\n\u003cp>What happened to Calley Garay — a story that culminated in the Madera courthouse last November — is about more than one woman. It’s about California’s inability to disarm abusers, a longstanding failure that judges, advocates and law enforcement have been warning about for years.\u003c/p>\n\u003cp>CalMatters spent months combing through government reports, reviewing case files in various counties, and interviewing people across the state. The reporting shows that equal access to justice is still elusive. The protections domestic abuse survivors get from the courts vary widely, depending on where they live or the judge handling their case.\u003c/p>\n\u003cp>And California, with arguably the toughest gun control measures in the country, too often struggles to enforce those laws.\u003c/p>\n\u003cp>In July, \u003ca href=\"https://calmatters.org/justice/2021/07/california-gun-law-failing/\">CalMatters reported\u003c/a> on the state Justice Department’s difficulty clearing a backlog of cases in its Armed and Prohibited Persons System, a database of known gun owners who are barred from having firearms because of a conviction or other court order. At the start of last year, 24,000 people were in the system, including nearly 4,600 because of a restraining order. Those are just the people California knows have guns. It doesn’t include the many people — like Julio Garay — whom abuse survivors say possess unregistered firearms.\u003c/p>\n\u003cp>In her request for a restraining order, Calley ended her description of a May 7, 2020, attack — the one that drove her to leave — by telling the court about fear.\u003c/p>\n\u003cp>“He has always told me that a restraining order is not bulletproof and that he will find me,” she wrote.\u003c/p>\n\u003cp>A month later, he did.\u003c/p>\n\u003ch2 style=\"text-align: center;\">I\u003c/h2>\n\u003cp>Calley Jean Garay realized she had to escape in May of 2020. Everything was getting worse.\u003c/p>\n\u003cp>The beatings were frequent and with whatever was at hand: June 2019, a belt. August 2019, a steel-toe boot. November 2019, a screwdriver. February 2020, a fire poker. May 2020, a black metal bar. In one attack, her 6-foot, 260-pound husband hit her so hard with a hair brush that it broke and flew behind her dresser.\u003c/p>\n\u003cp>CalMatters pieced together Calley’s story through interviews, state and federal court filings and sworn testimony. An attorney for Julio Garay said his client wouldn’t talk for this article.\u003c/p>\n\u003cp>Records show that almost anything could set him off. A misplaced receipt, coffee that was too hot, a truck that wouldn’t start. The first time he hit her — punching her glasses off her face while sitting in a Taco Bell drive-thru in December 2012, shortly after they'd started dating — was after arguing on the phone with his prior wife. Another time he beat Calley because some men had cheated him in a car deal and Julio blamed her for not having his back.\u003c/p>\n\u003cp>[aside postID=\"news_11898155,news_11890534,news_11877217\" label=\"Related Stories\"]Calley said he had a signal when he felt she was disobeying him and a beating was coming. He’d start tapping his foot on the ground.\u003c/p>\n\u003cp>If she stayed, there was only one way it was going to end.\u003c/p>\n\u003cp>“She was terrified that she was going to die if she didn’t get out of there and her kids were going to be killed as well,” said Sarah Rodriguez, 37, Calley’s cousin, who grew up with her in Chowchilla, a city of 18,000.\u003c/p>\n\u003cp>Rodriguez’s mother, Terry Bassett, lived near the Garays in the quiet neighborhood of well-kept single-family homes. Bassett’s son was in the front yard in early May of 2020 when Calley — who might have lived a world away for how little she saw of the family by then — made a quick U-turn in front of him and told him to have her aunt come by to talk, Rodriguez said.\u003c/p>\n\u003cp>That conversation kicked off a flurry of calls and activity in Calley’s large family. They were getting their girl back, but she needed help.\u003c/p>\n\u003cp>Rodriguez said she and her mother rented a black Toyota SUV out of town and parked it away from the house. They reached out to a local victim services organization, which helped arrange for a hotel room for Calley and the boys, then ages 1, 4, and nearly 6.\u003c/p>\n\u003cp>The day of the escape would be May 15, 2020, when Julio, a truck driver for Save Mart, was working in Monterey. There would be a window between 3 a.m. and 5 a.m. when he wouldn’t be checking in by phone to make sure she was home.\u003c/p>\n\u003cfigure id=\"attachment_11902155\" class=\"wp-caption aligncenter\" style=\"max-width: 800px\">\u003ca href=\"https://ww2.kqed.org/app/uploads/sites/10/2022/01/111521-Julio-Garay-Mugshot-CM-Background-01-.jpeg\">\u003cimg class=\"size-medium wp-image-11902155\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2022/01/111521-Julio-Garay-Mugshot-CM-Background-01--800x533.jpeg\" alt=\"A mugshot of a man with a black shirt in Madera County Department of Corrections.\" width=\"800\" height=\"533\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2022/01/111521-Julio-Garay-Mugshot-CM-Background-01--800x533.jpeg 800w, https://ww2.kqed.org/app/uploads/sites/10/2022/01/111521-Julio-Garay-Mugshot-CM-Background-01--1020x680.jpeg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2022/01/111521-Julio-Garay-Mugshot-CM-Background-01--160x107.jpeg 160w, https://ww2.kqed.org/app/uploads/sites/10/2022/01/111521-Julio-Garay-Mugshot-CM-Background-01--1536x1024.jpeg 1536w, https://ww2.kqed.org/app/uploads/sites/10/2022/01/111521-Julio-Garay-Mugshot-CM-Background-01--2048x1366.jpeg 2048w, https://ww2.kqed.org/app/uploads/sites/10/2022/01/111521-Julio-Garay-Mugshot-CM-Background-01--1920x1280.jpeg 1920w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Julio Garay’s booking photo from the Madera County Department of Corrections. \u003ccite>(courtesy of the Madera County district attorney’s office)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Bassett stood by the front window in the dark early morning, waiting to see Calley come out of the house. But the time began to tick away: 4 a.m. ... 5 a.m. ... 5:30.\u003c/p>\n\u003cp>Bassett was in constant contact with Rodriguez. They wondered if they should knock on the door. But what if he’d come back?\u003c/p>\n\u003cp>Calley had tried to escape once before in 2015, the year the couple married. She went to the Chowchilla police and had criminal domestic violence charges filed against him. She also sought a restraining order from the family court in Madera, alleging he threatened to shoot her head “clean off.” But she had a 1-year-old son and was pregnant with a second, and gave up on the restraining order, records show. Calley’s family believes he found out where she was hiding and forced her home.\u003c/p>\n\u003cp>Julio took a plea deal in the criminal case. The same day in 2016 that she was in a Fresno hospital giving birth, he was in a Madera courtroom pleading no contest to disturbing the peace “by loud and unreasonable noise.” He got off without jail time.\u003c/p>\n\u003cp>At 6 a.m. on May 15, 2020, Calley finally emerged from the house. It turned out, she had forgotten to pack Julio chips in his lunch and he’d called to yell at her, telling her he was going to put her in the morgue, Rodriguez said.\u003c/p>\n\u003cp>The aunt rushed over, and they loaded the three sleepy boys into the rented SUV and drove straight to the Chowchilla police station.\u003c/p>\n\u003cp>Officer Ernest Escalera took the report. Over the course of an hour, she told him about the assaults and how Julio had warned that a restraining order wasn’t bulletproof, he would later testify.\u003c/p>\n\u003cp>“She was crying and stated that he was going to try and kill her,” Escalera said. They did the interview in the lobby of the station because of COVID and Calley seemed distracted — watching the passing cars and saying she expected to see him. A female sergeant took photos of the bruises over Calley’s body.\u003c/p>\n\u003cp>The family then drove Calley and the children to the hotel.\u003c/p>\n\u003ch2>Threats. Beatings. Escape plans. Secret hotel rooms\u003c/h2>\n\u003cp>This is the reality for domestic violence survivors every day across California. Many, like Calley, connect with a local nonprofit to help navigate the justice system.\u003c/p>\n\u003cp>In Sacramento County, these survivors end up on the third floor of a modern office building, at the \u003ca href=\"https://www.sacramentofjc.org/\">Sacramento Regional Family Justice Center\u003c/a>. Like the victim services organization that helped Calley, this is where police and prosecutors in the capital city often refer abuse survivors for everything from counseling and shelter to filling out court forms and legal advice. The center is conveniently located above the county’s child support services and across the street from family court.\u003c/p>\n\u003cp>Some people end up here on their own. In fact, many women and men experiencing abuse choose not to involve law enforcement for a variety of reasons, experts say, including fear of police, concern about the impact on child support, and the risk of further antagonizing a dangerous partner. Instead, they might seek only protection via a family court-issued domestic violence restraining order. That means a family court judge might be the only official to ask about a gun and try to ensure an abuser is disarmed.\u003c/p>\n\u003cp>On a recent morning at the Sacramento office, a handful of women sat in a waiting room for their turn to speak with a counselor or attorney. Inside, others were in private rooms — named after domestic violence homicide victims — sharing their tales of abuse and getting help filling out a state form called a \u003ca href=\"https://www.courts.ca.gov/documents/dv100.pdf\">DV-100\u003c/a>, the court system’s restraining order request form. A golden Labradoodle named Buddy wandered the office, trained to nuzzle up to those in emotional distress.\u003c/p>\n\u003cp>The office sees as many as three dozen people each day, mostly women. Hanging from the ceiling in one wing of the suite are stuffed sea creatures that a detective brought in, a cheerful addition for the kids who often accompany the abuse survivors and who sometimes must share their own stories in special interview rooms.\u003c/p>\n\u003cfigure id=\"attachment_11902182\" class=\"wp-caption aligncenter\" style=\"max-width: 1200px\">\u003cimg class=\"size-full wp-image-11902182\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2022/01/20211101_CalMatters_FamilyJusticeCenter_A_23-2.jpg\" alt=\"A box filled with papers.\" width=\"1200\" height=\"801\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2022/01/20211101_CalMatters_FamilyJusticeCenter_A_23-2.jpg 1200w, https://ww2.kqed.org/app/uploads/sites/10/2022/01/20211101_CalMatters_FamilyJusticeCenter_A_23-2-800x534.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2022/01/20211101_CalMatters_FamilyJusticeCenter_A_23-2-1020x681.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2022/01/20211101_CalMatters_FamilyJusticeCenter_A_23-2-160x107.jpg 160w\" sizes=\"(max-width: 1200px) 100vw, 1200px\">\u003cfigcaption class=\"wp-caption-text\">A box of past temporary restraining orders from the court waiting to be picked up by clients at the Sacramento Regional Family Justice Center in Sacramento on Nov. 1, 2021. The center provides support for survivors of domestic violence and elder abuse. \u003ccite>(Salgu Wissmath/CalMatters)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>The center’s case managers and attorneys always ask new clients whether their abuser has guns and to make sure to include that information on restraining order request forms, said Faith Whitmore, the center’s chief executive officer.\u003c/p>\n\u003cp>But, she said, judges there don’t seem to follow up — failing to ask detailed questions or use their power to try to force abusers to comply. Among those powers: Family courts are empowered to hold hearings to check on the status of guns, and judges can hold abusers in contempt if a firearm isn’t surrendered.\u003c/p>\n\u003cp>Whitmore acknowledged it can be difficult for courts to know whether an abuser is actually armed. Many guns are unregistered, invisible in a background check. And sometimes victims believe there’s a gun but lack proof.\u003c/p>\n\u003cp>Still, the stakes are so high the courts should be trying harder — asking questions, holding hearings, checking for receipts, she said.\u003c/p>\n\u003cp>“If it is the law — and there’s a reason there is a law and the courts are the ones to enforce that — it seems that throwing up one’s hands should not be the default response,” Whitmore said.\u003c/p>\n\u003cp>[pullquote size=\"medium\" align=\"right\" citation=\"Ayano Wolff, attorney, Legal Aid Foundation of Los Angeles\"]'We haven’t seen any kind of proactive approach from the courts to ensure that the individual has relinquished their guns.'[/pullquote]Social worker Yolanda Torres sat in on two recent cases in which victims alleged their abusers were armed. In one case, the gun was surrendered, Torres said. In the other, the abuser claimed to have sold the gun but “there was no follow-through,” she said — the court simply took the man’s word and moved on.\u003c/p>\n\u003cp>In Southern California, attorneys working with people experiencing domestic violence tell a similar story.\u003c/p>\n\u003cp>“We haven’t seen any kind of proactive approach from the courts to ensure that the individual has relinquished their guns,” said Ayano Wolff, an attorney with the \u003ca href=\"https://lafla.org/\">Legal Aid Foundation of Los Angeles\u003c/a>, or LAFLA.\u003c/p>\n\u003cp>California has no statewide statistics on how often armed abusers violate a restraining order and kill their partner, though it appears to be rare. The state Justice Department identifies about 50 \u003ca href=\"https://data-openjustice.doj.ca.gov/sites/default/files/2021-06/Homicide%20In%20CA%202020.pdf\">domestic violence-related homicides\u003c/a> each year in which the killer used a firearm. That’s compared to nearly 80,000 restraining order requests. More common appears to be the kind of terror CalMatters heard about in January from one of LAFLA’s clients, a 24-year-old woman who was staying at a domestic violence shelter after getting a restraining order against her husband.\u003c/p>\n\u003cp>The woman didn’t want her name used out of fear for her safety. But case filings showed that she told the court her husband had multiple guns and had threatened her with them.\u003c/p>\n\u003cp>“I have never done anything bad in my life,” she said through an interpreter, sobbing. “This man has made my life hell. I want justice.”\u003c/p>\n\u003cp>Nine months after that interview, she still was too fearful to use her name. Nothing in the court records indicates that her abuser, who admitted to having guns, has surrendered them.\u003c/p>\n\u003cp>One of her attorneys, Brenton Inouye, said it’s not surprising: “It’s really spotty as to whether it gets enforced or not.”\u003c/p>\n\u003ch2>Years of warnings about flaws in the system\u003c/h2>\n\u003cp>Judges, law enforcement professionals and advocates have been warning for years about such flaws in the system.\u003c/p>\n\u003cp>A 2005 report from a state attorney general’s task force indicated that California was \u003ca href=\"http://www.ncdsv.org/images/CA-AG_DVKeepingThePromiseVictimSafetyAndBattererAccountability_6-2005.pdf\">failing to disarm abusers\u003c/a>.\u003c/p>\n\u003cp>A state court system task force in 2008 found that people seeking restraining orders “erroneously believe that when the court orders the restrained person to relinquish firearms, either law enforcement or the courts will take steps to ensure that the order is followed.” Instead, the \u003ca href=\"https://www.courts.ca.gov/documents/dvpp_rec_guidelines.pdf\">onus is on gun owners\u003c/a> to comply, the report said.\u003c/p>\n\u003cp>A 2019 report from Sacramento County’s Domestic Violence Death Review Team flagged the issue, saying “proactive enforcement” of firearm relinquishment orders was \u003ca href=\"https://www.sacda.org/wp-content/uploads/2020/07/DVDRT-2019.pdf\">“currently nonexistent.”\u003c/a>\u003c/p>\n\u003cp>And last year, \u003ca href=\"https://lhc.ca.gov/\">California’s independent watchdog commission\u003c/a> said the state could \u003ca href=\"https://lhc.ca.gov/sites/lhc.ca.gov/files/Reports/256/Report256.pdf\">do more to recover guns\u003c/a> from abusers it knows possess registered firearms.\u003c/p>\n\u003cp>The focus has led to some changes, including laws aimed at identifying armed abusers. But experts say it’s not enough. Much of the problem — and potential solution — lies with family courts.\u003c/p>\n\u003cp>State law requires the courts to do\u003ca href=\"https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=FAM§ionNum=6306.\"> a background check\u003c/a> on alleged abusers before issuing a restraining order, including a search for legally purchased firearms. \u003ca href=\"https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201120120SB1433\">The requirement\u003c/a> only applies to courts with the resources to afford such background checks, and the state Judicial Council — the court system’s policy-making body — was legislatively tasked with determining which courts couldn’t comply. But as \u003ca href=\"https://calmatters.org/justice/2021/07/california-gun-law-failing/\">CalMatters reported\u003c/a> in July, that analysis was never done.\u003c/p>\n\u003cp>The council provided a statement to CalMatters, saying, “The council does not have a mandate to track which superior courts are conducting the background checks related to firearms relinquishment nor the authority to ensure enforcement of the relinquishment provisions.\"\u003c/p>\n\u003cp>Only 28 superior courts — fewer than half — have access to the state Justice Department’s web portal that would allow them to see whether an alleged abuser owns a legally purchased weapon, according to the attorney general’s office. While some courts told CalMatters their local sheriff’s office checks firearm registration for them, others acknowledged they don’t regularly get such records.\u003c/p>\n\u003cp>And even when courts do get information that an alleged abuser is armed with a registered — or unregistered — firearm, judges often fail to confirm that the guns are surrendered or to punish individuals who refuse to comply, interviews and case filings show.\u003c/p>\n\u003cp>“We have to come up with a better way of doing this. The honor system is not working,” said Paul Durenberger, a retired Sacramento County prosecutor who was in charge of his office’s family violence bureau.\u003c/p>\n\u003ch2 style=\"text-align: center;\">II\u003c/h2>\n\u003cp>The day after Calley made her report to Chowchilla police in May 2020, Julio Garay was arrested for assault, domestic violence, child abuse and making threats. The district attorney’s office didn’t immediately file charges.\u003c/p>\n\u003cp>Julio bailed out and was placed on the non-complaint calendar. That meant law enforcement would keep investigating and prosecutors could charge him before his scheduled court date of July 13.\u003c/p>\n\u003cp>On June 9, Chowchilla detective Brian Boivie went to the shelter to interview Calley. She told him about more instances of abuse, including some involving a gun, he later testified.\u003c/p>\n\u003cp>She told the detective that in November 2018, Julio returned home from the grocery store angry that their credit card was declined. He began beating her and then loaded her and the kids into the car and drove northwest out of Chowchilla just across the Merced County line.\u003c/p>\n\u003cp>She said Julio pulled into an orchard, angling the car so it would be easy to drive away. He grabbed a handgun and told her to get out.\u003c/p>\n\u003cp>“He then exited the vehicle himself with the firearm in his hand and pulled her out of the … passenger side of the vehicle and began kicking her and hitting her and forcing her down to her knees at the back of the vehicle,” Boivie testified she told him. “He mentioned that he was going to splatter her brains all over the kids, so tell them goodbye.”\u003c/p>\n\u003cp>He put the gun to the side of her head and pulled the trigger.\u003c/p>\n\u003cp>“She knew that the trigger was pulled because she heard the metal-on-metal click,” Boivie said.\u003c/p>\n\u003cp>CalMatters was unable to find evidence that Calley’s story about the orchard increased the urgency with which law enforcement approached the case. The Chowchilla Police Department denied requests for an interview and records because of ongoing court proceedings.\u003c/p>\n\u003cp>The department did not get any search warrants after her domestic violence complaints, law enforcement officials said.\u003c/p>\n\u003cp>The police did get Calley an emergency protective order after her initial May 15 report to police, which is a short-term restraining order that threatens abusers with criminal charges if they don’t stay away from the protected party.\u003c/p>\n\u003cp>On the form, filled out by a police officer, a box is checked stating that firearms were “searched for.”\u003c/p>\n\u003cp>It’s unclear what that means. The Chowchilla police chief declined to say. He called CalMatters’s questions about what his department did to disarm Julio Garay and why the investigation seemed to take so long “offensive.”\u003c/p>\n\u003cp>By mid-June, Calley was still in limbo, living at a shelter and reconnecting with family.\u003c/p>\n\u003cp>The Chowchilla Police Department, a small agency with one detective, was still looking into the abuse allegations — an investigation now in its fourth week — and the emergency protective order was set to expire.\u003c/p>\n\u003cp>A few days after her June 9 interview with Detective Boivie, Calley Garay turned to the family court in the hope a restraining order might protect her from her husband and his gun.\u003c/p>\n\u003ch2>How many weapons are surrendered after restraining orders? There's no data\u003c/h2>\n\u003cp>California has no data on how often alleged abusers surrender their weapons after a restraining order. The state court administration doesn’t track such information.\u003c/p>\n\u003cp>CalMatters asked the Los Angeles Superior Court, which handles a quarter of restraining order requests in the state, for records of domestic violence restraining order cases to attempt to compile such data. The court declined, saying it “does not fulfill individual data requests.”\u003c/p>\n\u003cp>CalMatters was able to review cases in four jurisdictions with more advanced case management systems. In Orange County, for instance, the search identified 219 domestic violence restraining order requests filed the same month that Calley Garay filed her request in Madera County.\u003c/p>\n\u003cp>The Orange County records show that in 25 cases, an allegedly armed abuser was ordered to stay away from someone — either temporarily or for as long as a few years — and turn in any firearms or ammunition they owned while the order was in effect.\u003c/p>\n\u003cp>In only one of those cases did the restrained party file paperwork indicating they had turned in guns. (In several instances, the accused abuser wasn’t formally served and the temporary order expired.)\u003c/p>\n\u003cfigure id=\"attachment_11902184\" class=\"wp-caption aligncenter\" style=\"max-width: 1920px\">\u003cimg class=\"size-full wp-image-11902184\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2022/01/20211101_CalMatters_FamilyJusticeCenter_A_21-2-e1642798644210.jpg\" alt='A box of papers that says \"Confidential.\"' width=\"1920\" height=\"1282\">\u003cfigcaption class=\"wp-caption-text\">A box of past temporary restraining orders from the court waiting to be picked up by clients at the Sacramento Regional Family Justice Center in Sacramento on Nov. 1, 2021. \u003ccite>(Salgu Wissmath/CalMatters)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Among the individuals who didn’t was a 28-year-old Garden Grove man who allegedly texted his ex-girlfriend, threatening to shoot into her house, and later drove by firing into the air, according to her request for a restraining order (CalMatters doesn’t name victims without their consent). The court granted the ex-girlfriend a full restraining order. Court records show the man didn’t attend the hearing, and there’s nothing in the file indicating the court followed up on the gun allegations.\u003c/p>\n\u003cp>A 30-year-old Pasadena man did attend the hearing on his ex-girlfriend’s restraining order request. She accused him of texting “I have my gun, so if you want to involve your brother, I’ll shoot to kill.”\u003c/p>\n\u003cp>“I’m going to execute you today. You’ll be gone forever. The minute you come outside, I’m going to shoot you,” he texted.\u003c/p>\n\u003cp>A transcript of the hearing shows the judge asked the man for his side of the story.\u003c/p>\n\u003cp>“Your Honor, I don’t dispute anything that she said,” the man stated. Despite the admission, the judge didn’t ask a single question about the supposed gun, nor did the judge tell the man he had to surrender his firearms.\u003c/p>\n\u003cp>[pullquote size=\"medium\" align=\"right\" citation=\"Jane Stoever, director, Domestic Violence Clinic at UC Irvine School of Law\"]'For there to be that many cases of known firearms in the home and then that lack of follow-through when there is an opportunity for safety — we're failing.'[/pullquote]A month after that hearing, the man allegedly violated the order by contacting her again. He was charged criminally with violating the restraining order 11 times from late July through August of 2020. The case is still open.\u003c/p>\n\u003cp>CalMatters also reviewed cases from the first two weeks of 2020 to see whether there was a difference pre-pandemic. In nine cases where judges issued a full restraining order after a hearing against someone accused of being armed, none of the files included proof that any guns were surrendered.\u003c/p>\n\u003cp>“It’s devastating to hear this,” said Jane Stoever, a law professor who directs the Domestic Violence Clinic at UC Irvine School of Law. “For there to be that many cases of known firearms in the home and then that lack of follow-through when there is an opportunity for safety — we’re failing.”\u003c/p>\n\u003cp>CalMatters provided the list of cases and questions to the Orange County Superior Court.\u003c/p>\n\u003cp>A spokesperson returned written responses, saying judges are limited in what they can do without evidence and that the court is “not an investigating or prosecuting agency.”\u003c/p>\n\u003cp>“The Court has no enforcement authority. This is a basic fact of the Constitutional separation of powers,” according to the statement. \"Judges may hold [a] review hearing, if it is brought to their attention by law enforcement or one of the parties that a restrained person has a firearm.”\u003c/p>\n\u003cp>A court spokesperson declined to talk about specific cases.\u003c/p>\n\u003ch2 style=\"text-align: center;\">III\u003c/h2>\n\u003cp>When Calley Garay filled out the restraining order request form, she checked the boxes saying Julio had a firearm and that he’d threatened her with it. And she included 11 single-spaced pages of abuse allegations, including the story about him putting a gun to her head in the orchard.\u003c/p>\n\u003cp>The court immediately issued a temporary restraining order, which told Julio he couldn’t have guns or ammunition and told him to surrender them to a licensed dealer or to law enforcement.\u003c/p>\n\u003cp>“The judge will ask you for proof that you did so,” the order stated.\u003c/p>\n\u003cp>Three days later, on June 15, a hearing took place in front of Judge Brian Austin, a former police officer elected to the bench in 2018.\u003c/p>\n\u003cp>A transcript of the proceedings shows there was talk about custody and hearing dates.\u003c/p>\n\u003cfigure id=\"attachment_11902152\" class=\"wp-caption aligncenter\" style=\"max-width: 1920px\">\u003cimg class=\"size-full wp-image-11902152\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2022/01/092821_JulioGaray_LV_sized_01-e1642798946208.jpg\" alt='The outside of a building that says \"Superior Court of California County of Madera.\"' width=\"1920\" height=\"1280\">\u003cfigcaption class=\"wp-caption-text\">Madera County Superior Court. \u003ccite>(Larry Valenzuela/CalMatters)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>The judge — who had indicated on the record that he reviewed Calley’s filing — asked just one question about guns.\u003c/p>\n\u003cp>“Sir, there’s no information that you have any guns or firearms or ammunition. Do you think you have any of these items?” the judge asked.\u003c/p>\n\u003cp>“No,” Julio Garay replied.\u003c/p>\n\u003cp>Judge Austin declined to comment for this story, citing ongoing court proceedings.\u003c/p>\n\u003cp>The next hearing was July 6. The judge asked no questions about the gun; the issue of firearms didn’t come up, according to a transcript of the hearing.\u003c/p>\n\u003cp>The judge continued the case to the end of the month and told Julio that he still had to stay away from Calley and the kids. In the courtroom, Julio turned in his seat toward his wife, a witness later testified. He started tapping his foot.\u003c/p>\n\u003cp>There was not a third hearing.\u003c/p>\n\u003ch2>Some courts do better than others\u003c/h2>\n\u003cp>Even the advocates acknowledge that family courts are limited. Judges aren’t law enforcement officers; they don’t go out to search people’s homes. And experts say many don’t have enough resources to do more, given the volume of cases.\u003c/p>\n\u003cp>Still, some courts do have clear protocols to at least attempt to enforce firearm relinquishment orders.\u003c/p>\n\u003cp>Take Mendocino County on California’s North Coast. CalMatters reviewed 19 cases filed in Mendocino County’s Superior Court the same month that Calley filed her request in Madera. The records reveal a clear and consistent process for handling firearm relinquishment in restraining order cases.\u003c/p>\n\u003cp>Cindee Mayfield has been a Mendocino County judge for almost 24 years, including 10 in family court. She praised the state Judicial Council for educating judges about firearm issues and said such training encouraged her to develop her court’s approach.\u003c/p>\n\u003cp>After a temporary restraining order is issued or a hearing set, her court does a background check on an alleged abuser, looking for registered firearms. The search is noted in every case docket. If there is a registered firearm, or the person asking for the order indicates the abuser is armed, the judge will ask about alleged guns at a hearing to make a record of the issue. If alleged abusers deny owning a gun, the court has them sign a statement under penalty of perjury saying they don’t have guns. If there is evidence of a gun and no proof of surrender, the judge holds a special hearing.\u003c/p>\n\u003cp>In the three cases CalMatters found where the court issued a full restraining order against an allegedly armed abuser, two of the men filed proof they surrendered guns. In the third case, Mayfield held a special hearing because the man didn’t file such proof.\u003c/p>\n\u003cp>Mendocino is a rural county where hunting and ranching are a way of life, so the issue comes up often, Mayfield said.\u003c/p>\n\u003cp>“We have a lot of people that do have registered firearms,” she said. “They’re sometimes kind of loath to give them up. And so sometimes we do have to do follow-up hearings with people just to verify the fact they’ve complied with the law.”\u003c/p>\n\u003cp>Mayfield said it’s important to have clear, consistent policies.\u003c/p>\n\u003cp>“I do kind of feel bad sometimes because they want them for wildlife or snakes or what have you on their ranches,” she said. “But it’s like, at this point for the next three years, I’m sorry, you’re just not going to have guns because it’s not safe.”\u003c/p>\n\u003cp>The Legislature has made some efforts to force all courts to act more like Mendocino. A 2019 bill would have required family court judges \u003ca href=\"https://leginfo.legislature.ca.gov/faces/billVersionsCompareClient.xhtml?bill_id=201920200AB465&cversion=20190AB46597AMD\">to hold special hearings\u003c/a> on firearm relinquishment, among other changes. As it stands, such \u003ca href=\"https://www.courts.ca.gov/cms/rules/index.cfm?title=five&linkid=rule5_495\">hearings are optional\u003c/a> in family court. (Criminal court judges can also issue protective orders when an abuser is charged with a crime. Those criminal court judges don’t have the same discretion and \u003ca href=\"https://www.courts.ca.gov/cms/rules/index.cfm?title=four&linkid=rule4_700\">must hold hearings\u003c/a> on firearms if they believe the subject of such a protective order is armed.)\u003c/p>\n\u003cp>The Judicial Council \u003ca href=\"https://leginfo.legislature.ca.gov/faces/billAnalysisClient.xhtml?bill_id=201920200AB465\">opposed the bill\u003c/a>, saying it presented “workload challenges” and that significant procedural changes could affect court operations and lead to delays. The bill was ultimately gutted and replaced with something else.\u003c/p>\n\u003cp>Lawmakers came back at the issue this past year. The Judicial Council worked with the author to resolve “the procedural problems” of the prior legislation, according to the council’s statement. \u003ca href=\"https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202120220SB320\">That bill\u003c/a> — a more modest effort that still doesn’t require special firearm hearings — passed without council opposition.\u003c/p>\n\u003ch2 style=\"text-align: center;\">IV\u003c/h2>\n\u003cp>Julio’s 2020 date to appear before a criminal court judge was pushed back from mid-July to Sept. 14 because law enforcement needed time to interview the children, according to the district attorney. In texts to her cousin Rodriguez, Calley expressed frustration at the pace, mentioning COVID-related delays and including an angry, swearing emoji.\u003c/p>\n\u003cp>With her husband still out there and armed, Calley and the kids stayed holed up in a secret shelter outside the city, her family said.\u003c/p>\n\u003cp>“They were together,” her mother, Jodie Williams, said in a recent interview. “That’s all that mattered.”\u003c/p>\n\u003cp>Text messages between Calley and Rodriguez show the young mother’s hope for the future.\u003c/p>\n\u003cp>“Today we are celebrating freedom in many ways!!!” Calley wrote on July 4, 2020.\u003c/p>\n\u003cp>In another, she texted: “All the things he wouldn’t let me wear,” along with a photo of earrings, makeup and nail polish.\u003c/p>\n\u003cp>Calley was searching for apartments out of the area, near police stations, in case he ever came looking for her, Rodriguez said. And despite life in hiding, she was taking care of herself. She’d lost weight and scheduled a doctor’s appointment at Camarena Health in Madera for July 14, records show.\u003c/p>\n\u003cp>The day before that appointment, a receptionist at the health center called the number in the clinic’s system to confirm the date and time.\u003c/p>\n\u003cp>A man answered.\u003c/p>\n\u003cp>Julio hung up his cellphone after telling the receptionist that he would take a message for his wife. Calley would be at Camarena Health on East Almond Avenue in Madera at 1:15 p.m. the next day. He started getting his affairs in order. There wasn’t much time.\u003c/p>\n\u003cp>From a friend, he borrowed a white Chevy pickup truck with a pink crown decal in the back window and a dent on the rear passenger side. The morning of July 14, 2020, he arrived at the county clerk’s office right when it opened at 8 a.m. Visitor logs show he was the fifth person in the door.\u003c/p>\n\u003cp>There, he filed paperwork to have the home he was living in transferred to his adult daughter from a prior marriage. Then he went to an auto parts store to buy car window shades, which he’d need for what he did next.\u003c/p>\n\u003cp>Julio drove into the parking lot on East Almond Avenue sometime before 10:45 a.m. That’s when an administrative assistant at a dialysis center, which shares a parking lot with Camarena, went to Starbucks. The worker later testified that he saw a white pickup parked next to his and a man sitting behind the wheel.\u003c/p>\n\u003cp>The truck was backed into a spot and Julio had a clear view of the health center door. The window shades would have obscured his face from passersby but also shielded him from the midday sun. He sat there for hours in the 90-degree heat.\u003c/p>\n\u003cp>Sometime after 1 p.m., he watched the 2007 white Toyota Sienna minivan pull up and let Calley out with their two youngest boys, who were wearing matching jersey-style T-shirts, red with black sleeves. He saw her walk in and watched the minivan pull away to get gas and then return a short time later, parking a few spaces from the front doors of the clinic.\u003c/p>\n\u003cp>His oldest son, then 6, was in the parked minivan, a victim services worker in the driver seat. They talked about the boy’s favorite TV show until he fell asleep.\u003c/p>\n\u003cp>At 2:28 p.m, Calley exited the health center holding her 1-year-old in one arm with the 4-year-old walking next to her. She opened the sliding door on the passenger side so the older boy could get in. She leaned in to put the 1-year-old in his car seat.\u003c/p>\n\u003cp>Calley must have heard something because she whipped her head around. She shouted, “No,” before scrambling into the van, shielding her boys from their father, who was running toward them with a .380 pistol, arm outstretched, firing.\u003c/p>\n\u003cp>Julio Garay fired six times, hitting his wife in the head and chest — at one point placing his hand on the car for support as he leaned into the vehicle. Calley died between the front seat and middle row, her children in their car seats.\u003c/p>\n\u003ch2 style=\"text-align: center;\">Coda\u003c/h2>\n\u003cp>Police tracked Julio’s phone to a motel in Marina, two hours away in Monterey County. The local police there, including a SWAT team, arrested Julio that night. He surrendered peacefully.\u003c/p>\n\u003cp>The Madera police and district attorney’s office threw a team of skilled, veteran investigators at the case. In the end, they recovered an overwhelming amount of evidence. There were fingerprints, enhanced video showing the crown decal on the borrowed truck captured by the health center’s surveillance camera, partial DNA.\u003c/p>\n\u003cp>They searched the home where Calley and Julio lived, finding the broken hair brush behind a dresser — right where Calley had told them it flew during a beating. They got Julio’s adult son from a previous marriage to talk about the time Julio allegedly took that wife into the orchards and threatened to shoot her — just like the threat Calley had reported. And they talked to the girlfriend of another adult son who told them about Julio showing off a .380 pistol — the same caliber as the murder weapon. All of it corroborated what Calley had told them more than a month before.\u003c/p>\n\u003cp>All of it was too late.\u003c/p>\n\u003cp>A top prosecutor in the district attorney’s office, Eric DuTemple, expertly laid out the evidence over the course of three weeks, starting in late September. Julio Garay didn’t testify in his own defense, and family members, who attended the trial, declined to participate in this story. The jury deliberated for a day before finding Julio Garay guilty on all counts and enhancements. He was sentenced to life in prison without the possibility of parole.\u003c/p>\n\u003cfigure id=\"attachment_11902154\" class=\"wp-caption aligncenter\" style=\"max-width: 1920px\">\u003cimg class=\"size-full wp-image-11902154\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2022/01/092821_JulioGaray_LV_sized_11-e1642799754505.jpg\" alt=\"A man wearing a white button down shirt and mask is sitting with his elbows on a desk.\" width=\"1920\" height=\"1280\">\u003cfigcaption class=\"wp-caption-text\">Julio Garay listens to testimonies with his tattoo of his wife’s name, Calley, visible on his hand inside the Madera County Superior Court in Madera, Sept. 29, 2021. \u003ccite>(Larry Valenzuela/CalMatters)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>After the verdict, Calley’s mom, Jodie Williams, stood outside the courthouse and talked about her daughter.\u003c/p>\n\u003cp>“She loved to laugh, and she was just a good kid. She’s a really good kid. Really beautiful spirit,” Williams said. “She gave her life for her children.”\u003c/p>\n\u003cp>\u003ca href=\"https://www.fresnobee.com/news/local/article248131480.html\">Calley’s death spurred legislation\u003c/a> aimed at protecting medical, education and other records from abusers. There’s been no discussion, however, about why Julio was armed and how to better disarm abusers.\u003c/p>\n\u003cp>After the conviction, Madera District Attorney Sally Moreno — a former police officer and Army reservist — talked about the case. As in many areas, domestic violence is a big problem in the community, she said.\u003c/p>\n\u003cp>“It’s been a rising issue the last several years. But it’s always an issue,” she said. “And it’s always going on in the background.”\u003c/p>\n\u003cfigure id=\"attachment_11902157\" class=\"wp-caption aligncenter\" style=\"max-width: 1920px\">\u003cimg class=\"size-full wp-image-11902157\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2022/01/Sanchez-32-scaled-e1642799856229.jpg\" alt=\"Three women stand together with one woman in the middle with her arms around the other two.\" width=\"1920\" height=\"1445\">\u003cfigcaption class=\"wp-caption-text\">Jodie Williams, Calley's mother (left), and friends begin to cry as speakers remember Calley in October 2021. \u003ccite>(Zaydee Sanchez/CalMatters)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Moreno spent years working domestic violence cases. Convictions are tough because the abuse often happens in private and witnesses sometimes stop cooperating. Moreno said she and the office did some soul-searching after the killing.\u003c/p>\n\u003cp>“We did look at it and it was painful to tear it apart and to hope that we hadn’t failed her somewhere,” Moreno said, adding that she doesn’t think they could have done anything to prevent the tragedy, given the lengths to which Julio was prepared to go.\u003c/p>\n\u003cp>She said there was no way to keep him in custody and the more serious allegations — which would have gotten him a longer prison sentence — took time to investigate.\u003c/p>\n\u003cp>She also said retrieving guns can be difficult. Law enforcement needs probable cause to get a warrant. And the sad reality is that “there are enough guns on the street and whatnot that if somebody wants to get a gun, they’re going to be able to do it.”\u003c/p>\n\u003cp>“We’d like to be able to confiscate people’s guns, but we have a long history of respecting people’s homes and property,” she said. “And so there’s a lot of hurdles to go over before we do those things, and the law tries to balance that.”\u003c/p>\n\u003cp>Law enforcement never was able to find Julio’s gun, which the prosecutor DuTemple mused during trial “is probably at the bottom of Monterey Bay right now.”\u003c/p>\n\u003cp>Law enforcement did find open boxes of bullets in Julio’s Cadillac Escalade with its vanity plate “GARAY1” when they arrested him in Marina.\u003c/p>\n\u003cp>They also found a manila folder on the floorboard behind the console. Inside was a copy of the domestic violence restraining order signed by a Madera County Superior Court judge — just a piece of paper after all.\u003c/p>\n\u003cfigure id=\"attachment_11902192\" class=\"wp-caption aligncenter\" style=\"max-width: 1100px\">\u003cimg class=\"size-full wp-image-11902192\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2022/01/Sanchez-5-2-e1642799963885.jpg\" alt='A fence with balloons that says \"Calley Jean Strong.\"' width=\"1100\" height=\"733\">\u003cfigcaption class=\"wp-caption-text\">At a domestic violence awareness rally, balloons spell out \"Calley Jean Strong,\" in honor of Calley Garay, on Oct. 23, 2021. \u003ccite>(Zaydee Sanchez/CalMatters)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>\u003cem>If you or a loved one is experiencing domestic violence and need help, call the National Domestic Violence Hotline at (800) 799-SAFE (7233) or the California Partnership to End Domestic Violence at (916) 444-7163. You can also find local organizations in California at \u003c/em>\u003ca href=\"https://www.cpedv.org/domestic-violence-organizations-california\">\u003cem>this site\u003c/em>\u003c/a>\u003cem>.\u003c/em>\u003c/p>\n\u003cp>\u003cem>Outgunned, a CalMatters series, is supported by a grant from the Cohn family.\u003c/em>\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n","blocks":[],"excerpt":"When California judges fail to ask detailed questions or use their power to disarm abusers, domestic violence survivors can face potentially deadly consequences.","status":"publish","parent":0,"modified":1643737516,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":166,"wordCount":6985},"headData":{"title":"'He Will Find Me': The Story of a Woman, Her Killer, and How California Courts Fail to Disarm Abusers | KQED","description":"When California judges fail to ask detailed questions or use their power to disarm abusers, domestic violence survivors can face potentially deadly consequences.","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":"","schema":{"@context":"http://schema.org","@type":"NewsArticle","headline":"'He Will Find Me': The Story of a Woman, Her Killer, and How California Courts Fail to Disarm Abusers","datePublished":"2022-01-21T21:27:24.000Z","dateModified":"2022-02-01T17:45:16.000Z","image":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png","isAccessibleForFree":"Y","publisher":{"@type":"NewsMediaOrganization","@id":"https://www.kqed.org/#organization","name":"KQED","url":"https://www.kqed.org","logo":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png"}}},"disqusIdentifier":"11902140 https://ww2.kqed.org/news/?p=11902140","disqusUrl":"https://ww2.kqed.org/news/2022/01/21/he-will-find-me-the-story-of-a-woman-her-killer-and-how-california-courts-fail-to-disarm-abusers/","disqusTitle":"'He Will Find Me': The Story of a Woman, Her Killer, and How California Courts Fail to Disarm Abusers","audioUrl":"https://traffic.omny.fm/d/clips/0af137ef-751e-4b19-a055-aaef00d2d578/ffca7e9f-6831-41c5-bcaf-aaef00f5a073/f2cab76e-aeb1-4c5e-b156-ae24017629ad/audio.mp3","nprByline":"\u003ca href=\"https://calmatters.org/author/robert-lewis/\">Robert Lewis\u003c/a>\u003cbr>\u003ca href=\"https://calmatters.org/\">CalMatters\u003c/a>","excludeFromSiteSearch":"Include","showOnAuthorArchivePages":"No","path":"/news/11902140/he-will-find-me-the-story-of-a-woman-her-killer-and-how-california-courts-fail-to-disarm-abusers","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>\u003c/p>\u003cp>\u003cspan class=\"utils-parseShortcode-shortcodes-__dropcapShortcode__dropcap\">E\u003c/span>\u003c/p>\u003cp>ighteen miles south of the Central Valley home that was her prison, down Highway 99 past almond orchards and trucks overloaded with hay bales, sits the Madera County Superior Court. The four-story steel structure with its light granite exterior boasts 10 courtrooms, large flat-screen monitors and a glass-skinned atrium. The \u003ca href=\"https://www.courts.ca.gov/facilities-madera.htm\">courthouse opened in 2015\u003c/a> in this county of 160,000, part of a decades-long effort to shift funding and oversight of local courts to the state and ensure equal access to justice for all Californians.\u003c/p>\n\u003cp>“The Madera Courthouse was designed to demonstrate the transparency and dignity of democracy, providing a place to facilitate the workings of the American ideals of justice,” the \u003ca href=\"https://www.acmartin.com/portfolio/madera-county-courthouse\">architect’s website\u003c/a> says.\u003c/p>\n\u003cp>Calley Garay, a 32-year-old mother of three young boys, came here in June 2020 seeking protection against a husband she said was abusive.\u003c/p>\n\u003cp>Julio Garay warned her that a restraining order was nothing more than a piece of paper and wouldn’t keep him away, court records say.\u003c/p>\n\u003cp>But the beatings were getting worse, the threats more ominous, and local law enforcement was still investigating her allegations. She needed help. So, planning for a new life with her children free from his control, Calley filled out the standard domestic violence restraining order request. Hers was one of \u003ca href=\"https://www.courts.ca.gov/documents/2021-Court-Statistics-Report.pdf\">72,000 such forms\u003c/a> Californians — mostly women — filed statewide that fiscal year, including 211 in Madera County.\u003c/p>\n\u003cp>\u003cem>We are now married or registered domestic partners.\u003c/em> Check.\u003c/p>\n\u003cp>\u003cem>We are the parents together of a child or children under 18.\u003c/em> Check.\u003c/p>\n\u003cp>\u003cem>I believe the person…owns or possesses guns, firearms, or ammunition.\u003c/em> Check.\u003c/p>\n\u003cp>The answer to that last question on Calley’s form told the court her case could be particularly dangerous. Research shows the presence of a firearm increases the likelihood \u003ca href=\"https://jhu.pure.elsevier.com/en/publications/armed-prohibited-and-violent-at-home-implementation-and-enforceme\">domestic violence will turn deadly\u003c/a>. It’s why people who are the subject of a restraining order in California — even a temporary one — aren’t allowed to have guns. \u003ca href=\"https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=FAM§ionNum=6389.\">By law\u003c/a>, they are supposed to surrender their weapons to law enforcement or a licensed dealer within 24 hours of being served.\u003c/p>\n\u003cp>And if a simple check box wasn’t enough to grab a judge’s attention, Calley attached to the form more than a dozen pages of horror, including descriptions of assaults and photos of bruises on her leg, back and chest.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"'He has always told me that a restraining order is not bulletproof and that he will find me.'","name":"pullquote","attributes":{"named":{"size":"medium","align":"right","citation":"Calley Garay, in court documents","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>Through it all was mention of a gun — a gun in his pocket when he yelled at her outside their son’s school. A gun when he threatened to take her into the orchards and kill her.\u003c/p>\n\u003cp>What happened to Calley Garay — a story that culminated in the Madera courthouse last November — is about more than one woman. It’s about California’s inability to disarm abusers, a longstanding failure that judges, advocates and law enforcement have been warning about for years.\u003c/p>\n\u003cp>CalMatters spent months combing through government reports, reviewing case files in various counties, and interviewing people across the state. The reporting shows that equal access to justice is still elusive. The protections domestic abuse survivors get from the courts vary widely, depending on where they live or the judge handling their case.\u003c/p>\n\u003cp>And California, with arguably the toughest gun control measures in the country, too often struggles to enforce those laws.\u003c/p>\n\u003cp>In July, \u003ca href=\"https://calmatters.org/justice/2021/07/california-gun-law-failing/\">CalMatters reported\u003c/a> on the state Justice Department’s difficulty clearing a backlog of cases in its Armed and Prohibited Persons System, a database of known gun owners who are barred from having firearms because of a conviction or other court order. At the start of last year, 24,000 people were in the system, including nearly 4,600 because of a restraining order. Those are just the people California knows have guns. It doesn’t include the many people — like Julio Garay — whom abuse survivors say possess unregistered firearms.\u003c/p>\n\u003cp>In her request for a restraining order, Calley ended her description of a May 7, 2020, attack — the one that drove her to leave — by telling the court about fear.\u003c/p>\n\u003cp>“He has always told me that a restraining order is not bulletproof and that he will find me,” she wrote.\u003c/p>\n\u003cp>A month later, he did.\u003c/p>\n\u003ch2 style=\"text-align: center;\">I\u003c/h2>\n\u003cp>Calley Jean Garay realized she had to escape in May of 2020. Everything was getting worse.\u003c/p>\n\u003cp>The beatings were frequent and with whatever was at hand: June 2019, a belt. August 2019, a steel-toe boot. November 2019, a screwdriver. February 2020, a fire poker. May 2020, a black metal bar. In one attack, her 6-foot, 260-pound husband hit her so hard with a hair brush that it broke and flew behind her dresser.\u003c/p>\n\u003cp>CalMatters pieced together Calley’s story through interviews, state and federal court filings and sworn testimony. An attorney for Julio Garay said his client wouldn’t talk for this article.\u003c/p>\n\u003cp>Records show that almost anything could set him off. A misplaced receipt, coffee that was too hot, a truck that wouldn’t start. The first time he hit her — punching her glasses off her face while sitting in a Taco Bell drive-thru in December 2012, shortly after they'd started dating — was after arguing on the phone with his prior wife. Another time he beat Calley because some men had cheated him in a car deal and Julio blamed her for not having his back.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"aside","attributes":{"named":{"postid":"news_11898155,news_11890534,news_11877217","label":"Related Stories "},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>Calley said he had a signal when he felt she was disobeying him and a beating was coming. He’d start tapping his foot on the ground.\u003c/p>\n\u003cp>If she stayed, there was only one way it was going to end.\u003c/p>\n\u003cp>“She was terrified that she was going to die if she didn’t get out of there and her kids were going to be killed as well,” said Sarah Rodriguez, 37, Calley’s cousin, who grew up with her in Chowchilla, a city of 18,000.\u003c/p>\n\u003cp>Rodriguez’s mother, Terry Bassett, lived near the Garays in the quiet neighborhood of well-kept single-family homes. Bassett’s son was in the front yard in early May of 2020 when Calley — who might have lived a world away for how little she saw of the family by then — made a quick U-turn in front of him and told him to have her aunt come by to talk, Rodriguez said.\u003c/p>\n\u003cp>That conversation kicked off a flurry of calls and activity in Calley’s large family. They were getting their girl back, but she needed help.\u003c/p>\n\u003cp>Rodriguez said she and her mother rented a black Toyota SUV out of town and parked it away from the house. They reached out to a local victim services organization, which helped arrange for a hotel room for Calley and the boys, then ages 1, 4, and nearly 6.\u003c/p>\n\u003cp>The day of the escape would be May 15, 2020, when Julio, a truck driver for Save Mart, was working in Monterey. There would be a window between 3 a.m. and 5 a.m. when he wouldn’t be checking in by phone to make sure she was home.\u003c/p>\n\u003cfigure id=\"attachment_11902155\" class=\"wp-caption aligncenter\" style=\"max-width: 800px\">\u003ca href=\"https://ww2.kqed.org/app/uploads/sites/10/2022/01/111521-Julio-Garay-Mugshot-CM-Background-01-.jpeg\">\u003cimg class=\"size-medium wp-image-11902155\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2022/01/111521-Julio-Garay-Mugshot-CM-Background-01--800x533.jpeg\" alt=\"A mugshot of a man with a black shirt in Madera County Department of Corrections.\" width=\"800\" height=\"533\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2022/01/111521-Julio-Garay-Mugshot-CM-Background-01--800x533.jpeg 800w, https://ww2.kqed.org/app/uploads/sites/10/2022/01/111521-Julio-Garay-Mugshot-CM-Background-01--1020x680.jpeg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2022/01/111521-Julio-Garay-Mugshot-CM-Background-01--160x107.jpeg 160w, https://ww2.kqed.org/app/uploads/sites/10/2022/01/111521-Julio-Garay-Mugshot-CM-Background-01--1536x1024.jpeg 1536w, https://ww2.kqed.org/app/uploads/sites/10/2022/01/111521-Julio-Garay-Mugshot-CM-Background-01--2048x1366.jpeg 2048w, https://ww2.kqed.org/app/uploads/sites/10/2022/01/111521-Julio-Garay-Mugshot-CM-Background-01--1920x1280.jpeg 1920w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Julio Garay’s booking photo from the Madera County Department of Corrections. \u003ccite>(courtesy of the Madera County district attorney’s office)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Bassett stood by the front window in the dark early morning, waiting to see Calley come out of the house. But the time began to tick away: 4 a.m. ... 5 a.m. ... 5:30.\u003c/p>\n\u003cp>Bassett was in constant contact with Rodriguez. They wondered if they should knock on the door. But what if he’d come back?\u003c/p>\n\u003cp>Calley had tried to escape once before in 2015, the year the couple married. She went to the Chowchilla police and had criminal domestic violence charges filed against him. She also sought a restraining order from the family court in Madera, alleging he threatened to shoot her head “clean off.” But she had a 1-year-old son and was pregnant with a second, and gave up on the restraining order, records show. Calley’s family believes he found out where she was hiding and forced her home.\u003c/p>\n\u003cp>Julio took a plea deal in the criminal case. The same day in 2016 that she was in a Fresno hospital giving birth, he was in a Madera courtroom pleading no contest to disturbing the peace “by loud and unreasonable noise.” He got off without jail time.\u003c/p>\n\u003cp>At 6 a.m. on May 15, 2020, Calley finally emerged from the house. It turned out, she had forgotten to pack Julio chips in his lunch and he’d called to yell at her, telling her he was going to put her in the morgue, Rodriguez said.\u003c/p>\n\u003cp>The aunt rushed over, and they loaded the three sleepy boys into the rented SUV and drove straight to the Chowchilla police station.\u003c/p>\n\u003cp>Officer Ernest Escalera took the report. Over the course of an hour, she told him about the assaults and how Julio had warned that a restraining order wasn’t bulletproof, he would later testify.\u003c/p>\n\u003cp>“She was crying and stated that he was going to try and kill her,” Escalera said. They did the interview in the lobby of the station because of COVID and Calley seemed distracted — watching the passing cars and saying she expected to see him. A female sergeant took photos of the bruises over Calley’s body.\u003c/p>\n\u003cp>The family then drove Calley and the children to the hotel.\u003c/p>\n\u003ch2>Threats. Beatings. Escape plans. Secret hotel rooms\u003c/h2>\n\u003cp>This is the reality for domestic violence survivors every day across California. Many, like Calley, connect with a local nonprofit to help navigate the justice system.\u003c/p>\n\u003cp>In Sacramento County, these survivors end up on the third floor of a modern office building, at the \u003ca href=\"https://www.sacramentofjc.org/\">Sacramento Regional Family Justice Center\u003c/a>. Like the victim services organization that helped Calley, this is where police and prosecutors in the capital city often refer abuse survivors for everything from counseling and shelter to filling out court forms and legal advice. The center is conveniently located above the county’s child support services and across the street from family court.\u003c/p>\n\u003cp>Some people end up here on their own. In fact, many women and men experiencing abuse choose not to involve law enforcement for a variety of reasons, experts say, including fear of police, concern about the impact on child support, and the risk of further antagonizing a dangerous partner. Instead, they might seek only protection via a family court-issued domestic violence restraining order. That means a family court judge might be the only official to ask about a gun and try to ensure an abuser is disarmed.\u003c/p>\n\u003cp>On a recent morning at the Sacramento office, a handful of women sat in a waiting room for their turn to speak with a counselor or attorney. Inside, others were in private rooms — named after domestic violence homicide victims — sharing their tales of abuse and getting help filling out a state form called a \u003ca href=\"https://www.courts.ca.gov/documents/dv100.pdf\">DV-100\u003c/a>, the court system’s restraining order request form. A golden Labradoodle named Buddy wandered the office, trained to nuzzle up to those in emotional distress.\u003c/p>\n\u003cp>The office sees as many as three dozen people each day, mostly women. Hanging from the ceiling in one wing of the suite are stuffed sea creatures that a detective brought in, a cheerful addition for the kids who often accompany the abuse survivors and who sometimes must share their own stories in special interview rooms.\u003c/p>\n\u003cfigure id=\"attachment_11902182\" class=\"wp-caption aligncenter\" style=\"max-width: 1200px\">\u003cimg class=\"size-full wp-image-11902182\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2022/01/20211101_CalMatters_FamilyJusticeCenter_A_23-2.jpg\" alt=\"A box filled with papers.\" width=\"1200\" height=\"801\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2022/01/20211101_CalMatters_FamilyJusticeCenter_A_23-2.jpg 1200w, https://ww2.kqed.org/app/uploads/sites/10/2022/01/20211101_CalMatters_FamilyJusticeCenter_A_23-2-800x534.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2022/01/20211101_CalMatters_FamilyJusticeCenter_A_23-2-1020x681.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2022/01/20211101_CalMatters_FamilyJusticeCenter_A_23-2-160x107.jpg 160w\" sizes=\"(max-width: 1200px) 100vw, 1200px\">\u003cfigcaption class=\"wp-caption-text\">A box of past temporary restraining orders from the court waiting to be picked up by clients at the Sacramento Regional Family Justice Center in Sacramento on Nov. 1, 2021. The center provides support for survivors of domestic violence and elder abuse. \u003ccite>(Salgu Wissmath/CalMatters)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>The center’s case managers and attorneys always ask new clients whether their abuser has guns and to make sure to include that information on restraining order request forms, said Faith Whitmore, the center’s chief executive officer.\u003c/p>\n\u003cp>But, she said, judges there don’t seem to follow up — failing to ask detailed questions or use their power to try to force abusers to comply. Among those powers: Family courts are empowered to hold hearings to check on the status of guns, and judges can hold abusers in contempt if a firearm isn’t surrendered.\u003c/p>\n\u003cp>Whitmore acknowledged it can be difficult for courts to know whether an abuser is actually armed. Many guns are unregistered, invisible in a background check. And sometimes victims believe there’s a gun but lack proof.\u003c/p>\n\u003cp>Still, the stakes are so high the courts should be trying harder — asking questions, holding hearings, checking for receipts, she said.\u003c/p>\n\u003cp>“If it is the law — and there’s a reason there is a law and the courts are the ones to enforce that — it seems that throwing up one’s hands should not be the default response,” Whitmore said.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"'We haven’t seen any kind of proactive approach from the courts to ensure that the individual has relinquished their guns.'","name":"pullquote","attributes":{"named":{"size":"medium","align":"right","citation":"Ayano Wolff, attorney, Legal Aid Foundation of Los Angeles","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>Social worker Yolanda Torres sat in on two recent cases in which victims alleged their abusers were armed. In one case, the gun was surrendered, Torres said. In the other, the abuser claimed to have sold the gun but “there was no follow-through,” she said — the court simply took the man’s word and moved on.\u003c/p>\n\u003cp>In Southern California, attorneys working with people experiencing domestic violence tell a similar story.\u003c/p>\n\u003cp>“We haven’t seen any kind of proactive approach from the courts to ensure that the individual has relinquished their guns,” said Ayano Wolff, an attorney with the \u003ca href=\"https://lafla.org/\">Legal Aid Foundation of Los Angeles\u003c/a>, or LAFLA.\u003c/p>\n\u003cp>California has no statewide statistics on how often armed abusers violate a restraining order and kill their partner, though it appears to be rare. The state Justice Department identifies about 50 \u003ca href=\"https://data-openjustice.doj.ca.gov/sites/default/files/2021-06/Homicide%20In%20CA%202020.pdf\">domestic violence-related homicides\u003c/a> each year in which the killer used a firearm. That’s compared to nearly 80,000 restraining order requests. More common appears to be the kind of terror CalMatters heard about in January from one of LAFLA’s clients, a 24-year-old woman who was staying at a domestic violence shelter after getting a restraining order against her husband.\u003c/p>\n\u003cp>The woman didn’t want her name used out of fear for her safety. But case filings showed that she told the court her husband had multiple guns and had threatened her with them.\u003c/p>\n\u003cp>“I have never done anything bad in my life,” she said through an interpreter, sobbing. “This man has made my life hell. I want justice.”\u003c/p>\n\u003cp>Nine months after that interview, she still was too fearful to use her name. Nothing in the court records indicates that her abuser, who admitted to having guns, has surrendered them.\u003c/p>\n\u003cp>One of her attorneys, Brenton Inouye, said it’s not surprising: “It’s really spotty as to whether it gets enforced or not.”\u003c/p>\n\u003ch2>Years of warnings about flaws in the system\u003c/h2>\n\u003cp>Judges, law enforcement professionals and advocates have been warning for years about such flaws in the system.\u003c/p>\n\u003cp>A 2005 report from a state attorney general’s task force indicated that California was \u003ca href=\"http://www.ncdsv.org/images/CA-AG_DVKeepingThePromiseVictimSafetyAndBattererAccountability_6-2005.pdf\">failing to disarm abusers\u003c/a>.\u003c/p>\n\u003cp>A state court system task force in 2008 found that people seeking restraining orders “erroneously believe that when the court orders the restrained person to relinquish firearms, either law enforcement or the courts will take steps to ensure that the order is followed.” Instead, the \u003ca href=\"https://www.courts.ca.gov/documents/dvpp_rec_guidelines.pdf\">onus is on gun owners\u003c/a> to comply, the report said.\u003c/p>\n\u003cp>A 2019 report from Sacramento County’s Domestic Violence Death Review Team flagged the issue, saying “proactive enforcement” of firearm relinquishment orders was \u003ca href=\"https://www.sacda.org/wp-content/uploads/2020/07/DVDRT-2019.pdf\">“currently nonexistent.”\u003c/a>\u003c/p>\n\u003cp>And last year, \u003ca href=\"https://lhc.ca.gov/\">California’s independent watchdog commission\u003c/a> said the state could \u003ca href=\"https://lhc.ca.gov/sites/lhc.ca.gov/files/Reports/256/Report256.pdf\">do more to recover guns\u003c/a> from abusers it knows possess registered firearms.\u003c/p>\n\u003cp>The focus has led to some changes, including laws aimed at identifying armed abusers. But experts say it’s not enough. Much of the problem — and potential solution — lies with family courts.\u003c/p>\n\u003cp>State law requires the courts to do\u003ca href=\"https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=FAM§ionNum=6306.\"> a background check\u003c/a> on alleged abusers before issuing a restraining order, including a search for legally purchased firearms. \u003ca href=\"https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201120120SB1433\">The requirement\u003c/a> only applies to courts with the resources to afford such background checks, and the state Judicial Council — the court system’s policy-making body — was legislatively tasked with determining which courts couldn’t comply. But as \u003ca href=\"https://calmatters.org/justice/2021/07/california-gun-law-failing/\">CalMatters reported\u003c/a> in July, that analysis was never done.\u003c/p>\n\u003cp>The council provided a statement to CalMatters, saying, “The council does not have a mandate to track which superior courts are conducting the background checks related to firearms relinquishment nor the authority to ensure enforcement of the relinquishment provisions.\"\u003c/p>\n\u003cp>Only 28 superior courts — fewer than half — have access to the state Justice Department’s web portal that would allow them to see whether an alleged abuser owns a legally purchased weapon, according to the attorney general’s office. While some courts told CalMatters their local sheriff’s office checks firearm registration for them, others acknowledged they don’t regularly get such records.\u003c/p>\n\u003cp>And even when courts do get information that an alleged abuser is armed with a registered — or unregistered — firearm, judges often fail to confirm that the guns are surrendered or to punish individuals who refuse to comply, interviews and case filings show.\u003c/p>\n\u003cp>“We have to come up with a better way of doing this. The honor system is not working,” said Paul Durenberger, a retired Sacramento County prosecutor who was in charge of his office’s family violence bureau.\u003c/p>\n\u003ch2 style=\"text-align: center;\">II\u003c/h2>\n\u003cp>The day after Calley made her report to Chowchilla police in May 2020, Julio Garay was arrested for assault, domestic violence, child abuse and making threats. The district attorney’s office didn’t immediately file charges.\u003c/p>\n\u003cp>Julio bailed out and was placed on the non-complaint calendar. That meant law enforcement would keep investigating and prosecutors could charge him before his scheduled court date of July 13.\u003c/p>\n\u003cp>On June 9, Chowchilla detective Brian Boivie went to the shelter to interview Calley. She told him about more instances of abuse, including some involving a gun, he later testified.\u003c/p>\n\u003cp>She told the detective that in November 2018, Julio returned home from the grocery store angry that their credit card was declined. He began beating her and then loaded her and the kids into the car and drove northwest out of Chowchilla just across the Merced County line.\u003c/p>\n\u003cp>She said Julio pulled into an orchard, angling the car so it would be easy to drive away. He grabbed a handgun and told her to get out.\u003c/p>\n\u003cp>“He then exited the vehicle himself with the firearm in his hand and pulled her out of the … passenger side of the vehicle and began kicking her and hitting her and forcing her down to her knees at the back of the vehicle,” Boivie testified she told him. “He mentioned that he was going to splatter her brains all over the kids, so tell them goodbye.”\u003c/p>\n\u003cp>He put the gun to the side of her head and pulled the trigger.\u003c/p>\n\u003cp>“She knew that the trigger was pulled because she heard the metal-on-metal click,” Boivie said.\u003c/p>\n\u003cp>CalMatters was unable to find evidence that Calley’s story about the orchard increased the urgency with which law enforcement approached the case. The Chowchilla Police Department denied requests for an interview and records because of ongoing court proceedings.\u003c/p>\n\u003cp>The department did not get any search warrants after her domestic violence complaints, law enforcement officials said.\u003c/p>\n\u003cp>The police did get Calley an emergency protective order after her initial May 15 report to police, which is a short-term restraining order that threatens abusers with criminal charges if they don’t stay away from the protected party.\u003c/p>\n\u003cp>On the form, filled out by a police officer, a box is checked stating that firearms were “searched for.”\u003c/p>\n\u003cp>It’s unclear what that means. The Chowchilla police chief declined to say. He called CalMatters’s questions about what his department did to disarm Julio Garay and why the investigation seemed to take so long “offensive.”\u003c/p>\n\u003cp>By mid-June, Calley was still in limbo, living at a shelter and reconnecting with family.\u003c/p>\n\u003cp>The Chowchilla Police Department, a small agency with one detective, was still looking into the abuse allegations — an investigation now in its fourth week — and the emergency protective order was set to expire.\u003c/p>\n\u003cp>A few days after her June 9 interview with Detective Boivie, Calley Garay turned to the family court in the hope a restraining order might protect her from her husband and his gun.\u003c/p>\n\u003ch2>How many weapons are surrendered after restraining orders? There's no data\u003c/h2>\n\u003cp>California has no data on how often alleged abusers surrender their weapons after a restraining order. The state court administration doesn’t track such information.\u003c/p>\n\u003cp>CalMatters asked the Los Angeles Superior Court, which handles a quarter of restraining order requests in the state, for records of domestic violence restraining order cases to attempt to compile such data. The court declined, saying it “does not fulfill individual data requests.”\u003c/p>\n\u003cp>CalMatters was able to review cases in four jurisdictions with more advanced case management systems. In Orange County, for instance, the search identified 219 domestic violence restraining order requests filed the same month that Calley Garay filed her request in Madera County.\u003c/p>\n\u003cp>The Orange County records show that in 25 cases, an allegedly armed abuser was ordered to stay away from someone — either temporarily or for as long as a few years — and turn in any firearms or ammunition they owned while the order was in effect.\u003c/p>\n\u003cp>In only one of those cases did the restrained party file paperwork indicating they had turned in guns. (In several instances, the accused abuser wasn’t formally served and the temporary order expired.)\u003c/p>\n\u003cfigure id=\"attachment_11902184\" class=\"wp-caption aligncenter\" style=\"max-width: 1920px\">\u003cimg class=\"size-full wp-image-11902184\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2022/01/20211101_CalMatters_FamilyJusticeCenter_A_21-2-e1642798644210.jpg\" alt='A box of papers that says \"Confidential.\"' width=\"1920\" height=\"1282\">\u003cfigcaption class=\"wp-caption-text\">A box of past temporary restraining orders from the court waiting to be picked up by clients at the Sacramento Regional Family Justice Center in Sacramento on Nov. 1, 2021. \u003ccite>(Salgu Wissmath/CalMatters)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Among the individuals who didn’t was a 28-year-old Garden Grove man who allegedly texted his ex-girlfriend, threatening to shoot into her house, and later drove by firing into the air, according to her request for a restraining order (CalMatters doesn’t name victims without their consent). The court granted the ex-girlfriend a full restraining order. Court records show the man didn’t attend the hearing, and there’s nothing in the file indicating the court followed up on the gun allegations.\u003c/p>\n\u003cp>A 30-year-old Pasadena man did attend the hearing on his ex-girlfriend’s restraining order request. She accused him of texting “I have my gun, so if you want to involve your brother, I’ll shoot to kill.”\u003c/p>\n\u003cp>“I’m going to execute you today. You’ll be gone forever. The minute you come outside, I’m going to shoot you,” he texted.\u003c/p>\n\u003cp>A transcript of the hearing shows the judge asked the man for his side of the story.\u003c/p>\n\u003cp>“Your Honor, I don’t dispute anything that she said,” the man stated. Despite the admission, the judge didn’t ask a single question about the supposed gun, nor did the judge tell the man he had to surrender his firearms.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"'For there to be that many cases of known firearms in the home and then that lack of follow-through when there is an opportunity for safety — we're failing.'","name":"pullquote","attributes":{"named":{"size":"medium","align":"right","citation":"Jane Stoever, director, Domestic Violence Clinic at UC Irvine School of Law","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>A month after that hearing, the man allegedly violated the order by contacting her again. He was charged criminally with violating the restraining order 11 times from late July through August of 2020. The case is still open.\u003c/p>\n\u003cp>CalMatters also reviewed cases from the first two weeks of 2020 to see whether there was a difference pre-pandemic. In nine cases where judges issued a full restraining order after a hearing against someone accused of being armed, none of the files included proof that any guns were surrendered.\u003c/p>\n\u003cp>“It’s devastating to hear this,” said Jane Stoever, a law professor who directs the Domestic Violence Clinic at UC Irvine School of Law. “For there to be that many cases of known firearms in the home and then that lack of follow-through when there is an opportunity for safety — we’re failing.”\u003c/p>\n\u003cp>CalMatters provided the list of cases and questions to the Orange County Superior Court.\u003c/p>\n\u003cp>A spokesperson returned written responses, saying judges are limited in what they can do without evidence and that the court is “not an investigating or prosecuting agency.”\u003c/p>\n\u003cp>“The Court has no enforcement authority. This is a basic fact of the Constitutional separation of powers,” according to the statement. \"Judges may hold [a] review hearing, if it is brought to their attention by law enforcement or one of the parties that a restrained person has a firearm.”\u003c/p>\n\u003cp>A court spokesperson declined to talk about specific cases.\u003c/p>\n\u003ch2 style=\"text-align: center;\">III\u003c/h2>\n\u003cp>When Calley Garay filled out the restraining order request form, she checked the boxes saying Julio had a firearm and that he’d threatened her with it. And she included 11 single-spaced pages of abuse allegations, including the story about him putting a gun to her head in the orchard.\u003c/p>\n\u003cp>The court immediately issued a temporary restraining order, which told Julio he couldn’t have guns or ammunition and told him to surrender them to a licensed dealer or to law enforcement.\u003c/p>\n\u003cp>“The judge will ask you for proof that you did so,” the order stated.\u003c/p>\n\u003cp>Three days later, on June 15, a hearing took place in front of Judge Brian Austin, a former police officer elected to the bench in 2018.\u003c/p>\n\u003cp>A transcript of the proceedings shows there was talk about custody and hearing dates.\u003c/p>\n\u003cfigure id=\"attachment_11902152\" class=\"wp-caption aligncenter\" style=\"max-width: 1920px\">\u003cimg class=\"size-full wp-image-11902152\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2022/01/092821_JulioGaray_LV_sized_01-e1642798946208.jpg\" alt='The outside of a building that says \"Superior Court of California County of Madera.\"' width=\"1920\" height=\"1280\">\u003cfigcaption class=\"wp-caption-text\">Madera County Superior Court. \u003ccite>(Larry Valenzuela/CalMatters)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>The judge — who had indicated on the record that he reviewed Calley’s filing — asked just one question about guns.\u003c/p>\n\u003cp>“Sir, there’s no information that you have any guns or firearms or ammunition. Do you think you have any of these items?” the judge asked.\u003c/p>\n\u003cp>“No,” Julio Garay replied.\u003c/p>\n\u003cp>Judge Austin declined to comment for this story, citing ongoing court proceedings.\u003c/p>\n\u003cp>The next hearing was July 6. The judge asked no questions about the gun; the issue of firearms didn’t come up, according to a transcript of the hearing.\u003c/p>\n\u003cp>The judge continued the case to the end of the month and told Julio that he still had to stay away from Calley and the kids. In the courtroom, Julio turned in his seat toward his wife, a witness later testified. He started tapping his foot.\u003c/p>\n\u003cp>There was not a third hearing.\u003c/p>\n\u003ch2>Some courts do better than others\u003c/h2>\n\u003cp>Even the advocates acknowledge that family courts are limited. Judges aren’t law enforcement officers; they don’t go out to search people’s homes. And experts say many don’t have enough resources to do more, given the volume of cases.\u003c/p>\n\u003cp>Still, some courts do have clear protocols to at least attempt to enforce firearm relinquishment orders.\u003c/p>\n\u003cp>Take Mendocino County on California’s North Coast. CalMatters reviewed 19 cases filed in Mendocino County’s Superior Court the same month that Calley filed her request in Madera. The records reveal a clear and consistent process for handling firearm relinquishment in restraining order cases.\u003c/p>\n\u003cp>Cindee Mayfield has been a Mendocino County judge for almost 24 years, including 10 in family court. She praised the state Judicial Council for educating judges about firearm issues and said such training encouraged her to develop her court’s approach.\u003c/p>\n\u003cp>After a temporary restraining order is issued or a hearing set, her court does a background check on an alleged abuser, looking for registered firearms. The search is noted in every case docket. If there is a registered firearm, or the person asking for the order indicates the abuser is armed, the judge will ask about alleged guns at a hearing to make a record of the issue. If alleged abusers deny owning a gun, the court has them sign a statement under penalty of perjury saying they don’t have guns. If there is evidence of a gun and no proof of surrender, the judge holds a special hearing.\u003c/p>\n\u003cp>In the three cases CalMatters found where the court issued a full restraining order against an allegedly armed abuser, two of the men filed proof they surrendered guns. In the third case, Mayfield held a special hearing because the man didn’t file such proof.\u003c/p>\n\u003cp>Mendocino is a rural county where hunting and ranching are a way of life, so the issue comes up often, Mayfield said.\u003c/p>\n\u003cp>“We have a lot of people that do have registered firearms,” she said. “They’re sometimes kind of loath to give them up. And so sometimes we do have to do follow-up hearings with people just to verify the fact they’ve complied with the law.”\u003c/p>\n\u003cp>Mayfield said it’s important to have clear, consistent policies.\u003c/p>\n\u003cp>“I do kind of feel bad sometimes because they want them for wildlife or snakes or what have you on their ranches,” she said. “But it’s like, at this point for the next three years, I’m sorry, you’re just not going to have guns because it’s not safe.”\u003c/p>\n\u003cp>The Legislature has made some efforts to force all courts to act more like Mendocino. A 2019 bill would have required family court judges \u003ca href=\"https://leginfo.legislature.ca.gov/faces/billVersionsCompareClient.xhtml?bill_id=201920200AB465&cversion=20190AB46597AMD\">to hold special hearings\u003c/a> on firearm relinquishment, among other changes. As it stands, such \u003ca href=\"https://www.courts.ca.gov/cms/rules/index.cfm?title=five&linkid=rule5_495\">hearings are optional\u003c/a> in family court. (Criminal court judges can also issue protective orders when an abuser is charged with a crime. Those criminal court judges don’t have the same discretion and \u003ca href=\"https://www.courts.ca.gov/cms/rules/index.cfm?title=four&linkid=rule4_700\">must hold hearings\u003c/a> on firearms if they believe the subject of such a protective order is armed.)\u003c/p>\n\u003cp>The Judicial Council \u003ca href=\"https://leginfo.legislature.ca.gov/faces/billAnalysisClient.xhtml?bill_id=201920200AB465\">opposed the bill\u003c/a>, saying it presented “workload challenges” and that significant procedural changes could affect court operations and lead to delays. The bill was ultimately gutted and replaced with something else.\u003c/p>\n\u003cp>Lawmakers came back at the issue this past year. The Judicial Council worked with the author to resolve “the procedural problems” of the prior legislation, according to the council’s statement. \u003ca href=\"https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202120220SB320\">That bill\u003c/a> — a more modest effort that still doesn’t require special firearm hearings — passed without council opposition.\u003c/p>\n\u003ch2 style=\"text-align: center;\">IV\u003c/h2>\n\u003cp>Julio’s 2020 date to appear before a criminal court judge was pushed back from mid-July to Sept. 14 because law enforcement needed time to interview the children, according to the district attorney. In texts to her cousin Rodriguez, Calley expressed frustration at the pace, mentioning COVID-related delays and including an angry, swearing emoji.\u003c/p>\n\u003cp>With her husband still out there and armed, Calley and the kids stayed holed up in a secret shelter outside the city, her family said.\u003c/p>\n\u003cp>“They were together,” her mother, Jodie Williams, said in a recent interview. “That’s all that mattered.”\u003c/p>\n\u003cp>Text messages between Calley and Rodriguez show the young mother’s hope for the future.\u003c/p>\n\u003cp>“Today we are celebrating freedom in many ways!!!” Calley wrote on July 4, 2020.\u003c/p>\n\u003cp>In another, she texted: “All the things he wouldn’t let me wear,” along with a photo of earrings, makeup and nail polish.\u003c/p>\n\u003cp>Calley was searching for apartments out of the area, near police stations, in case he ever came looking for her, Rodriguez said. And despite life in hiding, she was taking care of herself. She’d lost weight and scheduled a doctor’s appointment at Camarena Health in Madera for July 14, records show.\u003c/p>\n\u003cp>The day before that appointment, a receptionist at the health center called the number in the clinic’s system to confirm the date and time.\u003c/p>\n\u003cp>A man answered.\u003c/p>\n\u003cp>Julio hung up his cellphone after telling the receptionist that he would take a message for his wife. Calley would be at Camarena Health on East Almond Avenue in Madera at 1:15 p.m. the next day. He started getting his affairs in order. There wasn’t much time.\u003c/p>\n\u003cp>From a friend, he borrowed a white Chevy pickup truck with a pink crown decal in the back window and a dent on the rear passenger side. The morning of July 14, 2020, he arrived at the county clerk’s office right when it opened at 8 a.m. Visitor logs show he was the fifth person in the door.\u003c/p>\n\u003cp>There, he filed paperwork to have the home he was living in transferred to his adult daughter from a prior marriage. Then he went to an auto parts store to buy car window shades, which he’d need for what he did next.\u003c/p>\n\u003cp>Julio drove into the parking lot on East Almond Avenue sometime before 10:45 a.m. That’s when an administrative assistant at a dialysis center, which shares a parking lot with Camarena, went to Starbucks. The worker later testified that he saw a white pickup parked next to his and a man sitting behind the wheel.\u003c/p>\n\u003cp>The truck was backed into a spot and Julio had a clear view of the health center door. The window shades would have obscured his face from passersby but also shielded him from the midday sun. He sat there for hours in the 90-degree heat.\u003c/p>\n\u003cp>Sometime after 1 p.m., he watched the 2007 white Toyota Sienna minivan pull up and let Calley out with their two youngest boys, who were wearing matching jersey-style T-shirts, red with black sleeves. He saw her walk in and watched the minivan pull away to get gas and then return a short time later, parking a few spaces from the front doors of the clinic.\u003c/p>\n\u003cp>His oldest son, then 6, was in the parked minivan, a victim services worker in the driver seat. They talked about the boy’s favorite TV show until he fell asleep.\u003c/p>\n\u003cp>At 2:28 p.m, Calley exited the health center holding her 1-year-old in one arm with the 4-year-old walking next to her. She opened the sliding door on the passenger side so the older boy could get in. She leaned in to put the 1-year-old in his car seat.\u003c/p>\n\u003cp>Calley must have heard something because she whipped her head around. She shouted, “No,” before scrambling into the van, shielding her boys from their father, who was running toward them with a .380 pistol, arm outstretched, firing.\u003c/p>\n\u003cp>Julio Garay fired six times, hitting his wife in the head and chest — at one point placing his hand on the car for support as he leaned into the vehicle. Calley died between the front seat and middle row, her children in their car seats.\u003c/p>\n\u003ch2 style=\"text-align: center;\">Coda\u003c/h2>\n\u003cp>Police tracked Julio’s phone to a motel in Marina, two hours away in Monterey County. The local police there, including a SWAT team, arrested Julio that night. He surrendered peacefully.\u003c/p>\n\u003cp>The Madera police and district attorney’s office threw a team of skilled, veteran investigators at the case. In the end, they recovered an overwhelming amount of evidence. There were fingerprints, enhanced video showing the crown decal on the borrowed truck captured by the health center’s surveillance camera, partial DNA.\u003c/p>\n\u003cp>They searched the home where Calley and Julio lived, finding the broken hair brush behind a dresser — right where Calley had told them it flew during a beating. They got Julio’s adult son from a previous marriage to talk about the time Julio allegedly took that wife into the orchards and threatened to shoot her — just like the threat Calley had reported. And they talked to the girlfriend of another adult son who told them about Julio showing off a .380 pistol — the same caliber as the murder weapon. All of it corroborated what Calley had told them more than a month before.\u003c/p>\n\u003cp>All of it was too late.\u003c/p>\n\u003cp>A top prosecutor in the district attorney’s office, Eric DuTemple, expertly laid out the evidence over the course of three weeks, starting in late September. Julio Garay didn’t testify in his own defense, and family members, who attended the trial, declined to participate in this story. The jury deliberated for a day before finding Julio Garay guilty on all counts and enhancements. He was sentenced to life in prison without the possibility of parole.\u003c/p>\n\u003cfigure id=\"attachment_11902154\" class=\"wp-caption aligncenter\" style=\"max-width: 1920px\">\u003cimg class=\"size-full wp-image-11902154\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2022/01/092821_JulioGaray_LV_sized_11-e1642799754505.jpg\" alt=\"A man wearing a white button down shirt and mask is sitting with his elbows on a desk.\" width=\"1920\" height=\"1280\">\u003cfigcaption class=\"wp-caption-text\">Julio Garay listens to testimonies with his tattoo of his wife’s name, Calley, visible on his hand inside the Madera County Superior Court in Madera, Sept. 29, 2021. \u003ccite>(Larry Valenzuela/CalMatters)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>After the verdict, Calley’s mom, Jodie Williams, stood outside the courthouse and talked about her daughter.\u003c/p>\n\u003cp>“She loved to laugh, and she was just a good kid. She’s a really good kid. Really beautiful spirit,” Williams said. “She gave her life for her children.”\u003c/p>\n\u003cp>\u003ca href=\"https://www.fresnobee.com/news/local/article248131480.html\">Calley’s death spurred legislation\u003c/a> aimed at protecting medical, education and other records from abusers. There’s been no discussion, however, about why Julio was armed and how to better disarm abusers.\u003c/p>\n\u003cp>After the conviction, Madera District Attorney Sally Moreno — a former police officer and Army reservist — talked about the case. As in many areas, domestic violence is a big problem in the community, she said.\u003c/p>\n\u003cp>“It’s been a rising issue the last several years. But it’s always an issue,” she said. “And it’s always going on in the background.”\u003c/p>\n\u003cfigure id=\"attachment_11902157\" class=\"wp-caption aligncenter\" style=\"max-width: 1920px\">\u003cimg class=\"size-full wp-image-11902157\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2022/01/Sanchez-32-scaled-e1642799856229.jpg\" alt=\"Three women stand together with one woman in the middle with her arms around the other two.\" width=\"1920\" height=\"1445\">\u003cfigcaption class=\"wp-caption-text\">Jodie Williams, Calley's mother (left), and friends begin to cry as speakers remember Calley in October 2021. \u003ccite>(Zaydee Sanchez/CalMatters)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Moreno spent years working domestic violence cases. Convictions are tough because the abuse often happens in private and witnesses sometimes stop cooperating. Moreno said she and the office did some soul-searching after the killing.\u003c/p>\n\u003cp>“We did look at it and it was painful to tear it apart and to hope that we hadn’t failed her somewhere,” Moreno said, adding that she doesn’t think they could have done anything to prevent the tragedy, given the lengths to which Julio was prepared to go.\u003c/p>\n\u003cp>She said there was no way to keep him in custody and the more serious allegations — which would have gotten him a longer prison sentence — took time to investigate.\u003c/p>\n\u003cp>She also said retrieving guns can be difficult. Law enforcement needs probable cause to get a warrant. And the sad reality is that “there are enough guns on the street and whatnot that if somebody wants to get a gun, they’re going to be able to do it.”\u003c/p>\n\u003cp>“We’d like to be able to confiscate people’s guns, but we have a long history of respecting people’s homes and property,” she said. “And so there’s a lot of hurdles to go over before we do those things, and the law tries to balance that.”\u003c/p>\n\u003cp>Law enforcement never was able to find Julio’s gun, which the prosecutor DuTemple mused during trial “is probably at the bottom of Monterey Bay right now.”\u003c/p>\n\u003cp>Law enforcement did find open boxes of bullets in Julio’s Cadillac Escalade with its vanity plate “GARAY1” when they arrested him in Marina.\u003c/p>\n\u003cp>They also found a manila folder on the floorboard behind the console. Inside was a copy of the domestic violence restraining order signed by a Madera County Superior Court judge — just a piece of paper after all.\u003c/p>\n\u003cfigure id=\"attachment_11902192\" class=\"wp-caption aligncenter\" style=\"max-width: 1100px\">\u003cimg class=\"size-full wp-image-11902192\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2022/01/Sanchez-5-2-e1642799963885.jpg\" alt='A fence with balloons that says \"Calley Jean Strong.\"' width=\"1100\" height=\"733\">\u003cfigcaption class=\"wp-caption-text\">At a domestic violence awareness rally, balloons spell out \"Calley Jean Strong,\" in honor of Calley Garay, on Oct. 23, 2021. \u003ccite>(Zaydee Sanchez/CalMatters)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>\u003cem>If you or a loved one is experiencing domestic violence and need help, call the National Domestic Violence Hotline at (800) 799-SAFE (7233) or the California Partnership to End Domestic Violence at (916) 444-7163. You can also find local organizations in California at \u003c/em>\u003ca href=\"https://www.cpedv.org/domestic-violence-organizations-california\">\u003cem>this site\u003c/em>\u003c/a>\u003cem>.\u003c/em>\u003c/p>\n\u003cp>\u003cem>Outgunned, a CalMatters series, is supported by a grant from the Cohn family.\u003c/em>\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"floatright"},"numeric":["floatright"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11902140/he-will-find-me-the-story-of-a-woman-her-killer-and-how-california-courts-fail-to-disarm-abusers","authors":["byline_news_11902140"],"programs":["news_26731"],"categories":["news_6188","news_8"],"tags":["news_3144","news_18538","news_30537","news_17825","news_18283","news_17759","news_30536","news_19903","news_3574"],"affiliates":["news_18481"],"featImg":"news_11902156","label":"news_26731"},"news_11888051":{"type":"posts","id":"news_11888051","meta":{"index":"posts_1591205157","site":"news","id":"11888051","score":null,"sort":[1631323812000]},"guestAuthors":[],"slug":"where-did-this-start-in-yurok-domestic-violence-program-understanding-generational-roots-of-trauma-is-key","title":"'Where Did This Start?' In Yurok Domestic Violence Program, Understanding Generational Roots of Trauma Is Key","publishDate":1631323812,"format":"audio","headTitle":"The California Report Magazine | KQED News","labelTerm":{"term":26731,"site":"news"},"content":"\u003cp>\u003cem>Editor's Note: Due to the stigma of domestic violence in tribal communities, KQED is not using Mark and Lydia’s real names, or disclosing their location or tribal affiliation. This story contains depictions of violence and a description of racial slurs.\u003c/em>\u003c/p>\n\u003cp>[dropcap]A[/dropcap]s a kid, Mark often came home to a racket on the block. Then the truth would sink in. The hitting and screaming was coming from his house. His dad’s drinking made the beatings worse.\u003c/p>\n\u003cp>“He busted my mom’s teeth out with a rifle,” said Mark, who grew up in rural Northern California near the Oregon border. “I remember seeing this. So my first memories are of domestic violence. I was born into domestic violence.”\u003c/p>\n\u003cp>Mark, now in his early fifties, found out later that his father had been abused, beaten as a child. His dad was repeating what he had learned. And after Mark fell in love and began a relationship with Lydia, it wasn’t long before he carried the behavior forward again, himself. “I’m a typical Native American man,” he said. “There’s a thousand of me all around the area right now.”\u003c/p>\n\u003cp>Lydia, who had also experienced intergenerational violence and abuse in her family, stayed in the relationship. In time, she’d wind up facing a domestic violence charge herself, just like Mark.\u003c/p>\n\u003cp>[pullquote size=\"medium\" align=\"right\" citation=\"Mark\"]'I loved her and I loved my children, and I wanted to be better. But I didn’t know how to get there.'[/pullquote]A National Institute of Justice \u003ca href=\"https://nij.ojp.gov/topics/articles/violence-against-american-indian-and-alaska-native-women-and-men\">study from 2016\u003c/a> found that nearly 85% of American Indians and Alaska Natives had experienced violence in their lifetime, compared to a little over two-thirds for non-Hispanic whites. The rates of physical violence at the hands of an intimate partner were also markedly higher for Indigenous respondents.\u003c/p>\n\u003cp>At the root is trauma that dates back generations, all the way to colonizers' invasions. Mental health experts have \u003ca href=\"https://www.psychiatry.org/psychiatrists/cultural-competency/education/stress-and-trauma/indigenous-people\">defined that historical trauma\u003c/a> as “cumulative emotional and psychological wounding, over the lifespan and across generations, emanating from massive group trauma experiences.” In California, the forcible separation of Indigenous peoples from their lands, traditions and language are just some examples of the collective losses Native Americans have experienced.\u003c/p>\n\u003cp>Yet Mark and Lydia’s journey eventually brought healing – thanks in part to an approach to justice rooted in the region’s Indigenous cultural values, restorative more than punitive.\u003c/p>\n\u003cp>The key, Lydia said: “Going back and really finding out, ‘Where did this start?’”\u003c/p>\n\u003ch3>Cycles of abuse\u003c/h3>\n\u003cp>For Mark, the racial slurs began in elementary school. 'Wagon burner.' 'Dirty Indian.' He said he came home crying nearly every day. By now, his mom had left his dad and Mark had a step-father, who “taught me most of all the cultural things that I know,” he said. “He taught me how to fish. He taught me how to take care of my family.”\u003c/p>\n\u003cp>He also signed Mark up for boxing lessons, so he could learn to fight his bullies.\u003c/p>\n\u003cp>“I started busting people's noses and giving them black eyes, and they quit teasing me. That power was intoxicating,” he said. “Like a drug. It was addicting.”\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>Growing up, Lydia, also contended with trauma. Her dad had abused her mom, who left with Lydia when she was a baby to move in with her own mother. But Lydia’s grandma – who herself had been beaten and molested as a child, Lydia later learned – could be cruel, locking Lydia in a back room in the dark. Denying her food.\u003c/p>\n\u003cp>Mom was around, Lydia said, but had different priorities: “Drugs and alcohol and partying.” By age 15, Lydia was doing drugs, too, and couch surfing. She found a boyfriend – who beat her.\u003c/p>\n\u003cp>“I just really wanted to be loved,” she said, “and of course when they tell you, ‘I love you,’ you really want to believe it, even if you know it’s not true.\"\u003c/p>\n\u003ch3>Historical trauma\u003c/h3>\n\u003cp>Abby Abinanti is chief justice of the Yurok Tribe, whose ancestral lands in California stretch from Humboldt to Del Norte County near the Oregon border. In 1974, she became the \u003ca href=\"https://trellis.law/judge/abby.abinanti\">first Native American woman admitted to the State Bar of California\u003c/a>.\u003c/p>\n\u003cp>[pullquote size=\"medium\" align=\"right\" citation=\"Abby Abinanti, chief justice of the Yurok Tribe\"]'People covered up the dance sites, hid the regalia, weren’t allowed to speak the language. Language is something that comes out of what people think and believe... And so we learned another language that didn’t think and believe what we did.'[/pullquote]Legends and parables make it clear that domestic violence was not tolerated in traditional Yurok culture, said Abinanti, 73. Rather, it’s a relatively recent symptom of the wound of colonization. Treating that symptom without addressing the cause gets you nowhere.\u003c/p>\n\u003cp>“What you have to do is look at the context and where it came from,” she said. And in Northern California, “it came from things \u003ca href=\"https://www.csus.edu/indiv/t/tumminia/memorial.htm\">like boarding school, massacres and the Indian Slave Act\u003c/a>.”\u003c/p>\n\u003cp>The official title of the latter was “\u003ca href=\"https://www.courts.ca.gov/documents/IB.pdf\">The Act for the Government and Protection of Indians\u003c/a>.” Passed at California’s first Constitutional Convention in 1850, it allowed Indigenous children – and adults – to be indentured to white settlers.\u003c/p>\n\u003cp>“Many were captured in the North and sold down into the middle of the state and to the South,” Abinanti said, in many cases after witnessing the murder of their parents. Many escaped and ran home. But “the problem is they were adults,” she said, “and then they got into adult relationships and had children and had no idea how to parent. And had a lot of anger, frankly.”\u003c/p>\n\u003cfigure id=\"attachment_11888079\" class=\"wp-caption aligncenter\" style=\"max-width: 1920px\">\u003cimg class=\"size-full wp-image-11888079\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2022/09/judgeabinanti.jpg\" alt=\"Profile shot of Judge Abby Abinanti standing outside\" width=\"1920\" height=\"1319\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2022/09/judgeabinanti.jpg 1920w, https://ww2.kqed.org/app/uploads/sites/10/2022/09/judgeabinanti-800x550.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2022/09/judgeabinanti-1020x701.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2022/09/judgeabinanti-160x110.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2022/09/judgeabinanti-1536x1055.jpg 1536w\" sizes=\"(max-width: 1920px) 100vw, 1920px\">\u003cfigcaption class=\"wp-caption-text\">Abby Abinanti is chief justice of the Yurok Tribe, whose ancestral lands stretch through Humboldt and Del Norte counties, near the Oregon border. In 1974 she became the first Native American woman admitted to the State Bar of California. Her court’s approach to substance abuse and domestic violence is restorative more than punitive, and emphasizes cultural values as a key to healing offenders and the communities they’ve harmed. \u003ccite>(Courtesy of the Yurok Tribe)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>From the mid-19th Century through the 1960s, more trauma: U.S. officials forced Native American children across the country to attend government-run boarding schools designed, as one historian explains, “\u003ca href=\"https://www.motherjones.com/media/2017/10/native-american-boarding-schools-shadows-of-sherman-institute/\">to destroy that which was Indian and re-create people in the image of White America\u003c/a>.”\u003c/p>\n\u003cp>“People covered up the dance sites, hid the regalia, weren’t allowed to speak the language,” said Abinanti. And with cultural amnesia came pain and self-denial.\u003c/p>\n\u003cp>“Language is something that comes out of what people think and believe,” she said. “And so we learned another language that didn’t think and believe what we did.”\u003c/p>\n\u003ch3>Love and violence\u003c/h3>\n\u003cp>By the time Lydia turned 18 she’d been on her own for a while, walking four miles each way to a fast food job. But she cherished one cultural tradition: \u003ca href=\"https://earthjustice.org/features/klamath-salmon-yurok-tribe\">Salmon fishing\u003c/a>.\u003c/p>\n\u003cp>“And so I go down there,” she said. To the river.\u003c/p>\n\u003cp>“I see this beautiful girl step out of this truck,” Mark recalled. “And I thought, Oh man! There she is...I’m gonna marry that girl. But it was scary.”\u003c/p>\n\u003cp>“It was an automatic connection,” said Lydia. “I wanted this picture-perfect life. I knew there was a life without abuse.”\u003c/p>\n\u003cfigure id=\"attachment_11888134\" class=\"wp-caption aligncenter\" style=\"max-width: 1920px\">\u003cimg class=\"size-full wp-image-11888134\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2022/09/SalmonFishing.jpg\" alt=\"\" width=\"1920\" height=\"1289\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2022/09/SalmonFishing.jpg 1920w, https://ww2.kqed.org/app/uploads/sites/10/2022/09/SalmonFishing-800x537.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2022/09/SalmonFishing-1020x685.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2022/09/SalmonFishing-160x107.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2022/09/SalmonFishing-1536x1031.jpg 1536w\" sizes=\"(max-width: 1920px) 100vw, 1920px\">\u003cfigcaption class=\"wp-caption-text\">Yurok citizen Tasheena Natt fishes for salmon in the Klamath River. Salmon fishing is central to the Yurok culture and economy, and is considered a deeply spiritual practice. \u003ccite>(Courtesy of the Yurok Tribe)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Soon, they were like glue on glue. They moved in together and decided to have a baby. Lydia quit drinking, drugs, cigarettes. She gave birth to a girl, and a couple of years later, a boy. But Mark was still partying. The fights began.\u003c/p>\n\u003cp>About five years in, it got physical. Mark slapped Lydia during an argument in the kitchen, giving her a fat lip. She ran to a neighbor’s apartment. And to her horror, that neighbor dialed 911. Lydia didn’t trust law enforcement. She said she’d learned that from her mom and grandmother. But the wheels were in motion. Police arrested Mark, and state prosecutors offered him a deal: If he attended a 52-week batterers intervention program, the charges would be dismissed.\u003c/p>\n\u003cp>Mark said he “participated fully.” He learned to walk away from a fight, to take a time out. It was progress. But he’d realize later how much he still didn’t know – about himself and the roots of his violence.\u003c/p>\n\u003cp>“I loved her and I loved my children, and I wanted to be better,” Mark said. “But I didn’t know how to get there.”\u003c/p>\n\u003ch3>Addiction in Indian Country\u003c/h3>\n\u003cp>After Mark completed his program, he said he “continued to work on myself and work on myself.” But, for four more years, he “was still using meth.” In the late '90s, he managed to quit. Then came the opioid explosion, “when the doctors were basically giving away, just as many as you want.”\u003c/p>\n\u003cp>As a laborer with regular injuries, he had access to that open tap. They both did. Addiction followed, \u003ca href=\"https://store.samhsa.gov/sites/default/files/d7/priv/sma14-4866.pdf\">another symptom of historical trauma\u003c/a> that \u003ca href=\"https://www.childwelfare.gov/topics/systemwide/diverse-populations/americanindian/mentalhealth/\">often goes hand in hand with domestic violence\u003c/a>.\u003c/p>\n\u003cp>[aside postID=news_11883520 hero='https://ww2.kqed.org/app/uploads/sites/10/2018/06/634_original-1180x887.jpg']“I would grab her by her arm and I would shake her and I’d do these things and I knew better,” Mark said.\u003c/p>\n\u003cp>They split up, on and off, for years. Then, in 2013, Mark quit the opioids. And they reunited, both of them clean and sober. Then, a few years later, a tragedy.\u003c/p>\n\u003cp>Their adult daughter died in a single-vehicle accident. Mark and Lydia sank into depression and isolation. Complicating matters, Mark said, they’d been trying to persuade their daughter to leave an abusive partner, and she was resisting. That caused a rift in their relationship with her, so “we didn’t get to spend the last years with her. It started creating this hell, this guilt.”\u003c/p>\n\u003cp>During a Sunday argument, Lydia scratched Mark’s nose while trying to knock a cigarette from his mouth. He called 911. This time, Lydia was arrested.\u003c/p>\n\u003cp>It just so happened, the couple’s adult son had a court date the next day – on a domestic violence charge. Lydia had planned to be there to support him. Instead, she showed up as another defendant in a jail jumpsuit. Charged with domestic abuse, too.\u003c/p>\n\u003cp>“I just can’t imagine how he must have felt,” Lydia said of her son, “to see me walk in there the next morning, on the other side.”\u003c/p>\n\u003ch3>A path to healing\u003c/h3>\n\u003cp>There’s \u003ca href=\"https://www.apa.org/monitor/2018/02/cover-healing-heritage\">growing consensus\u003c/a> in Indian Country across the nation that the most effective way to alleviate symptoms of historical trauma like domestic violence and substance abuse is to incorporate traditional cultural values and \u003ca href=\"https://www.dissentmagazine.org/online_articles/restorative-justice-in-indian-country\">forms of justice\u003c/a>. Thanks to a cultural renaissance, that is possible.\u003c/p>\n\u003cp>[pullquote size=\"medium\" align=\"right\" citation=\"Abby Abinanti, chief justice of the Yurok Tribe\"]'If you look at the state and federal system, they're very rights-based. Our culture is very responsibility-based. And the responsibilities are interlocking in family and in community. So you have to assist people to meet their responsibility and come back into community in a good way.'[/pullquote]Beginning in the 1970s, a new generation returned home to mine the stories of elders, \u003ca href=\"https://www.latimes.com/local/la-xpm-2013-feb-06-la-me-yurok-language-20130207-story.html\">revive the language\u003c/a>, and \u003ca href=\"https://www.documentcloud.org/documents/21060208-the-yurok-tribe-welcomes-you#document/p5/a2053772\">master the wisdom needed to bring back ceremonial dances\u003c/a>. Yurok Judge Abby Abinanti was among them, and decades later she would deepen her commitment.\u003c/p>\n\u003cp>In 2010, she began to expand the Yurok tribal justice system, launching a dedicated court docket to help tribal members struggling with substance abuse. To help participants repair the harm they’ve caused, so they could heal. So the community could heal. She called it \u003ca href=\"https://www.latimes.com/local/la-me-yurok-tribal-judge-20140305-dto-htmlstory.html\">Wellness Court\u003c/a>.\u003c/p>\n\u003cp>“If you look at the state and federal system, they're very rights-based,” Abinanti said. “Our culture is very responsibility-based. And the responsibilities are interlocking in family and in community. So you have to assist people to meet their responsibility and come back into community in a good way.”\u003c/p>\n\u003cp>State court judges started releasing Yurok defendants to Abinanti’s court – and seeing results. So in 2015, she decided it was time to reach more tribal members cycling through county jail. A laborious rolling cross-tally of two separate databases revealed which Yurok members were incarcerated and why. The most common offense: domestic violence.\u003c/p>\n\u003ch3>Walking the path\u003c/h3>\n\u003cp>Many defendants, it turned out, were in county jail for violating probation. For not completing the state’s 52 week batterer’s intervention program – the same one Mark had attended. One barrier was financial. Even at the lowest end of the sliding scale, the state program cost $1,000. There were transportation and child care problems, too.\u003c/p>\n\u003cp>So Abinanti’s team decided to create their own 52-week batterers’ program, one that drew on core cultural values, and get the state to certify it as an option for state court defendants.\u003c/p>\n\u003cp>The prevalence of domestic violence was startling yet unsurprising. Surveys and focus groups conducted a few years earlier by the \u003ca href=\"https://nctcc.org/\">Northern California Tribal Court Coalition\u003c/a> – a collective of tribal judges – revealed the scope of the crisis. Nearly half the women and a fifth of the men who \u003ca href=\"https://www.courtinnovation.org/sites/default/files/documents/NCTCC_Responses_D_V.pdf\">responded\u003c/a> said they’d been abused by a partner. Drugs and alcohol played a role about two-thirds of the time. Lack of trust in law enforcement and state court systems was common. So was a lack of awareness of services at the county level.\u003c/p>\n\u003cp>And participants “generally believed that these services lacked a necessary cultural component to ensure they were appropriate for a Native American population.”\u003c/p>\n\u003cp>The court coalition stepped up to help build the Yurok batterers program, funding the training for two facilitators. It launched in 2016, with state certification, the first of its kind in California.\u003c/p>\n\u003cp>The curriculum includes the basics: Take full responsibility for your actions and identify your triggers. Specific Yurok cultural practices aren’t on the agenda. Because, the only way to make the program pencil out was to open it to everyone – tribal members from throughout the region and non-tribal members, too.\u003c/p>\n\u003cfigure id=\"attachment_11888130\" class=\"wp-caption aligncenter\" style=\"max-width: 1920px\">\u003cimg class=\"size-full wp-image-11888130\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2022/09/LoriNesbitt.jpg\" alt=\"\" width=\"1920\" height=\"1315\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2022/09/LoriNesbitt.jpg 1920w, https://ww2.kqed.org/app/uploads/sites/10/2022/09/LoriNesbitt-800x548.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2022/09/LoriNesbitt-1020x699.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2022/09/LoriNesbitt-160x110.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2022/09/LoriNesbitt-1536x1052.jpg 1536w\" sizes=\"(max-width: 1920px) 100vw, 1920px\">\u003cfigcaption class=\"wp-caption-text\">Yurok tribal member Lori Nesbitt was the founding facilitator of the Yurok Batterers Intervention Program, which takes a restorative approach to healing and emphasizes the roots of intergenerational trauma. It rolled out in 2016 and is certified by the state as one of the 52-week programs available to domestic violence offenders in Northern California. Here, Nesbitt presents details of the program at a 2019 conference in Washington D.C. \u003ccite>(Courtesy of the Yurok Tribe)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Still, Lori Nesbitt, the founding facilitator, said the whole approach stems from Yurok-style justice.\u003c/p>\n\u003cp>“Who are they and who is their family,” she explained, “and how can we walk the path with them?”\u003c/p>\n\u003cp>The total cost is $30, for a book. All participants make a family tree, and conduct an interview with a community elder outside their immediate family about that generation’s experiences with domestic abuse. Participants are pressed to identify not just the family members that led them astray, but the ones who taught them cultural practices and helped root them to a sense of self – whatever their culture. Most of all, Nesbitt said she acknowledges past pain as the deep generational roots of family violence come to light.\u003c/p>\n\u003cp>“Once you've gone through this program, you can kind of acknowledge that, ‘Yeah some things happened. And I've repaired those. I've forgiven myself,’ ” she said. “However they choose to find that forgiveness, to me, is their pathway to healing for the rest of their life.”\u003c/p>\n\u003ch3>Self-forgiveness\u003c/h3>\n\u003cp>After Lydia’s arrest, state prosecutors offered her the same deal as Mark. Complete a 52-week batterers intervention program and her charge would disappear. She chose the Yurok one.\u003c/p>\n\u003cp>“Instead of me being the victim all the time, I learned that I was also abuser,” she said. “I learned that I did that to my children. Because I had the choice to leave.”\u003c/p>\n\u003cp>The turning point: understanding the context of her trauma and the chain of traumas that came before.\u003c/p>\n\u003cp>“I learned how to love myself,” she said. “I’m just now feeling like I don’t walk around in shame.”\u003c/p>\n\u003cp>The couple separated after Lydia’s arrest. But while she worked her program, Mark went to counseling and to a Christian faith-based recovery program that, he said, flooded him with “realizations and epiphanies.”\u003c/p>\n\u003cp>“I started learning about what PTSD was,” he said, \"and what it does to your body and the fear and how it paralyzes you...just understanding my life.\"\u003c/p>\n\u003cp>They have now reunited, and both say a big part of their healing is participating in their own tribal community, giving back. Each has an idea that they believe would help tribal members affected by domestic violence.\u003c/p>\n\u003cp>Lydia’s is for a safe house for women and children, \"but it would have to be way up in the mountains, gated, with security. It would be a home with programs for them to heal, and the children to heal too.\"\u003c/p>\n\u003cp>Mark’s idea is specifically for men.\u003c/p>\n\u003cp>“They go into an isolated place where they're taught their culture, where they're taught to fish, to dance, to sing, to give to your elders. And then I want them to come out as a dance crew to show that strength,” he said. “There's going to be so much power, to recover those men. I just feel that so deep.”\u003c/p>\n\u003ch3>Resources\u003c/h3>\n\u003cul>\n\u003cli>\u003ca href=\"https://www.thehotline.org/\">National Domestic Violence Hotline\u003c/a> at 1-800-799-7233\u003c/li>\n\u003cli>\u003ca href=\"http://www.strongheartshelpline.org/\">StrongHearts Native Helpline\u003c/a> at 1-844-7NATIVE)\u003c/li>\n\u003cli>The \u003ca href=\"https://nctcc.org/\">Northern California Tribal Court Coalition\u003c/a> mobile app\u003c/li>\n\u003cli>\u003ca href=\"https://ccuih.org/red-women-rising-program/\">Red Women Rising\u003c/a>, for Native Americans living in urban areas\u003c/li>\n\u003c/ul>\n\u003cp>\u003cem>This story was made possible by Yurok tribal member \u003ca href=\"https://www.pli.edu/faculty/laura--woods-30562\">Laura Woods\u003c/a>, and documentary filmmaker \u003ca href=\"https://vimeo.com/219880229\">Luisa Conlon\u003c/a>. This story was produced by The California Report Magazine courtesy of \u003ca href=\"https://www.courts.ca.gov/policyadmin-jc.htm\">The Judicial Council of California\u003c/a>, which commissioned the \u003ca href=\"https://www.courts.ca.gov/14851.htm\">original version\u003c/a>.\u003c/em>\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n","blocks":[],"excerpt":"Colonization forcibly severed Indigenous peoples from their lands, traditions and language in California, creating patterns of intergenerational trauma and abuse. One tribe is now working to heal perpetrators of domestic violence with a restorative approach that connects them to culture.","status":"publish","parent":0,"modified":1631404575,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":67,"wordCount":3189},"headData":{"title":"'Where Did This Start?' In Yurok Domestic Violence Program, Understanding Generational Roots of Trauma Is Key | KQED","description":"Colonization forcibly severed Indigenous peoples from their lands, traditions and language in California, creating patterns of intergenerational trauma and abuse. One tribe is now working to heal perpetrators of domestic violence with a restorative approach that connects them to culture.","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":"","schema":{"@context":"http://schema.org","@type":"NewsArticle","headline":"'Where Did This Start?' In Yurok Domestic Violence Program, Understanding Generational Roots of Trauma Is Key","datePublished":"2021-09-11T01:30:12.000Z","dateModified":"2021-09-11T23:56:15.000Z","image":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png","isAccessibleForFree":"Y","publisher":{"@type":"NewsMediaOrganization","@id":"https://www.kqed.org/#organization","name":"KQED","url":"https://www.kqed.org","logo":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png"}}},"disqusIdentifier":"11888051 https://ww2.kqed.org/news/?p=11888051","disqusUrl":"https://ww2.kqed.org/news/2021/09/10/where-did-this-start-in-yurok-domestic-violence-program-understanding-generational-roots-of-trauma-is-key/","disqusTitle":"'Where Did This Start?' In Yurok Domestic Violence Program, Understanding Generational Roots of Trauma Is Key","audioUrl":"https://www.podtrac.com/pts/redirect.mp3/traffic.megaphone.fm/KQINC9346057492.mp3?updated=1631316734","nprByline":"\u003ca href=\"https://twitter.com/leeromney?lang=en\">Lee Romney\u003c/a>","path":"/news/11888051/where-did-this-start-in-yurok-domestic-violence-program-understanding-generational-roots-of-trauma-is-key","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>\u003cem>Editor's Note: Due to the stigma of domestic violence in tribal communities, KQED is not using Mark and Lydia’s real names, or disclosing their location or tribal affiliation. This story contains depictions of violence and a description of racial slurs.\u003c/em>\u003c/p>\n\u003cp>\u003c/p>\u003cp>\u003cspan class=\"utils-parseShortcode-shortcodes-__dropcapShortcode__dropcap\">A\u003c/span>\u003c/p>\u003cp>s a kid, Mark often came home to a racket on the block. Then the truth would sink in. The hitting and screaming was coming from his house. His dad’s drinking made the beatings worse.\u003c/p>\n\u003cp>“He busted my mom’s teeth out with a rifle,” said Mark, who grew up in rural Northern California near the Oregon border. “I remember seeing this. So my first memories are of domestic violence. I was born into domestic violence.”\u003c/p>\n\u003cp>Mark, now in his early fifties, found out later that his father had been abused, beaten as a child. His dad was repeating what he had learned. And after Mark fell in love and began a relationship with Lydia, it wasn’t long before he carried the behavior forward again, himself. “I’m a typical Native American man,” he said. “There’s a thousand of me all around the area right now.”\u003c/p>\n\u003cp>Lydia, who had also experienced intergenerational violence and abuse in her family, stayed in the relationship. In time, she’d wind up facing a domestic violence charge herself, just like Mark.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"'I loved her and I loved my children, and I wanted to be better. But I didn’t know how to get there.'","name":"pullquote","attributes":{"named":{"size":"medium","align":"right","citation":"Mark","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>A National Institute of Justice \u003ca href=\"https://nij.ojp.gov/topics/articles/violence-against-american-indian-and-alaska-native-women-and-men\">study from 2016\u003c/a> found that nearly 85% of American Indians and Alaska Natives had experienced violence in their lifetime, compared to a little over two-thirds for non-Hispanic whites. The rates of physical violence at the hands of an intimate partner were also markedly higher for Indigenous respondents.\u003c/p>\n\u003cp>At the root is trauma that dates back generations, all the way to colonizers' invasions. Mental health experts have \u003ca href=\"https://www.psychiatry.org/psychiatrists/cultural-competency/education/stress-and-trauma/indigenous-people\">defined that historical trauma\u003c/a> as “cumulative emotional and psychological wounding, over the lifespan and across generations, emanating from massive group trauma experiences.” In California, the forcible separation of Indigenous peoples from their lands, traditions and language are just some examples of the collective losses Native Americans have experienced.\u003c/p>\n\u003cp>Yet Mark and Lydia’s journey eventually brought healing – thanks in part to an approach to justice rooted in the region’s Indigenous cultural values, restorative more than punitive.\u003c/p>\n\u003cp>The key, Lydia said: “Going back and really finding out, ‘Where did this start?’”\u003c/p>\n\u003ch3>Cycles of abuse\u003c/h3>\n\u003cp>For Mark, the racial slurs began in elementary school. 'Wagon burner.' 'Dirty Indian.' He said he came home crying nearly every day. By now, his mom had left his dad and Mark had a step-father, who “taught me most of all the cultural things that I know,” he said. “He taught me how to fish. He taught me how to take care of my family.”\u003c/p>\n\u003cp>He also signed Mark up for boxing lessons, so he could learn to fight his bullies.\u003c/p>\n\u003cp>“I started busting people's noses and giving them black eyes, and they quit teasing me. That power was intoxicating,” he said. “Like a drug. It was addicting.”\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Growing up, Lydia, also contended with trauma. Her dad had abused her mom, who left with Lydia when she was a baby to move in with her own mother. But Lydia’s grandma – who herself had been beaten and molested as a child, Lydia later learned – could be cruel, locking Lydia in a back room in the dark. Denying her food.\u003c/p>\n\u003cp>Mom was around, Lydia said, but had different priorities: “Drugs and alcohol and partying.” By age 15, Lydia was doing drugs, too, and couch surfing. She found a boyfriend – who beat her.\u003c/p>\n\u003cp>“I just really wanted to be loved,” she said, “and of course when they tell you, ‘I love you,’ you really want to believe it, even if you know it’s not true.\"\u003c/p>\n\u003ch3>Historical trauma\u003c/h3>\n\u003cp>Abby Abinanti is chief justice of the Yurok Tribe, whose ancestral lands in California stretch from Humboldt to Del Norte County near the Oregon border. In 1974, she became the \u003ca href=\"https://trellis.law/judge/abby.abinanti\">first Native American woman admitted to the State Bar of California\u003c/a>.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"'People covered up the dance sites, hid the regalia, weren’t allowed to speak the language. Language is something that comes out of what people think and believe... And so we learned another language that didn’t think and believe what we did.'","name":"pullquote","attributes":{"named":{"size":"medium","align":"right","citation":"Abby Abinanti, chief justice of the Yurok Tribe","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>Legends and parables make it clear that domestic violence was not tolerated in traditional Yurok culture, said Abinanti, 73. Rather, it’s a relatively recent symptom of the wound of colonization. Treating that symptom without addressing the cause gets you nowhere.\u003c/p>\n\u003cp>“What you have to do is look at the context and where it came from,” she said. And in Northern California, “it came from things \u003ca href=\"https://www.csus.edu/indiv/t/tumminia/memorial.htm\">like boarding school, massacres and the Indian Slave Act\u003c/a>.”\u003c/p>\n\u003cp>The official title of the latter was “\u003ca href=\"https://www.courts.ca.gov/documents/IB.pdf\">The Act for the Government and Protection of Indians\u003c/a>.” Passed at California’s first Constitutional Convention in 1850, it allowed Indigenous children – and adults – to be indentured to white settlers.\u003c/p>\n\u003cp>“Many were captured in the North and sold down into the middle of the state and to the South,” Abinanti said, in many cases after witnessing the murder of their parents. Many escaped and ran home. But “the problem is they were adults,” she said, “and then they got into adult relationships and had children and had no idea how to parent. And had a lot of anger, frankly.”\u003c/p>\n\u003cfigure id=\"attachment_11888079\" class=\"wp-caption aligncenter\" style=\"max-width: 1920px\">\u003cimg class=\"size-full wp-image-11888079\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2022/09/judgeabinanti.jpg\" alt=\"Profile shot of Judge Abby Abinanti standing outside\" width=\"1920\" height=\"1319\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2022/09/judgeabinanti.jpg 1920w, https://ww2.kqed.org/app/uploads/sites/10/2022/09/judgeabinanti-800x550.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2022/09/judgeabinanti-1020x701.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2022/09/judgeabinanti-160x110.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2022/09/judgeabinanti-1536x1055.jpg 1536w\" sizes=\"(max-width: 1920px) 100vw, 1920px\">\u003cfigcaption class=\"wp-caption-text\">Abby Abinanti is chief justice of the Yurok Tribe, whose ancestral lands stretch through Humboldt and Del Norte counties, near the Oregon border. In 1974 she became the first Native American woman admitted to the State Bar of California. Her court’s approach to substance abuse and domestic violence is restorative more than punitive, and emphasizes cultural values as a key to healing offenders and the communities they’ve harmed. \u003ccite>(Courtesy of the Yurok Tribe)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>From the mid-19th Century through the 1960s, more trauma: U.S. officials forced Native American children across the country to attend government-run boarding schools designed, as one historian explains, “\u003ca href=\"https://www.motherjones.com/media/2017/10/native-american-boarding-schools-shadows-of-sherman-institute/\">to destroy that which was Indian and re-create people in the image of White America\u003c/a>.”\u003c/p>\n\u003cp>“People covered up the dance sites, hid the regalia, weren’t allowed to speak the language,” said Abinanti. And with cultural amnesia came pain and self-denial.\u003c/p>\n\u003cp>“Language is something that comes out of what people think and believe,” she said. “And so we learned another language that didn’t think and believe what we did.”\u003c/p>\n\u003ch3>Love and violence\u003c/h3>\n\u003cp>By the time Lydia turned 18 she’d been on her own for a while, walking four miles each way to a fast food job. But she cherished one cultural tradition: \u003ca href=\"https://earthjustice.org/features/klamath-salmon-yurok-tribe\">Salmon fishing\u003c/a>.\u003c/p>\n\u003cp>“And so I go down there,” she said. To the river.\u003c/p>\n\u003cp>“I see this beautiful girl step out of this truck,” Mark recalled. “And I thought, Oh man! There she is...I’m gonna marry that girl. But it was scary.”\u003c/p>\n\u003cp>“It was an automatic connection,” said Lydia. “I wanted this picture-perfect life. I knew there was a life without abuse.”\u003c/p>\n\u003cfigure id=\"attachment_11888134\" class=\"wp-caption aligncenter\" style=\"max-width: 1920px\">\u003cimg class=\"size-full wp-image-11888134\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2022/09/SalmonFishing.jpg\" alt=\"\" width=\"1920\" height=\"1289\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2022/09/SalmonFishing.jpg 1920w, https://ww2.kqed.org/app/uploads/sites/10/2022/09/SalmonFishing-800x537.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2022/09/SalmonFishing-1020x685.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2022/09/SalmonFishing-160x107.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2022/09/SalmonFishing-1536x1031.jpg 1536w\" sizes=\"(max-width: 1920px) 100vw, 1920px\">\u003cfigcaption class=\"wp-caption-text\">Yurok citizen Tasheena Natt fishes for salmon in the Klamath River. Salmon fishing is central to the Yurok culture and economy, and is considered a deeply spiritual practice. \u003ccite>(Courtesy of the Yurok Tribe)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Soon, they were like glue on glue. They moved in together and decided to have a baby. Lydia quit drinking, drugs, cigarettes. She gave birth to a girl, and a couple of years later, a boy. But Mark was still partying. The fights began.\u003c/p>\n\u003cp>About five years in, it got physical. Mark slapped Lydia during an argument in the kitchen, giving her a fat lip. She ran to a neighbor’s apartment. And to her horror, that neighbor dialed 911. Lydia didn’t trust law enforcement. She said she’d learned that from her mom and grandmother. But the wheels were in motion. Police arrested Mark, and state prosecutors offered him a deal: If he attended a 52-week batterers intervention program, the charges would be dismissed.\u003c/p>\n\u003cp>Mark said he “participated fully.” He learned to walk away from a fight, to take a time out. It was progress. But he’d realize later how much he still didn’t know – about himself and the roots of his violence.\u003c/p>\n\u003cp>“I loved her and I loved my children, and I wanted to be better,” Mark said. “But I didn’t know how to get there.”\u003c/p>\n\u003ch3>Addiction in Indian Country\u003c/h3>\n\u003cp>After Mark completed his program, he said he “continued to work on myself and work on myself.” But, for four more years, he “was still using meth.” In the late '90s, he managed to quit. Then came the opioid explosion, “when the doctors were basically giving away, just as many as you want.”\u003c/p>\n\u003cp>As a laborer with regular injuries, he had access to that open tap. They both did. Addiction followed, \u003ca href=\"https://store.samhsa.gov/sites/default/files/d7/priv/sma14-4866.pdf\">another symptom of historical trauma\u003c/a> that \u003ca href=\"https://www.childwelfare.gov/topics/systemwide/diverse-populations/americanindian/mentalhealth/\">often goes hand in hand with domestic violence\u003c/a>.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"aside","attributes":{"named":{"postid":"news_11883520","hero":"https://ww2.kqed.org/app/uploads/sites/10/2018/06/634_original-1180x887.jpg","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>“I would grab her by her arm and I would shake her and I’d do these things and I knew better,” Mark said.\u003c/p>\n\u003cp>They split up, on and off, for years. Then, in 2013, Mark quit the opioids. And they reunited, both of them clean and sober. Then, a few years later, a tragedy.\u003c/p>\n\u003cp>Their adult daughter died in a single-vehicle accident. Mark and Lydia sank into depression and isolation. Complicating matters, Mark said, they’d been trying to persuade their daughter to leave an abusive partner, and she was resisting. That caused a rift in their relationship with her, so “we didn’t get to spend the last years with her. It started creating this hell, this guilt.”\u003c/p>\n\u003cp>During a Sunday argument, Lydia scratched Mark’s nose while trying to knock a cigarette from his mouth. He called 911. This time, Lydia was arrested.\u003c/p>\n\u003cp>It just so happened, the couple’s adult son had a court date the next day – on a domestic violence charge. Lydia had planned to be there to support him. Instead, she showed up as another defendant in a jail jumpsuit. Charged with domestic abuse, too.\u003c/p>\n\u003cp>“I just can’t imagine how he must have felt,” Lydia said of her son, “to see me walk in there the next morning, on the other side.”\u003c/p>\n\u003ch3>A path to healing\u003c/h3>\n\u003cp>There’s \u003ca href=\"https://www.apa.org/monitor/2018/02/cover-healing-heritage\">growing consensus\u003c/a> in Indian Country across the nation that the most effective way to alleviate symptoms of historical trauma like domestic violence and substance abuse is to incorporate traditional cultural values and \u003ca href=\"https://www.dissentmagazine.org/online_articles/restorative-justice-in-indian-country\">forms of justice\u003c/a>. Thanks to a cultural renaissance, that is possible.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"'If you look at the state and federal system, they're very rights-based. Our culture is very responsibility-based. And the responsibilities are interlocking in family and in community. So you have to assist people to meet their responsibility and come back into community in a good way.'","name":"pullquote","attributes":{"named":{"size":"medium","align":"right","citation":"Abby Abinanti, chief justice of the Yurok Tribe","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>Beginning in the 1970s, a new generation returned home to mine the stories of elders, \u003ca href=\"https://www.latimes.com/local/la-xpm-2013-feb-06-la-me-yurok-language-20130207-story.html\">revive the language\u003c/a>, and \u003ca href=\"https://www.documentcloud.org/documents/21060208-the-yurok-tribe-welcomes-you#document/p5/a2053772\">master the wisdom needed to bring back ceremonial dances\u003c/a>. Yurok Judge Abby Abinanti was among them, and decades later she would deepen her commitment.\u003c/p>\n\u003cp>In 2010, she began to expand the Yurok tribal justice system, launching a dedicated court docket to help tribal members struggling with substance abuse. To help participants repair the harm they’ve caused, so they could heal. So the community could heal. She called it \u003ca href=\"https://www.latimes.com/local/la-me-yurok-tribal-judge-20140305-dto-htmlstory.html\">Wellness Court\u003c/a>.\u003c/p>\n\u003cp>“If you look at the state and federal system, they're very rights-based,” Abinanti said. “Our culture is very responsibility-based. And the responsibilities are interlocking in family and in community. So you have to assist people to meet their responsibility and come back into community in a good way.”\u003c/p>\n\u003cp>State court judges started releasing Yurok defendants to Abinanti’s court – and seeing results. So in 2015, she decided it was time to reach more tribal members cycling through county jail. A laborious rolling cross-tally of two separate databases revealed which Yurok members were incarcerated and why. The most common offense: domestic violence.\u003c/p>\n\u003ch3>Walking the path\u003c/h3>\n\u003cp>Many defendants, it turned out, were in county jail for violating probation. For not completing the state’s 52 week batterer’s intervention program – the same one Mark had attended. One barrier was financial. Even at the lowest end of the sliding scale, the state program cost $1,000. There were transportation and child care problems, too.\u003c/p>\n\u003cp>So Abinanti’s team decided to create their own 52-week batterers’ program, one that drew on core cultural values, and get the state to certify it as an option for state court defendants.\u003c/p>\n\u003cp>The prevalence of domestic violence was startling yet unsurprising. Surveys and focus groups conducted a few years earlier by the \u003ca href=\"https://nctcc.org/\">Northern California Tribal Court Coalition\u003c/a> – a collective of tribal judges – revealed the scope of the crisis. Nearly half the women and a fifth of the men who \u003ca href=\"https://www.courtinnovation.org/sites/default/files/documents/NCTCC_Responses_D_V.pdf\">responded\u003c/a> said they’d been abused by a partner. Drugs and alcohol played a role about two-thirds of the time. Lack of trust in law enforcement and state court systems was common. So was a lack of awareness of services at the county level.\u003c/p>\n\u003cp>And participants “generally believed that these services lacked a necessary cultural component to ensure they were appropriate for a Native American population.”\u003c/p>\n\u003cp>The court coalition stepped up to help build the Yurok batterers program, funding the training for two facilitators. It launched in 2016, with state certification, the first of its kind in California.\u003c/p>\n\u003cp>The curriculum includes the basics: Take full responsibility for your actions and identify your triggers. Specific Yurok cultural practices aren’t on the agenda. Because, the only way to make the program pencil out was to open it to everyone – tribal members from throughout the region and non-tribal members, too.\u003c/p>\n\u003cfigure id=\"attachment_11888130\" class=\"wp-caption aligncenter\" style=\"max-width: 1920px\">\u003cimg class=\"size-full wp-image-11888130\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2022/09/LoriNesbitt.jpg\" alt=\"\" width=\"1920\" height=\"1315\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2022/09/LoriNesbitt.jpg 1920w, https://ww2.kqed.org/app/uploads/sites/10/2022/09/LoriNesbitt-800x548.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2022/09/LoriNesbitt-1020x699.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2022/09/LoriNesbitt-160x110.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2022/09/LoriNesbitt-1536x1052.jpg 1536w\" sizes=\"(max-width: 1920px) 100vw, 1920px\">\u003cfigcaption class=\"wp-caption-text\">Yurok tribal member Lori Nesbitt was the founding facilitator of the Yurok Batterers Intervention Program, which takes a restorative approach to healing and emphasizes the roots of intergenerational trauma. It rolled out in 2016 and is certified by the state as one of the 52-week programs available to domestic violence offenders in Northern California. Here, Nesbitt presents details of the program at a 2019 conference in Washington D.C. \u003ccite>(Courtesy of the Yurok Tribe)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Still, Lori Nesbitt, the founding facilitator, said the whole approach stems from Yurok-style justice.\u003c/p>\n\u003cp>“Who are they and who is their family,” she explained, “and how can we walk the path with them?”\u003c/p>\n\u003cp>The total cost is $30, for a book. All participants make a family tree, and conduct an interview with a community elder outside their immediate family about that generation’s experiences with domestic abuse. Participants are pressed to identify not just the family members that led them astray, but the ones who taught them cultural practices and helped root them to a sense of self – whatever their culture. Most of all, Nesbitt said she acknowledges past pain as the deep generational roots of family violence come to light.\u003c/p>\n\u003cp>“Once you've gone through this program, you can kind of acknowledge that, ‘Yeah some things happened. And I've repaired those. I've forgiven myself,’ ” she said. “However they choose to find that forgiveness, to me, is their pathway to healing for the rest of their life.”\u003c/p>\n\u003ch3>Self-forgiveness\u003c/h3>\n\u003cp>After Lydia’s arrest, state prosecutors offered her the same deal as Mark. Complete a 52-week batterers intervention program and her charge would disappear. She chose the Yurok one.\u003c/p>\n\u003cp>“Instead of me being the victim all the time, I learned that I was also abuser,” she said. “I learned that I did that to my children. Because I had the choice to leave.”\u003c/p>\n\u003cp>The turning point: understanding the context of her trauma and the chain of traumas that came before.\u003c/p>\n\u003cp>“I learned how to love myself,” she said. “I’m just now feeling like I don’t walk around in shame.”\u003c/p>\n\u003cp>The couple separated after Lydia’s arrest. But while she worked her program, Mark went to counseling and to a Christian faith-based recovery program that, he said, flooded him with “realizations and epiphanies.”\u003c/p>\n\u003cp>“I started learning about what PTSD was,” he said, \"and what it does to your body and the fear and how it paralyzes you...just understanding my life.\"\u003c/p>\n\u003cp>They have now reunited, and both say a big part of their healing is participating in their own tribal community, giving back. Each has an idea that they believe would help tribal members affected by domestic violence.\u003c/p>\n\u003cp>Lydia’s is for a safe house for women and children, \"but it would have to be way up in the mountains, gated, with security. It would be a home with programs for them to heal, and the children to heal too.\"\u003c/p>\n\u003cp>Mark’s idea is specifically for men.\u003c/p>\n\u003cp>“They go into an isolated place where they're taught their culture, where they're taught to fish, to dance, to sing, to give to your elders. And then I want them to come out as a dance crew to show that strength,” he said. “There's going to be so much power, to recover those men. I just feel that so deep.”\u003c/p>\n\u003ch3>Resources\u003c/h3>\n\u003cul>\n\u003cli>\u003ca href=\"https://www.thehotline.org/\">National Domestic Violence Hotline\u003c/a> at 1-800-799-7233\u003c/li>\n\u003cli>\u003ca href=\"http://www.strongheartshelpline.org/\">StrongHearts Native Helpline\u003c/a> at 1-844-7NATIVE)\u003c/li>\n\u003cli>The \u003ca href=\"https://nctcc.org/\">Northern California Tribal Court Coalition\u003c/a> mobile app\u003c/li>\n\u003cli>\u003ca href=\"https://ccuih.org/red-women-rising-program/\">Red Women Rising\u003c/a>, for Native Americans living in urban areas\u003c/li>\n\u003c/ul>\n\u003cp>\u003cem>This story was made possible by Yurok tribal member \u003ca href=\"https://www.pli.edu/faculty/laura--woods-30562\">Laura Woods\u003c/a>, and documentary filmmaker \u003ca href=\"https://vimeo.com/219880229\">Luisa Conlon\u003c/a>. This story was produced by The California Report Magazine courtesy of \u003ca href=\"https://www.courts.ca.gov/policyadmin-jc.htm\">The Judicial Council of California\u003c/a>, which commissioned the \u003ca href=\"https://www.courts.ca.gov/14851.htm\">original version\u003c/a>.\u003c/em>\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"floatright"},"numeric":["floatright"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11888051/where-did-this-start-in-yurok-domestic-violence-program-understanding-generational-roots-of-trauma-is-key","authors":["byline_news_11888051"],"programs":["news_26731"],"categories":["news_457","news_6188","news_8"],"tags":["news_18538","news_17759","news_6801","news_1261","news_1262","news_19976"],"featImg":"news_11888063","label":"news_26731"},"news_11885782":{"type":"posts","id":"news_11885782","meta":{"index":"posts_1591205157","site":"news","id":"11885782","score":null,"sort":[1629845710000]},"guestAuthors":[],"slug":"this-is-who-he-is-mara-reinhardt-reveals-extent-of-alleged-family-abuse-by-prominent-sf-politico-nate-ballard","title":"‘This Is Who He Is’: Mara Reinhardt Reveals Extent of Alleged Family Abuse by Prominent SF Politico Nate Ballard","publishDate":1629845710,"format":"standard","headTitle":"KQED News","labelTerm":{"site":"news"},"content":"\u003cp>\u003cem>Warning: This story contains graphic descriptions of alleged violent domestic abuse toward women and children and disturbing language.\u003c/em>\u003c/p>\n\u003cp>[dropcap]E[/dropcap]ver since former spokesperson-for-hire Nate Ballard's arrest in October last year, for allegedly assaulting his wife and attempting to smother his child with a pillow in an incident at a Napa resort, the public relations expert has done what he does best:\u003c/p>\n\u003cp>Talk.\u003c/p>\n\u003cp>He's talked to media. He's talked to the public. He's talked to his allies in San Francisco government. In every case, Ballard — who served as a top aide to Gov. Gavin Newsom while Newsom was mayor of San Francisco — has characterized the event as a misunderstanding brought on by grief and alcohol use disorder.\u003c/p>\n\u003cp>Now, as the legal saga comes to a close nearly a year later, Ballard's wife Mara Reinhardt finally told her side of the harrowing tale in public: She says Ballard abused her and their children for years, subjecting them to psychological torment. Ballard was \u003ca href=\"https://www.sfchronicle.com/sf/article/Former-Newsom-aide-sentenced-to-probation-in-16398787.php\">sentenced to probation Thursday\u003c/a> after striking a plea deal.\u003c/p>\n\u003cp>[pullquote size=\"medium\" align=\"right\" citation=\"Mara Reinhardt\"]'I lost my way in our relationship and allowed Nate to do unspeakable things to me. I know that Nate, who earns a substantial living as a [PR] expert, is a master spin doctor and would have the court, the public, and probation believe this was a one-time event. I'd feel less shame, less regret, less erosion of myself if it were.'[/pullquote]Reinhardt's victim impact statement, which she read aloud in Napa County Superior Court last week, came after a long list of prominent, politically connected San Franciscans — including the head of a domestic violence shelter and a former city police chief — had continued to back Ballard in a separate but related family court proceeding.\u003c/p>\n\u003cp>But Reinhardt, who filed for divorce shortly after the Napa incident and who agreed to the plea deal — which calls for Ballard to stay away from their two young children for six years — says he is too dangerous to be near them.\u003c/p>\n\u003cp>\"For those who know me, you know that being up here today is one of the most frightening things I have ever done,\" Reinhardt told the court.\u003c/p>\n\u003cp>\"I lost my way in our relationship and allowed Nate to do unspeakable things to me,\" she said. \"I know that Nate, who earns a substantial living as a public relations expert, is a master spin doctor and would have the court, the public, and probation believe this was a one-time event. I'd feel less shame, less regret, less erosion of myself if it were.\"\u003c/p>\n\u003cp>She had a purpose in finally speaking out.\u003c/p>\n\u003cp>\"I am here for our safety and for our protection from Nathan Ballard,\" Reinhardt said.\u003c/p>\n\u003cp>Her version of events is dramatically different from Ballard's.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>Ballard — the former press secretary for Newsom while he was mayor, a former San Francisco deputy city attorney and a former city police union spokesperson — has for months told his side of the story, featuring apologies and explanations that a long-running struggle with alcohol use disorder swayed his behavior. He even, at one point, claimed he fell asleep on his child, countering his wife's accusation that he grabbed a pillow and used his entire body's weight to smother their daughter's face.\u003c/p>\n\u003cp>“The allegations made against me by Mara are mostly false, and the remainder are grossly exaggerated,\" Ballard told KQED on Tuesday, in a written statement. \"I never harmed my daughter, and I never would have agreed to any settlement that required me to say that I did.\"\u003c/p>\n\u003cp>\"I refuse to be sidelined by regrets,\" Ballard added. \"We all fall down sometimes. It is getting back up that matters most.”\u003c/p>\n\u003cp>His talk garnered goodwill from allies — including former San Francisco Police Chief Greg Suhr, former San Francisco Mayor Mark Farrell and the executive director of domestic violence help organization La Casa de las Madres, Kathy Black — who sang his praises in a legal fashion, \u003ca href=\"https://www.documentcloud.org/documents/21048384-nathan-ballard-mitigation-letters-march-1-redacted?responsive=1&title=1\">filing attestations to his good character in court\u003c/a>.\u003c/p>\n\u003cp>They repeatedly told the court they could not imagine him doing the things his wife claims.\u003c/p>\n\u003cp>All throughout, Reinhardt, 37, mostly kept her point of view between herself and law enforcement authorities. Reinhardt is a Pilates instructor — and, by her own admission, doesn't have the same skill with words as Ballard, who has made a living spinning stories to his clients' advantage.\u003c/p>\n\u003cp>Reinhardt broke her silence by recounting her version of events in the public statement she read aloud in court last Thursday. KQED obtained a transcript of her account, which was submitted to the court but is not a publicly available document. KQED verified the transcription's veracity with Reinhardt's attorney, Amanda Bevins.\u003c/p>\n\u003cp>In the 2,600-word statement, Reinhardt alleged Ballard isolated her from friends and family for years and had physically harmed their children before, to the point where they cower in fear when they see any black Tesla on the street, the same car he drives. Their daughter still wakes in the night confused and crying, and often says she cannot breathe at bedtime, Reinhardt said, indicating ongoing trauma from the pillow-smothering incident.\u003c/p>\n\u003cp>The statement also alleges Ballard, who has made a career representing businesses like the NFL and the Golden State Warriors, made an anti-Black racist comment in the course of trying to control the clients he'd allow Reinhardt to take.\u003c/p>\n\u003cp>Reinhardt declined to comment to KQED, instead opting to let her testimony stand for itself. The names of their children, ages 3 and 5, have been redacted by KQED from her testimony and will not be used, for their protection.\u003c/p>\n\u003cp>\u003cem>\u003ca href=\"#statement\">Read Reinhardt's full victim impact statement.\u003c/a>\u003c/em>\u003c/p>\n\u003cp>\u003cem>Mara Reinhardt recorded herself re-reading her victim impact statement, and shared that recording with KQED. KQED has bleeped out the moments where Reinhardt mentions her children's names. \u003cstrong>Warning: This recording contains graphic descriptions of alleged violent domestic abuse and disturbing language.\u003c/strong> Listen:\u003c/em>\u003c/p>\n\u003cp>\u003c!-- iframe plugin v.4.3 wordpress.org/plugins/iframe/ -->\u003cbr>\n\u003ciframe src=\"https://omny.fm/shows/kqed-segmented-audio/mara-reinhardt-reads-her-victim-impact-statement/embed?style=artwork\" width=\"100%\" height=\"180\" frameborder=\"0\" title=\"Mara Reinhardt Reads Her Victim Impact Statement\" scrolling=\"yes\" class=\"iframe-class\">\u003c/iframe>\u003c/p>\n\u003cp>\u003cstrong>\u003ca href=\"#resources\">Skip to: Resources for survivors of domestic violence\u003c/a>\u003c/strong>\u003c/p>\n\u003ch3>Not the first time\u003c/h3>\n\u003cp>Ballard's defense against Reinhardt's accusations boils down to this: He says the pillow-smothering incident was isolated, due to his alcohol use disorder and exacerbated by the death of his father, and that he is now in a recovery program to heal himself. He denies he assaulted his daughter. He submitted letters from various recovery program staff and logs of his time in such programs, and swore he would one day be a new man.\u003c/p>\n\u003cp>In public and to the Napa County court, Ballard has repeatedly denied his wife's version of events.\u003c/p>\n\u003cp>\"I will say I am not proud of the way I conducted myself that evening. Mara and I both drank too much,\" Ballard told the court in filings. \"That said, I adamantly deny hurting [my daughter] that evening or at any previous time.\"\u003c/p>\n\u003cp>\"I am actively engaged in a daily program of recovery,\" he told KQED on Tuesday.\u003c/p>\n\u003cp>But in her statement, Reinhardt said the Oct. 17, 2020, incident was a clear attack, and that it wasn't the first time.\u003c/p>\n\u003cp>His dark moods were not \"an aberration, as he would have everyone believe,\" she said. His attacks, \"had nothing to do with his father or with alcohol.\" Reinhardt said Ballard would behave this way even when sober.\u003c/p>\n\u003cp>\"This is who he is,\" she said.\u003c/p>\n\u003cp>[pullquote size=\"medium\" align=\"right\" citation=\"Mara Reinhardt\"]'He told me I was a disgusting c*** and that training [pro athletes] would ruin his image. That people would think his wife is disgusting. He said that Black people are thugs and that they will rape me.'[/pullquote]\u003c/p>\n\u003cp>Ballard allegedly cut Reinhardt off from friends and family. She said he \"isolated\" her, showing up unannounced when she was with friends or her sister and would \"stay until I left.\" At public events he would not allow her to go beyond his sight. Even when she went to the bathroom he would follow her and wait outside the door, she said.\u003c/p>\n\u003cp>Reinhardt said Ballard also isolated her in regard to her career and their finances, having all financial correspondence sent to his office so she could not see it. She said he also dictated the clients she coached and forbade her to train professional athletes.\u003c/p>\n\u003cp>\"He told me I was a disgusting cunt and that training them would ruin his image,\" she wrote. \"That people would think his wife is disgusting. He said that Black people are thugs and that they will rape me.\"\u003c/p>\n\u003cp>Part of Ballard's career in public life involves attending parties with politicos, making face time with the wealthy and powerful. His website lists the Golden State Warriors, a \u003ca href=\"https://www.levisstadium.com/2016/02/super-bowl-50-becomes-most-watched-program-in-tv-history/\">Super Bowl 50 event hosted by the late Mayor Ed Lee\u003c/a>, and former Sen. John Kerry as past clients. He served on a board for \u003ca href=\"https://therepproject.org/\">The Representation Project\u003c/a>, started by Jennifer Siebel Newsom. As recently as last week he was \u003ca href=\"https://www.registercitizen.com/news/article/Some-California-prison-workers-ordered-to-get-16401824.php\">quoted in a news story\u003c/a> on behalf of one of his clients, the California Correctional Peace Officer's Association, the union that represents state prison officers.\u003c/p>\n\u003cp>It was at San Francisco's frequent galas, balls and various shindigs that he made the connections that kept his name on the lips of the state's power players.\u003c/p>\n\u003cp>Reinhardt was told by Ballard she would need to attend these events regularly or \"suffer the consequences,\" she said.\u003c/p>\n\u003cp>\"I would have to go and sing his praises only to come home [and] have him be angry and abusive,\" she said. \"He would try to make me [have] sex and if I refused, I was scared he would punish me or my kids. I would lock myself in their room to hide from Nate.\"\u003c/p>\n\u003cp>Life with Ballard was unpredictable, she told the court. She lived in fear of Nate's moods and \"wrath.\" He would also make comments about their daughter that Reinhardt described as \"disgusting and creepy.\"\u003c/p>\n\u003cp>\"The men are going to love her,\" Reinhardt recounted Ballard saying.\u003c/p>\n\u003cp>She left their home countless times fearing for her safety, and the safety of her children. She became numb to him, she said, and stayed in their marriage for fear of what he would do to their children if she ever were to leave. When their now 5-year-old daughter was 6 months old, Reinhardt said Ballard told her that if she left him, \"he would kill me and kill [our daughter].\"\u003c/p>\n\u003cp>\"From that moment, I felt trapped,\" she wrote.\u003c/p>\n\u003cp>[aside postID=news_11807639 hero='https://ww2.kqed.org/app/uploads/sites/10/2020/03/004_KQED_DomesticAbuse_StagedPhoto_03232020_9827-1038x576.jpg']\u003c/p>\n\u003ch3>'Narcissistic, sociopathic fury'\u003c/h3>\n\u003cp>Until Ballard's sentencing last week, Reinhardt had never publicly spoken about the alleged assault of Oct. 17, 2020, nor of Ballard's public defense of his actions.\u003c/p>\n\u003cp>Reinhardt and her children were staying at the Carneros Resort and Spa in Napa, and Ballard arrived a bit later the same day. \"He showed up with a look in his eye that I had seen many times before,\" Reinhardt said.\u003c/p>\n\u003cp>She expected his behavior to escalate.\u003c/p>\n\u003cp>Reinhardt spent the afternoon and evening trying to calm Ballard down. He called her \"a cunt, a bitch, a whore as his words and body language became more vile, aggressive, erratic, and scary,\" she said.\u003c/p>\n\u003cp>But, Reinhardt said, \"this was not an argument that got out of hand.\" Instead, it was one of his familiar and unprovoked rages.\u003c/p>\n\u003cp>Ballard has previously said he fell asleep on top of his daughter, a claim he supports with a comment his daughter made to a Napa County detective that she thought she heard him snoring. Reinhardt countered that this story emerged only because she actively tried to shield her daughter from the truth by telling her that the attack was an instance of Ballard becoming sick with COVID, and that they stayed locked in a bedroom to \"keep away from his germs.\"\u003c/p>\n\u003cp>\"This is what I told her to protect her and explain a big scary thing,\" she said. \"It's not because it was anywhere close to what she truly knew had happened.\"\u003c/p>\n\u003cp>Instead, Reinhardt said, what happened was this: Ballard, shouting and in a rage, shoved Reinhardt into a glass door.\u003c/p>\n\u003cp>\"There is no doubt in my mind that in the final charge towards me, as he had his hands in the air aimed at my neck, that Nate would have killed me that night,\" she said.\u003c/p>\n\u003cp>He wasn't finished. Next, Ballard, whom Reinhardt described as a strong, 200-plus-pound man, \"fortified by a narcissistic, sociopathic fury and an unprovoked, blind irrational rage I knew all too well,\" attacked their daughter, shouting and hurling profanities, calling their daughter a \"cunt and a bitch.\"\u003c/p>\n\u003cp>Reinhardt saw her daughter lying in bed, her arms flailing, as Ballard held a large pillow on top of her. He leaned on the pillow with his full weight, Reinhardt said.\u003c/p>\n\u003cp>\"What I didn't know was whether I would be able to pull him off of [my daughter] before she stopped breathing,\" Reinhardt said. \"He could have killed her and had I not been there, there is no doubt in my mind that he would have.\"\u003c/p>\n\u003cp>Reinhardt said she used all of her strength to push Ballard off their daughter. They escaped to another bedroom where the other child, then 3 years old, was sleeping, and locked the door.\u003c/p>\n\u003cp>While the arrival of police brought an end to that particular nightmare, the public relations barrage would soon begin.\u003c/p>\n\u003cp>[pullquote size=\"medium\" align=\"right\" citation=\"Nate Ballard\"]'If Mara had taken the stand and made these allegations under oath, we would have destroyed her credibility with mountains of documentary evidence and contradictory statements. But destroying Mara’s credibility would have done little to restore my reputation, so I chose to settle the case and move on.'[/pullquote]\u003c/p>\n\u003ch3>SF politicos stand up for Ballard\u003c/h3>\n\u003cp>\u003ca href=\"http://web.archive.org/web/20190514173239/https://www.modernluxury.com/san-francisco/story/inside-men\">A profile of Ballard in \"San Francisco\" magazine's \"Power Issue\"\u003c/a> from December 2016 described him as a \"preeminent media whisperer\" who represents a \"veritable Yellow Pages of powerful clients.\" He's frequently quoted by the press as an insider with intimate knowledge of Gov. Gavin Newsom, whom he represented when Newsom was mayor.\u003c/p>\n\u003cp>Yet his actions in October took a toll. In court documents, Ballard claims his $10 million public relations agency \"collapsed overnight.\"\u003c/p>\n\u003cp>His clients? They \"fled,\" he told the court.\u003c/p>\n\u003cp>But his agency's collapse didn't stop him from tapping some of those friends in high places to help him. More than 40 friends (and some family) wrote mitigation letters in his defense, asking the family court for leniency. That proceeding was separate from the ongoing Napa County criminal court case, but was related as it dealt with the custody of their children, and was legally intertwined.\u003c/p>\n\u003cp>\"On a personal level, I would say I know him very well and Nate has shown me that he is a good and decent human being,\" \u003ca href=\"https://www.documentcloud.org/documents/21048384-nathan-ballard-mitigation-letters-march-1-redacted?responsive=1&title=1\">wrote Kathy Black\u003c/a>, the more-than-20-year executive director of La Casa de las Madres, a domestic violence support group in San Francisco.\u003c/p>\n\u003cp>\u003ca href=\"https://www.lacasa.org/\">The organization\u003c/a> provides a 24-hour hotline to domestic abuse survivors, domestic abuse prevention education, and long-term support services. The organization's stated mission is to \"stand for a safer San Francisco.\"\u003c/p>\n\u003cp>In her defense of Ballard, Black wrote that \"over that [sic] last two decades, Nate has become a trusted friend, strategist, and ally to La Casa,\" adding, \"While I cannot speak to this case and its very serious allegations, I just do not believe that it is in Nate's nature to hurt anyone — period.\"\u003c/p>\n\u003cp>Former San Francisco Police Chief Greg Suhr also wrote in defense of Ballard, saying, \"In our many conversations about life, relationships, and family, what couldn't be any clearer is his love for his kids. He is a devoted father.\"\u003c/p>\n\u003cp>Ballard has previously represented the police officers' union as a spokesperson, defending Suhr's police force in the public sphere.\u003c/p>\n\u003cp>Suhr added, \"I will not comment on Nate's current criminal case in your county as I know nothing more about it other that [sic] what I've read in the papers. I can and will say I don't believe for a minute that it is in Nate to ever hurt anyone; and it is inconceivable to me that he could ever hurt a child.\"\u003c/p>\n\u003cp>\"Nate,\" Suhr wrote, \"is a good man.\"\u003c/p>\n\u003cp>Ballard's mitigation letters include other movers and shakers:\u003c/p>\n\u003cul>\n\u003cli>\u003ca href=\"https://www.kqed.org/news/11140354/s-f-police-union-announces-breakdown-in-use-of-force-negotiations\">Martin Halloran\u003c/a>, past president of the San Francisco Police Officers Association\u003c/li>\n\u003cli>Former San Francisco Mayor \u003ca href=\"https://www.sfchronicle.com/bayarea/article/Mark-Farrell-says-brief-tenure-as-SF-mayor-will-12541019.php\">Mark Farrell\u003c/a>\u003c/li>\n\u003cli>\u003ca href=\"https://www.davisenterprise.com/news/local/sunday-best/breaking-barriers-for-prieto-its-all-about-hard-work/\">Ramona Prieto\u003c/a>, retired California Highway Patrol deputy commissioner\u003c/li>\n\u003cli>Former San Francisco Supervisor \u003ca href=\"https://sfbos.org/former-supervisor-michela-alioto-pier-district-2\">Michela Alioto-Pier\u003c/a>\u003c/li>\n\u003cli>\u003ca href=\"https://www.linkedin.com/in/erin-garvey-76033956/\">Erin Garvey\u003c/a>, senior director of operations communications at PG&E\u003c/li>\n\u003cli>\u003ca href=\"https://sf-fire.org/people/tom-oconnor\">Tom O'Connor\u003c/a>, past president of San Francisco Fire Fighters Local 798\u003c/li>\n\u003cli>\u003ca href=\"https://therepproject.org/our-board/joanna-rees/\">Joanna Rees\u003c/a>, managing partner at market creation company West and board member of The Representation Project\u003c/li>\n\u003c/ul>\n\u003cp>Reinhardt's attorney, Amanda Bevins, was a partner in a Danville law firm for 18 years and said she often represented wealthy and well-connected clients. Still, she told KQED, the level of support Ballard garnered from influential people, considering the allegations against him, was \"unusual.\"\u003c/p>\n\u003cp>\"The letters stink of cronyism and everything that is wrong with the 'rich white boy' politics of San Francisco,\" Bevins said.\u003c/p>\n\u003cp>In announcing the verdict against Ballard, Napa County Deputy District Attorney Kecia Lind said it's common for high-profile abusers to use their prestige in the community to their advantage.\u003c/p>\n\u003cp>“The abuser uses their prominence to intimidate and further control their victims,\" Lind said. \"[T]hreatening to use their power to continue the abuse and assassination of character of the victims are features used to deflect personal responsibility and accountability for their wrongdoing. The Napa County District Attorney’s Office amplifies the voices of survivors, and this brave survivor refuses to be cowed by continued bullying or minimization of criminal behavior.”\u003c/p>\n\u003cp>Ballard told KQED on Tuesday he could have \"destroyed\" Reinhardt's credibility if he had not chosen to settle the case.\u003c/p>\n\u003cp>“If Mara had taken the stand and made these allegations under oath, we would have destroyed her credibility with mountains of documentary evidence and contradictory statements,\" Ballard wrote. \"But destroying Mara’s credibility would have done little to restore my reputation, so I chose to settle the case and move on.\"\u003c/p>\n\u003cp>Seeing prominent people in power defend her former husband strikes fear in Reinhardt.\u003c/p>\n\u003cp>\"Nate always makes sure that everyone knows that he is highly connected to powerful people: The Governor, The Vice President, various Congressmen and Women, Senators, Mayors, SF Police Chief, District Attorneys, many more people of influence in both the political and private world,\" Reinhardt said in her statement. \"He was written up as one of the 10 most powerful people in San Francisco. He never let me forget it.\"\u003c/p>\n\u003cp>Notably, in order for Reinhardt to secure an agreement from Ballard to not see their children for six years, she agreed to withdraw a domestic violence restraining order she had filed after the assault, and to take the unusual step of sealing the declaration attached to the order's petition. Without the information from that declaration being in the public sphere, Ballard has more ability to control the narrative — a tactic Reinhardt says she knows all too well.\u003c/p>\n\u003cp>The agreement to withdraw the restraining order and seal Reinhardt's declaration was \"totally motivated\" by Ballard's own desire to protect his image, Bevins alleges.\u003c/p>\n\u003cp>\"Long after we leave here today,\" Reinhardt said, \"I know that Nate will spend his life trying to spin yet another story, to destroy me, the children, and most likely anyone associated with this case.\"\u003c/p>\n\u003cp>In two years, the family law court may consider allowing Ballard to have contact with his two young children again.\u003c/p>\n\u003cp>\u003cem>\u003ca id=\"statement\">\u003c/a>Read Mara Reinhardt's full victim impact statement, which she read aloud in Napa County Superior Court on Aug. 19:\u003c/em>\u003c/p>\n\u003cp>\u003c!-- iframe plugin v.4.3 wordpress.org/plugins/iframe/ -->\u003cbr>\n\u003ciframe src=\"https://embed.documentcloud.org/documents/21048306-victim-impact-statement-redacted/?embed=1&responsive=1&title=1\" title=\"victim-impact-statement-redacted (Hosted by DocumentCloud)\" width=\"800\" height=\"905\" style=\"border: 1px solid #aaa; width: 100%; height: 800px; height: calc(100vh - 100px);\" sandbox=\"allow-scripts allow-same-origin allow-popups allow-forms allow-popups-to-escape-sandbox\" scrolling=\"yes\" class=\"iframe-class\" frameborder=\"0\">\u003c/iframe>\u003c/p>\n\u003ch3>Resources for survivors of domestic violence\u003c/h3>\n\u003cp>\u003cem>Have you been or are you being harmed by domestic violence? Find help via these resources, in the Bay Area and beyond:\u003c/em>\u003c/p>\n\u003cul>\n\u003cli>\u003ca href=\"https://centerfordomesticpeace.org/\">Center for Domestic Peace\u003c/a>: Call their 24/7 English-Spanish hotline at (415) 924-6616. Shelter requests are handled via this number, as are appointments for legal advocacy services.\u003c/li>\n\u003cli>\u003ca href=\"https://www.roclinic.org/\">Cooperative Restraining Order Clinic\u003c/a>: CROC provides free legal services to domestic violence, sexual assault and stalking survivors: (415) 969-6711.\u003c/li>\n\u003cli>\u003ca href=\"http://fvlc.org/\">Family Violence Law Center\u003c/a>: Call (800) 947-8301 for legal services as well as 24-hour crisis intervention and support.\u003c/li>\n\u003cli>\u003ca href=\"https://www.lacasa.org/\">La Casa de las Madres\u003c/a>: For support, resources and safety planning, call their 24/7 hotline at (877) 503-1850. You can also contact them via text at (415) 200-3575.\u003c/li>\n\u003cli>\u003ca href=\"https://www.thehotline.org/\">The National Domestic Violence Hotline\u003c/a>: Call (800) 799-7233, or (800) 799-7233 for TTY, or if you’re unable to speak safely, go online or text LOVEIS to 22522.\u003c/li>\n\u003cli>\u003ca href=\"http://www.standffov.org/\">STAND! For Families Free of Violence, Contra Costa County\u003c/a>: STAND's toll-free crisis line remains active 24 hours a day at (888) 215-5555.\u003c/li>\n\u003cli>\u003ca href=\"http://www.womaninc.org/\">WOMAN, Inc. (Women Organized to Make Abuse Nonexistent)\u003c/a>: Offers 24/7 support line services, remote counseling via Zoom, Google Hangouts and phone calls in English and Spanish at (877) 384-3578.\u003c/li>\n\u003c/ul>\n\u003cp>[ad floatright]\u003c/p>\n","blocks":[],"excerpt":"In a harrowing victim impact statement she read in court, Reinhardt said the abuse she and her children suffered from Ballard — who's been defended by his powerful political connections — was far from an isolated incident.","status":"publish","parent":0,"modified":1629850070,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":true,"iframeSrcs":["https://embed.documentcloud.org/documents/21048306-victim-impact-statement-redacted/"],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":90,"wordCount":3558},"headData":{"title":"‘This Is Who He Is’: Mara Reinhardt Reveals Extent of Alleged Family Abuse by Prominent SF Politico Nate Ballard | KQED","description":"In a harrowing victim impact statement she read in court, Reinhardt said the abuse she and her children suffered from Ballard — who's been defended by his powerful political connections — was far from an isolated incident.","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":"","schema":{"@context":"http://schema.org","@type":"NewsArticle","headline":"‘This Is Who He Is’: Mara Reinhardt Reveals Extent of Alleged Family Abuse by Prominent SF Politico Nate Ballard","datePublished":"2021-08-24T22:55:10.000Z","dateModified":"2021-08-25T00:07:50.000Z","image":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png","isAccessibleForFree":"Y","publisher":{"@type":"NewsMediaOrganization","@id":"https://www.kqed.org/#organization","name":"KQED","url":"https://www.kqed.org","logo":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png"}}},"disqusIdentifier":"11885782 https://ww2.kqed.org/news/?p=11885782","disqusUrl":"https://ww2.kqed.org/news/2021/08/24/this-is-who-he-is-mara-reinhardt-reveals-extent-of-alleged-family-abuse-by-prominent-sf-politico-nate-ballard/","disqusTitle":"‘This Is Who He Is’: Mara Reinhardt Reveals Extent of Alleged Family Abuse by Prominent SF Politico Nate Ballard","path":"/news/11885782/this-is-who-he-is-mara-reinhardt-reveals-extent-of-alleged-family-abuse-by-prominent-sf-politico-nate-ballard","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>\u003cem>Warning: This story contains graphic descriptions of alleged violent domestic abuse toward women and children and disturbing language.\u003c/em>\u003c/p>\n\u003cp>\u003c/p>\u003cp>\u003cspan class=\"utils-parseShortcode-shortcodes-__dropcapShortcode__dropcap\">E\u003c/span>\u003c/p>\u003cp>ver since former spokesperson-for-hire Nate Ballard's arrest in October last year, for allegedly assaulting his wife and attempting to smother his child with a pillow in an incident at a Napa resort, the public relations expert has done what he does best:\u003c/p>\n\u003cp>Talk.\u003c/p>\n\u003cp>He's talked to media. He's talked to the public. He's talked to his allies in San Francisco government. In every case, Ballard — who served as a top aide to Gov. Gavin Newsom while Newsom was mayor of San Francisco — has characterized the event as a misunderstanding brought on by grief and alcohol use disorder.\u003c/p>\n\u003cp>Now, as the legal saga comes to a close nearly a year later, Ballard's wife Mara Reinhardt finally told her side of the harrowing tale in public: She says Ballard abused her and their children for years, subjecting them to psychological torment. Ballard was \u003ca href=\"https://www.sfchronicle.com/sf/article/Former-Newsom-aide-sentenced-to-probation-in-16398787.php\">sentenced to probation Thursday\u003c/a> after striking a plea deal.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"'I lost my way in our relationship and allowed Nate to do unspeakable things to me. I know that Nate, who earns a substantial living as a [PR] expert, is a master spin doctor and would have the court, the public, and probation believe this was a one-time event. I'd feel less shame, less regret, less erosion of myself if it were.'","name":"pullquote","attributes":{"named":{"size":"medium","align":"right","citation":"Mara Reinhardt","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>Reinhardt's victim impact statement, which she read aloud in Napa County Superior Court last week, came after a long list of prominent, politically connected San Franciscans — including the head of a domestic violence shelter and a former city police chief — had continued to back Ballard in a separate but related family court proceeding.\u003c/p>\n\u003cp>But Reinhardt, who filed for divorce shortly after the Napa incident and who agreed to the plea deal — which calls for Ballard to stay away from their two young children for six years — says he is too dangerous to be near them.\u003c/p>\n\u003cp>\"For those who know me, you know that being up here today is one of the most frightening things I have ever done,\" Reinhardt told the court.\u003c/p>\n\u003cp>\"I lost my way in our relationship and allowed Nate to do unspeakable things to me,\" she said. \"I know that Nate, who earns a substantial living as a public relations expert, is a master spin doctor and would have the court, the public, and probation believe this was a one-time event. I'd feel less shame, less regret, less erosion of myself if it were.\"\u003c/p>\n\u003cp>She had a purpose in finally speaking out.\u003c/p>\n\u003cp>\"I am here for our safety and for our protection from Nathan Ballard,\" Reinhardt said.\u003c/p>\n\u003cp>Her version of events is dramatically different from Ballard's.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Ballard — the former press secretary for Newsom while he was mayor, a former San Francisco deputy city attorney and a former city police union spokesperson — has for months told his side of the story, featuring apologies and explanations that a long-running struggle with alcohol use disorder swayed his behavior. He even, at one point, claimed he fell asleep on his child, countering his wife's accusation that he grabbed a pillow and used his entire body's weight to smother their daughter's face.\u003c/p>\n\u003cp>“The allegations made against me by Mara are mostly false, and the remainder are grossly exaggerated,\" Ballard told KQED on Tuesday, in a written statement. \"I never harmed my daughter, and I never would have agreed to any settlement that required me to say that I did.\"\u003c/p>\n\u003cp>\"I refuse to be sidelined by regrets,\" Ballard added. \"We all fall down sometimes. It is getting back up that matters most.”\u003c/p>\n\u003cp>His talk garnered goodwill from allies — including former San Francisco Police Chief Greg Suhr, former San Francisco Mayor Mark Farrell and the executive director of domestic violence help organization La Casa de las Madres, Kathy Black — who sang his praises in a legal fashion, \u003ca href=\"https://www.documentcloud.org/documents/21048384-nathan-ballard-mitigation-letters-march-1-redacted?responsive=1&title=1\">filing attestations to his good character in court\u003c/a>.\u003c/p>\n\u003cp>They repeatedly told the court they could not imagine him doing the things his wife claims.\u003c/p>\n\u003cp>All throughout, Reinhardt, 37, mostly kept her point of view between herself and law enforcement authorities. Reinhardt is a Pilates instructor — and, by her own admission, doesn't have the same skill with words as Ballard, who has made a living spinning stories to his clients' advantage.\u003c/p>\n\u003cp>Reinhardt broke her silence by recounting her version of events in the public statement she read aloud in court last Thursday. KQED obtained a transcript of her account, which was submitted to the court but is not a publicly available document. KQED verified the transcription's veracity with Reinhardt's attorney, Amanda Bevins.\u003c/p>\n\u003cp>In the 2,600-word statement, Reinhardt alleged Ballard isolated her from friends and family for years and had physically harmed their children before, to the point where they cower in fear when they see any black Tesla on the street, the same car he drives. Their daughter still wakes in the night confused and crying, and often says she cannot breathe at bedtime, Reinhardt said, indicating ongoing trauma from the pillow-smothering incident.\u003c/p>\n\u003cp>The statement also alleges Ballard, who has made a career representing businesses like the NFL and the Golden State Warriors, made an anti-Black racist comment in the course of trying to control the clients he'd allow Reinhardt to take.\u003c/p>\n\u003cp>Reinhardt declined to comment to KQED, instead opting to let her testimony stand for itself. The names of their children, ages 3 and 5, have been redacted by KQED from her testimony and will not be used, for their protection.\u003c/p>\n\u003cp>\u003cem>\u003ca href=\"#statement\">Read Reinhardt's full victim impact statement.\u003c/a>\u003c/em>\u003c/p>\n\u003cp>\u003cem>Mara Reinhardt recorded herself re-reading her victim impact statement, and shared that recording with KQED. KQED has bleeped out the moments where Reinhardt mentions her children's names. \u003cstrong>Warning: This recording contains graphic descriptions of alleged violent domestic abuse and disturbing language.\u003c/strong> Listen:\u003c/em>\u003c/p>\n\u003cp>\u003c!-- iframe plugin v.4.3 wordpress.org/plugins/iframe/ -->\u003cbr>\n\u003ciframe src=\"https://omny.fm/shows/kqed-segmented-audio/mara-reinhardt-reads-her-victim-impact-statement/embed?style=artwork\" width=\"100%\" height=\"180\" frameborder=\"0\" title=\"Mara Reinhardt Reads Her Victim Impact Statement\" scrolling=\"yes\" class=\"iframe-class\">\u003c/iframe>\u003c/p>\n\u003cp>\u003cstrong>\u003ca href=\"#resources\">Skip to: Resources for survivors of domestic violence\u003c/a>\u003c/strong>\u003c/p>\n\u003ch3>Not the first time\u003c/h3>\n\u003cp>Ballard's defense against Reinhardt's accusations boils down to this: He says the pillow-smothering incident was isolated, due to his alcohol use disorder and exacerbated by the death of his father, and that he is now in a recovery program to heal himself. He denies he assaulted his daughter. He submitted letters from various recovery program staff and logs of his time in such programs, and swore he would one day be a new man.\u003c/p>\n\u003cp>In public and to the Napa County court, Ballard has repeatedly denied his wife's version of events.\u003c/p>\n\u003cp>\"I will say I am not proud of the way I conducted myself that evening. Mara and I both drank too much,\" Ballard told the court in filings. \"That said, I adamantly deny hurting [my daughter] that evening or at any previous time.\"\u003c/p>\n\u003cp>\"I am actively engaged in a daily program of recovery,\" he told KQED on Tuesday.\u003c/p>\n\u003cp>But in her statement, Reinhardt said the Oct. 17, 2020, incident was a clear attack, and that it wasn't the first time.\u003c/p>\n\u003cp>His dark moods were not \"an aberration, as he would have everyone believe,\" she said. His attacks, \"had nothing to do with his father or with alcohol.\" Reinhardt said Ballard would behave this way even when sober.\u003c/p>\n\u003cp>\"This is who he is,\" she said.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"'He told me I was a disgusting c*** and that training [pro athletes] would ruin his image. That people would think his wife is disgusting. He said that Black people are thugs and that they will rape me.'","name":"pullquote","attributes":{"named":{"size":"medium","align":"right","citation":"Mara Reinhardt","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Ballard allegedly cut Reinhardt off from friends and family. She said he \"isolated\" her, showing up unannounced when she was with friends or her sister and would \"stay until I left.\" At public events he would not allow her to go beyond his sight. Even when she went to the bathroom he would follow her and wait outside the door, she said.\u003c/p>\n\u003cp>Reinhardt said Ballard also isolated her in regard to her career and their finances, having all financial correspondence sent to his office so she could not see it. She said he also dictated the clients she coached and forbade her to train professional athletes.\u003c/p>\n\u003cp>\"He told me I was a disgusting cunt and that training them would ruin his image,\" she wrote. \"That people would think his wife is disgusting. He said that Black people are thugs and that they will rape me.\"\u003c/p>\n\u003cp>Part of Ballard's career in public life involves attending parties with politicos, making face time with the wealthy and powerful. His website lists the Golden State Warriors, a \u003ca href=\"https://www.levisstadium.com/2016/02/super-bowl-50-becomes-most-watched-program-in-tv-history/\">Super Bowl 50 event hosted by the late Mayor Ed Lee\u003c/a>, and former Sen. John Kerry as past clients. He served on a board for \u003ca href=\"https://therepproject.org/\">The Representation Project\u003c/a>, started by Jennifer Siebel Newsom. As recently as last week he was \u003ca href=\"https://www.registercitizen.com/news/article/Some-California-prison-workers-ordered-to-get-16401824.php\">quoted in a news story\u003c/a> on behalf of one of his clients, the California Correctional Peace Officer's Association, the union that represents state prison officers.\u003c/p>\n\u003cp>It was at San Francisco's frequent galas, balls and various shindigs that he made the connections that kept his name on the lips of the state's power players.\u003c/p>\n\u003cp>Reinhardt was told by Ballard she would need to attend these events regularly or \"suffer the consequences,\" she said.\u003c/p>\n\u003cp>\"I would have to go and sing his praises only to come home [and] have him be angry and abusive,\" she said. \"He would try to make me [have] sex and if I refused, I was scared he would punish me or my kids. I would lock myself in their room to hide from Nate.\"\u003c/p>\n\u003cp>Life with Ballard was unpredictable, she told the court. She lived in fear of Nate's moods and \"wrath.\" He would also make comments about their daughter that Reinhardt described as \"disgusting and creepy.\"\u003c/p>\n\u003cp>\"The men are going to love her,\" Reinhardt recounted Ballard saying.\u003c/p>\n\u003cp>She left their home countless times fearing for her safety, and the safety of her children. She became numb to him, she said, and stayed in their marriage for fear of what he would do to their children if she ever were to leave. When their now 5-year-old daughter was 6 months old, Reinhardt said Ballard told her that if she left him, \"he would kill me and kill [our daughter].\"\u003c/p>\n\u003cp>\"From that moment, I felt trapped,\" she wrote.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"aside","attributes":{"named":{"postid":"news_11807639","hero":"https://ww2.kqed.org/app/uploads/sites/10/2020/03/004_KQED_DomesticAbuse_StagedPhoto_03232020_9827-1038x576.jpg","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003ch3>'Narcissistic, sociopathic fury'\u003c/h3>\n\u003cp>Until Ballard's sentencing last week, Reinhardt had never publicly spoken about the alleged assault of Oct. 17, 2020, nor of Ballard's public defense of his actions.\u003c/p>\n\u003cp>Reinhardt and her children were staying at the Carneros Resort and Spa in Napa, and Ballard arrived a bit later the same day. \"He showed up with a look in his eye that I had seen many times before,\" Reinhardt said.\u003c/p>\n\u003cp>She expected his behavior to escalate.\u003c/p>\n\u003cp>Reinhardt spent the afternoon and evening trying to calm Ballard down. He called her \"a cunt, a bitch, a whore as his words and body language became more vile, aggressive, erratic, and scary,\" she said.\u003c/p>\n\u003cp>But, Reinhardt said, \"this was not an argument that got out of hand.\" Instead, it was one of his familiar and unprovoked rages.\u003c/p>\n\u003cp>Ballard has previously said he fell asleep on top of his daughter, a claim he supports with a comment his daughter made to a Napa County detective that she thought she heard him snoring. Reinhardt countered that this story emerged only because she actively tried to shield her daughter from the truth by telling her that the attack was an instance of Ballard becoming sick with COVID, and that they stayed locked in a bedroom to \"keep away from his germs.\"\u003c/p>\n\u003cp>\"This is what I told her to protect her and explain a big scary thing,\" she said. \"It's not because it was anywhere close to what she truly knew had happened.\"\u003c/p>\n\u003cp>Instead, Reinhardt said, what happened was this: Ballard, shouting and in a rage, shoved Reinhardt into a glass door.\u003c/p>\n\u003cp>\"There is no doubt in my mind that in the final charge towards me, as he had his hands in the air aimed at my neck, that Nate would have killed me that night,\" she said.\u003c/p>\n\u003cp>He wasn't finished. Next, Ballard, whom Reinhardt described as a strong, 200-plus-pound man, \"fortified by a narcissistic, sociopathic fury and an unprovoked, blind irrational rage I knew all too well,\" attacked their daughter, shouting and hurling profanities, calling their daughter a \"cunt and a bitch.\"\u003c/p>\n\u003cp>Reinhardt saw her daughter lying in bed, her arms flailing, as Ballard held a large pillow on top of her. He leaned on the pillow with his full weight, Reinhardt said.\u003c/p>\n\u003cp>\"What I didn't know was whether I would be able to pull him off of [my daughter] before she stopped breathing,\" Reinhardt said. \"He could have killed her and had I not been there, there is no doubt in my mind that he would have.\"\u003c/p>\n\u003cp>Reinhardt said she used all of her strength to push Ballard off their daughter. They escaped to another bedroom where the other child, then 3 years old, was sleeping, and locked the door.\u003c/p>\n\u003cp>While the arrival of police brought an end to that particular nightmare, the public relations barrage would soon begin.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"'If Mara had taken the stand and made these allegations under oath, we would have destroyed her credibility with mountains of documentary evidence and contradictory statements. But destroying Mara’s credibility would have done little to restore my reputation, so I chose to settle the case and move on.'","name":"pullquote","attributes":{"named":{"size":"medium","align":"right","citation":"Nate Ballard","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003ch3>SF politicos stand up for Ballard\u003c/h3>\n\u003cp>\u003ca href=\"http://web.archive.org/web/20190514173239/https://www.modernluxury.com/san-francisco/story/inside-men\">A profile of Ballard in \"San Francisco\" magazine's \"Power Issue\"\u003c/a> from December 2016 described him as a \"preeminent media whisperer\" who represents a \"veritable Yellow Pages of powerful clients.\" He's frequently quoted by the press as an insider with intimate knowledge of Gov. Gavin Newsom, whom he represented when Newsom was mayor.\u003c/p>\n\u003cp>Yet his actions in October took a toll. In court documents, Ballard claims his $10 million public relations agency \"collapsed overnight.\"\u003c/p>\n\u003cp>His clients? They \"fled,\" he told the court.\u003c/p>\n\u003cp>But his agency's collapse didn't stop him from tapping some of those friends in high places to help him. More than 40 friends (and some family) wrote mitigation letters in his defense, asking the family court for leniency. That proceeding was separate from the ongoing Napa County criminal court case, but was related as it dealt with the custody of their children, and was legally intertwined.\u003c/p>\n\u003cp>\"On a personal level, I would say I know him very well and Nate has shown me that he is a good and decent human being,\" \u003ca href=\"https://www.documentcloud.org/documents/21048384-nathan-ballard-mitigation-letters-march-1-redacted?responsive=1&title=1\">wrote Kathy Black\u003c/a>, the more-than-20-year executive director of La Casa de las Madres, a domestic violence support group in San Francisco.\u003c/p>\n\u003cp>\u003ca href=\"https://www.lacasa.org/\">The organization\u003c/a> provides a 24-hour hotline to domestic abuse survivors, domestic abuse prevention education, and long-term support services. The organization's stated mission is to \"stand for a safer San Francisco.\"\u003c/p>\n\u003cp>In her defense of Ballard, Black wrote that \"over that [sic] last two decades, Nate has become a trusted friend, strategist, and ally to La Casa,\" adding, \"While I cannot speak to this case and its very serious allegations, I just do not believe that it is in Nate's nature to hurt anyone — period.\"\u003c/p>\n\u003cp>Former San Francisco Police Chief Greg Suhr also wrote in defense of Ballard, saying, \"In our many conversations about life, relationships, and family, what couldn't be any clearer is his love for his kids. He is a devoted father.\"\u003c/p>\n\u003cp>Ballard has previously represented the police officers' union as a spokesperson, defending Suhr's police force in the public sphere.\u003c/p>\n\u003cp>Suhr added, \"I will not comment on Nate's current criminal case in your county as I know nothing more about it other that [sic] what I've read in the papers. I can and will say I don't believe for a minute that it is in Nate to ever hurt anyone; and it is inconceivable to me that he could ever hurt a child.\"\u003c/p>\n\u003cp>\"Nate,\" Suhr wrote, \"is a good man.\"\u003c/p>\n\u003cp>Ballard's mitigation letters include other movers and shakers:\u003c/p>\n\u003cul>\n\u003cli>\u003ca href=\"https://www.kqed.org/news/11140354/s-f-police-union-announces-breakdown-in-use-of-force-negotiations\">Martin Halloran\u003c/a>, past president of the San Francisco Police Officers Association\u003c/li>\n\u003cli>Former San Francisco Mayor \u003ca href=\"https://www.sfchronicle.com/bayarea/article/Mark-Farrell-says-brief-tenure-as-SF-mayor-will-12541019.php\">Mark Farrell\u003c/a>\u003c/li>\n\u003cli>\u003ca href=\"https://www.davisenterprise.com/news/local/sunday-best/breaking-barriers-for-prieto-its-all-about-hard-work/\">Ramona Prieto\u003c/a>, retired California Highway Patrol deputy commissioner\u003c/li>\n\u003cli>Former San Francisco Supervisor \u003ca href=\"https://sfbos.org/former-supervisor-michela-alioto-pier-district-2\">Michela Alioto-Pier\u003c/a>\u003c/li>\n\u003cli>\u003ca href=\"https://www.linkedin.com/in/erin-garvey-76033956/\">Erin Garvey\u003c/a>, senior director of operations communications at PG&E\u003c/li>\n\u003cli>\u003ca href=\"https://sf-fire.org/people/tom-oconnor\">Tom O'Connor\u003c/a>, past president of San Francisco Fire Fighters Local 798\u003c/li>\n\u003cli>\u003ca href=\"https://therepproject.org/our-board/joanna-rees/\">Joanna Rees\u003c/a>, managing partner at market creation company West and board member of The Representation Project\u003c/li>\n\u003c/ul>\n\u003cp>Reinhardt's attorney, Amanda Bevins, was a partner in a Danville law firm for 18 years and said she often represented wealthy and well-connected clients. Still, she told KQED, the level of support Ballard garnered from influential people, considering the allegations against him, was \"unusual.\"\u003c/p>\n\u003cp>\"The letters stink of cronyism and everything that is wrong with the 'rich white boy' politics of San Francisco,\" Bevins said.\u003c/p>\n\u003cp>In announcing the verdict against Ballard, Napa County Deputy District Attorney Kecia Lind said it's common for high-profile abusers to use their prestige in the community to their advantage.\u003c/p>\n\u003cp>“The abuser uses their prominence to intimidate and further control their victims,\" Lind said. \"[T]hreatening to use their power to continue the abuse and assassination of character of the victims are features used to deflect personal responsibility and accountability for their wrongdoing. The Napa County District Attorney’s Office amplifies the voices of survivors, and this brave survivor refuses to be cowed by continued bullying or minimization of criminal behavior.”\u003c/p>\n\u003cp>Ballard told KQED on Tuesday he could have \"destroyed\" Reinhardt's credibility if he had not chosen to settle the case.\u003c/p>\n\u003cp>“If Mara had taken the stand and made these allegations under oath, we would have destroyed her credibility with mountains of documentary evidence and contradictory statements,\" Ballard wrote. \"But destroying Mara’s credibility would have done little to restore my reputation, so I chose to settle the case and move on.\"\u003c/p>\n\u003cp>Seeing prominent people in power defend her former husband strikes fear in Reinhardt.\u003c/p>\n\u003cp>\"Nate always makes sure that everyone knows that he is highly connected to powerful people: The Governor, The Vice President, various Congressmen and Women, Senators, Mayors, SF Police Chief, District Attorneys, many more people of influence in both the political and private world,\" Reinhardt said in her statement. \"He was written up as one of the 10 most powerful people in San Francisco. He never let me forget it.\"\u003c/p>\n\u003cp>Notably, in order for Reinhardt to secure an agreement from Ballard to not see their children for six years, she agreed to withdraw a domestic violence restraining order she had filed after the assault, and to take the unusual step of sealing the declaration attached to the order's petition. Without the information from that declaration being in the public sphere, Ballard has more ability to control the narrative — a tactic Reinhardt says she knows all too well.\u003c/p>\n\u003cp>The agreement to withdraw the restraining order and seal Reinhardt's declaration was \"totally motivated\" by Ballard's own desire to protect his image, Bevins alleges.\u003c/p>\n\u003cp>\"Long after we leave here today,\" Reinhardt said, \"I know that Nate will spend his life trying to spin yet another story, to destroy me, the children, and most likely anyone associated with this case.\"\u003c/p>\n\u003cp>In two years, the family law court may consider allowing Ballard to have contact with his two young children again.\u003c/p>\n\u003cp>\u003cem>\u003ca id=\"statement\">\u003c/a>Read Mara Reinhardt's full victim impact statement, which she read aloud in Napa County Superior Court on Aug. 19:\u003c/em>\u003c/p>\n\u003cp>\u003c!-- iframe plugin v.4.3 wordpress.org/plugins/iframe/ -->\u003cbr>\n\u003ciframe src=\"https://embed.documentcloud.org/documents/21048306-victim-impact-statement-redacted/?embed=1&responsive=1&title=1\" title=\"victim-impact-statement-redacted (Hosted by DocumentCloud)\" width=\"800\" height=\"905\" style=\"border: 1px solid #aaa; width: 100%; height: 800px; height: calc(100vh - 100px);\" sandbox=\"allow-scripts allow-same-origin allow-popups allow-forms allow-popups-to-escape-sandbox\" scrolling=\"yes\" class=\"iframe-class\" frameborder=\"0\">\u003c/iframe>\u003c/p>\n\u003ch3>Resources for survivors of domestic violence\u003c/h3>\n\u003cp>\u003cem>Have you been or are you being harmed by domestic violence? Find help via these resources, in the Bay Area and beyond:\u003c/em>\u003c/p>\n\u003cul>\n\u003cli>\u003ca href=\"https://centerfordomesticpeace.org/\">Center for Domestic Peace\u003c/a>: Call their 24/7 English-Spanish hotline at (415) 924-6616. Shelter requests are handled via this number, as are appointments for legal advocacy services.\u003c/li>\n\u003cli>\u003ca href=\"https://www.roclinic.org/\">Cooperative Restraining Order Clinic\u003c/a>: CROC provides free legal services to domestic violence, sexual assault and stalking survivors: (415) 969-6711.\u003c/li>\n\u003cli>\u003ca href=\"http://fvlc.org/\">Family Violence Law Center\u003c/a>: Call (800) 947-8301 for legal services as well as 24-hour crisis intervention and support.\u003c/li>\n\u003cli>\u003ca href=\"https://www.lacasa.org/\">La Casa de las Madres\u003c/a>: For support, resources and safety planning, call their 24/7 hotline at (877) 503-1850. You can also contact them via text at (415) 200-3575.\u003c/li>\n\u003cli>\u003ca href=\"https://www.thehotline.org/\">The National Domestic Violence Hotline\u003c/a>: Call (800) 799-7233, or (800) 799-7233 for TTY, or if you’re unable to speak safely, go online or text LOVEIS to 22522.\u003c/li>\n\u003cli>\u003ca href=\"http://www.standffov.org/\">STAND! For Families Free of Violence, Contra Costa County\u003c/a>: STAND's toll-free crisis line remains active 24 hours a day at (888) 215-5555.\u003c/li>\n\u003cli>\u003ca href=\"http://www.womaninc.org/\">WOMAN, Inc. (Women Organized to Make Abuse Nonexistent)\u003c/a>: Offers 24/7 support line services, remote counseling via Zoom, Google Hangouts and phone calls in English and Spanish at (877) 384-3578.\u003c/li>\n\u003c/ul>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"floatright"},"numeric":["floatright"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11885782/this-is-who-he-is-mara-reinhardt-reveals-extent-of-alleged-family-abuse-by-prominent-sf-politico-nate-ballard","authors":["11690"],"categories":["news_6188","news_8","news_13"],"tags":["news_5559","news_18283","news_17759","news_27626","news_29820","news_29819","news_29818","news_17968","news_38"],"featImg":"news_11886130","label":"news"},"news_11871547":{"type":"posts","id":"news_11871547","meta":{"index":"posts_1591205157","site":"news","id":"11871547","score":null,"sort":[1619653386000]},"guestAuthors":[],"slug":"immigrant-advocates-urge-biden-administration-to-end-trump-bar-on-asylum-for-domestic-violence-victims","title":"Immigrant Advocates Urge Biden Administration to End Trump Restrictions on Asylum for Domestic Violence Victims","publishDate":1619653386,"format":"standard","headTitle":"KQED News","labelTerm":{"site":"news"},"content":"\u003cp>Immigrant advocates and law professors in the Bay Area are urging the Biden administration to immediately revoke Trump-era restrictions on asylum that they say have led the U.S. to send back to danger thousands of immigrant women and families fleeing domestic violence or gang brutality.\u003c/p>\n\u003cp>Within weeks of taking office, President Biden \u003ca href=\"https://www.whitehouse.gov/briefing-room/presidential-actions/2021/02/02/executive-order-creating-a-comprehensive-regional-framework-to-address-the-causes-of-migration-to-manage-migration-throughout-north-and-central-america-and-to-provide-safe-and-orderly-processing/#:~:text=Briefing%20Room-,Executive%20Order%20on%20Creating%20a%20Comprehensive%20Regional%20Framework%20to%20Address,at%20the%20United%20States%20Border\" target=\"_blank\" rel=\"noopener noreferrer\">ordered\u003c/a> the U.S. attorney general and the Homeland Security secretary to take steps to review and restore an asylum system he said was “badly damaged” by policies under the Trump administration. But the agencies are not expected to issue regulations related to victims of domestic and gang violence until late summer or fall.\u003c/p>\n\u003cp>In the meantime, the U.S. attorney general, who oversees immigration courts, should vacate orders by his Trump-era predecessors that dramatically limited who was eligible for asylum protection, said Karen Musalo, director of the Center for Gender and Refugee Studies at UC Hastings in San Francisco. [pullquote size=\"medium\" align=\"right\" citation=\"Blanca, an advocate with Mujeres Unidas y Activas\"]'The government has the responsibility to protect our lives even when the aggressor is our spouse ... To live free of violence is a right we all have as human beings, but we women have been suppressed by both abusers and the government.'[/pullquote]\u003c/p>\n\u003cp>“People’s fates are in the balance,” said Musalo, a law professor. “Every day that these decisions remain in place means that individuals who have deserving claims for protection and whose lives are really at risk are being denied and sent back to the countries they fled.”\u003c/p>\n\u003cp>In a \u003ca href=\"https://cgrs.uchastings.edu/sites/default/files/Request%20for%20Vacatur%20of%20AB%20ACAA%20LEA_2021.04.13.pdf\" target=\"_blank\" rel=\"noopener noreferrer\">letter\u003c/a> this month to Attorney General Merrick Garland, Musalo and attorneys with other litigation and advocacy organizations requested he use his authority to get rid of five Trump policies, including one by then-Attorney General Jeff Sessions that reversed a 2014 precedent establishing that women fleeing domestic violence could qualify for asylum.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>The Department of Justice did not return KQED’s requests for comment.\u003c/p>\n\u003cp>An immigration judge may grant asylum to people with a well-founded fear of persecution in their home countries because of their race, religion, nationality, political opinion or membership in a particular social group.\u003c/p>\n\u003cp>In 2018, Sessions rejected the claim of a Salvadoran mother of three who had suffered nearly 15 years of physical and sexual violence at the hands of her ex-husband. The woman, known in court documents as A.B., was represented by Musalo.\u003c/p>\n\u003cp>In his Matter of A-B- \u003ca href=\"https://www.justice.gov/eoir/page/file/1070866/download\" target=\"_blank\" rel=\"noopener noreferrer\">decision\u003c/a>, Sessions concluded that domestic violence is a private or personal crime, not a form of persecution deserving of asylum on account of membership in a particular group.\u003c/p>\n\u003cp>But there is overwhelming evidence that domestic violence is rooted in the subordination of women by men and caused by a society’s gender conditioning, said Nancy Lemon, a UC Berkeley law professor who wrote the textbook \"Domestic Violence Law.\" She called the Matter of A-B- ruling “an affront to women’s rights.” [aside tag=\"domestic-abuse, asylum\" label=\"More Related Stories\"]\u003c/p>\n\u003cp>“Former Attorney General Sessions’ view of domestic violence is not only incredibly antiquated and dangerous, it also absolves government of any role in addressing the problem,” said Lemon during a call with reporters. “This sort of backwards rhetoric is very harmful and has set back many decades of progress in women's rights at home and abroad.”\u003c/p>\n\u003cp>Applicants often face a very difficult road to win asylum, especially if they lack legal counsel, and the share of denials significantly increased during the Trump administration. Judges nationwide denied nearly 55% of asylum claims in 2016, the last year of the Obama administration, but the rate of denials climbed to 72% in 2020, according to \u003ca href=\"https://trac.syr.edu/immigration/reports/630/\" target=\"_blank\" rel=\"noopener noreferrer\">figures\u003c/a> compiled by researchers at Syracuse University.\u003c/p>\n\u003cp>A Bay Area woman named Blanca, who won asylum in the U.S. and asked for her last name to be withheld, spoke at a press conference Tuesday, calling on the Biden administration to reverse the Matter of A-B- ruling and other asylum restrictions. She said she fled severe beatings and emotional abuse by the father of her three children in Guatemala after the local police and government failed to enforce a restraining order or help protect her and her kids.\u003c/p>\n\u003cp>Now, Blanca has become an advocate with the Bay Area nonprofit Mujeres Unidas y Activas, speaking up for other women and children who, she said, deserve similar protections.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>“Domestic violence is not a private matter, as Jeff Sessions said in 2018,” said Blanca, in Spanish. “The government has the responsibility to protect our lives even when the aggressor is our spouse ... To live free of violence is a right we all have as human beings, but we women have been suppressed by both abusers and the government.”\u003c/p>\n\n","blocks":[],"excerpt":"The Trump-era restrictions on asylum have led the U.S. to send back to danger thousands of immigrant women and families fleeing domestic violence or gang brutality, say law professors and advocates. ","status":"publish","parent":0,"modified":1619656406,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":17,"wordCount":811},"headData":{"title":"Immigrant Advocates Urge Biden Administration to End Trump Restrictions on Asylum for Domestic Violence Victims | KQED","description":"The Trump-era restrictions on asylum have led the U.S. to send back to danger thousands of immigrant women and families fleeing domestic violence or gang brutality, say law professors and advocates. ","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":"","schema":{"@context":"http://schema.org","@type":"NewsArticle","headline":"Immigrant Advocates Urge Biden Administration to End Trump Restrictions on Asylum for Domestic Violence Victims","datePublished":"2021-04-28T23:43:06.000Z","dateModified":"2021-04-29T00:33:26.000Z","image":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png","isAccessibleForFree":"Y","publisher":{"@type":"NewsMediaOrganization","@id":"https://www.kqed.org/#organization","name":"KQED","url":"https://www.kqed.org","logo":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png"}}},"disqusIdentifier":"11871547 https://ww2.kqed.org/news/?p=11871547","disqusUrl":"https://ww2.kqed.org/news/2021/04/28/immigrant-advocates-urge-biden-administration-to-end-trump-bar-on-asylum-for-domestic-violence-victims/","disqusTitle":"Immigrant Advocates Urge Biden Administration to End Trump Restrictions on Asylum for Domestic Violence Victims","audioUrl":"https://traffic.omny.fm/d/clips/0af137ef-751e-4b19-a055-aaef00d2d578/ffca7e9f-6831-4[…]f-aaef00f5a073/7eed7ccb-ecc5-447a-a455-ad180115df54/audio.mp3","path":"/news/11871547/immigrant-advocates-urge-biden-administration-to-end-trump-bar-on-asylum-for-domestic-violence-victims","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>Immigrant advocates and law professors in the Bay Area are urging the Biden administration to immediately revoke Trump-era restrictions on asylum that they say have led the U.S. to send back to danger thousands of immigrant women and families fleeing domestic violence or gang brutality.\u003c/p>\n\u003cp>Within weeks of taking office, President Biden \u003ca href=\"https://www.whitehouse.gov/briefing-room/presidential-actions/2021/02/02/executive-order-creating-a-comprehensive-regional-framework-to-address-the-causes-of-migration-to-manage-migration-throughout-north-and-central-america-and-to-provide-safe-and-orderly-processing/#:~:text=Briefing%20Room-,Executive%20Order%20on%20Creating%20a%20Comprehensive%20Regional%20Framework%20to%20Address,at%20the%20United%20States%20Border\" target=\"_blank\" rel=\"noopener noreferrer\">ordered\u003c/a> the U.S. attorney general and the Homeland Security secretary to take steps to review and restore an asylum system he said was “badly damaged” by policies under the Trump administration. But the agencies are not expected to issue regulations related to victims of domestic and gang violence until late summer or fall.\u003c/p>\n\u003cp>In the meantime, the U.S. attorney general, who oversees immigration courts, should vacate orders by his Trump-era predecessors that dramatically limited who was eligible for asylum protection, said Karen Musalo, director of the Center for Gender and Refugee Studies at UC Hastings in San Francisco. \u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"'The government has the responsibility to protect our lives even when the aggressor is our spouse ... To live free of violence is a right we all have as human beings, but we women have been suppressed by both abusers and the government.'","name":"pullquote","attributes":{"named":{"size":"medium","align":"right","citation":"Blanca, an advocate with Mujeres Unidas y Activas","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>“People’s fates are in the balance,” said Musalo, a law professor. “Every day that these decisions remain in place means that individuals who have deserving claims for protection and whose lives are really at risk are being denied and sent back to the countries they fled.”\u003c/p>\n\u003cp>In a \u003ca href=\"https://cgrs.uchastings.edu/sites/default/files/Request%20for%20Vacatur%20of%20AB%20ACAA%20LEA_2021.04.13.pdf\" target=\"_blank\" rel=\"noopener noreferrer\">letter\u003c/a> this month to Attorney General Merrick Garland, Musalo and attorneys with other litigation and advocacy organizations requested he use his authority to get rid of five Trump policies, including one by then-Attorney General Jeff Sessions that reversed a 2014 precedent establishing that women fleeing domestic violence could qualify for asylum.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>The Department of Justice did not return KQED’s requests for comment.\u003c/p>\n\u003cp>An immigration judge may grant asylum to people with a well-founded fear of persecution in their home countries because of their race, religion, nationality, political opinion or membership in a particular social group.\u003c/p>\n\u003cp>In 2018, Sessions rejected the claim of a Salvadoran mother of three who had suffered nearly 15 years of physical and sexual violence at the hands of her ex-husband. The woman, known in court documents as A.B., was represented by Musalo.\u003c/p>\n\u003cp>In his Matter of A-B- \u003ca href=\"https://www.justice.gov/eoir/page/file/1070866/download\" target=\"_blank\" rel=\"noopener noreferrer\">decision\u003c/a>, Sessions concluded that domestic violence is a private or personal crime, not a form of persecution deserving of asylum on account of membership in a particular group.\u003c/p>\n\u003cp>But there is overwhelming evidence that domestic violence is rooted in the subordination of women by men and caused by a society’s gender conditioning, said Nancy Lemon, a UC Berkeley law professor who wrote the textbook \"Domestic Violence Law.\" She called the Matter of A-B- ruling “an affront to women’s rights.” \u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"aside","attributes":{"named":{"tag":"domestic-abuse, asylum","label":"More Related Stories "},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>“Former Attorney General Sessions’ view of domestic violence is not only incredibly antiquated and dangerous, it also absolves government of any role in addressing the problem,” said Lemon during a call with reporters. “This sort of backwards rhetoric is very harmful and has set back many decades of progress in women's rights at home and abroad.”\u003c/p>\n\u003cp>Applicants often face a very difficult road to win asylum, especially if they lack legal counsel, and the share of denials significantly increased during the Trump administration. Judges nationwide denied nearly 55% of asylum claims in 2016, the last year of the Obama administration, but the rate of denials climbed to 72% in 2020, according to \u003ca href=\"https://trac.syr.edu/immigration/reports/630/\" target=\"_blank\" rel=\"noopener noreferrer\">figures\u003c/a> compiled by researchers at Syracuse University.\u003c/p>\n\u003cp>A Bay Area woman named Blanca, who won asylum in the U.S. and asked for her last name to be withheld, spoke at a press conference Tuesday, calling on the Biden administration to reverse the Matter of A-B- ruling and other asylum restrictions. She said she fled severe beatings and emotional abuse by the father of her three children in Guatemala after the local police and government failed to enforce a restraining order or help protect her and her kids.\u003c/p>\n\u003cp>Now, Blanca has become an advocate with the Bay Area nonprofit Mujeres Unidas y Activas, speaking up for other women and children who, she said, deserve similar protections.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>“Domestic violence is not a private matter, as Jeff Sessions said in 2018,” said Blanca, in Spanish. “The government has the responsibility to protect our lives even when the aggressor is our spouse ... To live free of violence is a right we all have as human beings, but we women have been suppressed by both abusers and the government.”\u003c/p>\n\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11871547/immigrant-advocates-urge-biden-administration-to-end-trump-bar-on-asylum-for-domestic-violence-victims","authors":["8659"],"categories":["news_1169","news_8"],"tags":["news_23087","news_29052","news_18283","news_17759","news_20202","news_25296","news_38","news_29333"],"featImg":"news_11871561","label":"news"},"news_11807639":{"type":"posts","id":"news_11807639","meta":{"index":"posts_1591205157","site":"news","id":"11807639","score":null,"sort":[1585058442000]},"guestAuthors":[],"slug":"how-to-shelter-in-place-if-you-live-with-domestic-abuse","title":"How to Shelter in Place if You Live With Domestic Abuse","publishDate":1585058442,"format":"image","headTitle":"KQED News","labelTerm":{},"content":"\u003cp>\u003cem>Updated Friday, April 10\u003c/em>\u003c/p>\n\u003cp>San Francisco Mayor London Breed and District Attorney Chesa Boudin announced on Thursday that they have secured 20 apartments that will serve as temporary housing for people experiencing domestic violence. The apartments should be available by the end of the week.\u003c/p>\n\u003cp>San Francisco also launched a \u003ca href=\"https://sfmayor.org/article/san-francisco-launches-text-9-1-1-service\">text service\u003c/a> that allows people to send a text to 9-1-1. According to the press release, officials designed the service to provide \"a life-saving option for people in situations, including domestic violence, where it is too dangerous to dial 9-1-1.\"\u003c/p>\n\u003cp>This comes as \u003ca href=\"https://sfmayor.org/article/mayor-breed-and-district-attorney-boudin-announce-temporary-housing-survivors-domestic\">reports of domestic violence\u003c/a> in the Bay Area — and across the world — appear to be on the rise since sheltering in place began.\u003c/p>\n\u003cp>Over the weekend, United Nations Secretary-General António Guterres \u003ca href=\"https://www.npr.org/sections/coronavirus-live-updates/2020/04/06/827908402/global-lockdowns-resulting-in-horrifying-surge-in-domestic-violence-u-n-warns\">called on governments\u003c/a> across the world to make addressing domestic violence a central component of their coronavirus response.\u003c/p>\n\u003cp>https://twitter.com/antonioguterres/status/1246973397759819776?s=20\u003c/p>\n\u003cp>For many survivors of domestic violence, sheltering in place can feel strangely familiar. Many survivors are targets of their abusers’ undivided attention — often controlling their every movement and isolating them from the outside world.\u003c/p>\n\u003cp>But Jill Zawisza, executive director of San Francisco-based nonprofit \u003ca href=\"http://www.womaninc.org\">WOMAN, Inc.\u003c/a> (Women Organized to Make Abuse Nonexistent), said that under normal circumstances, those experiencing abuse may have windows of time where they can leave the house and get a respite from their abuser.\u003c/p>\n\u003cp>\"In your typical day, a survivor might be in a situation where they're in this cycle of violence,\" Zawisza said. \"But they still need to go get their kids, maybe, or they still need to take their kid to school or they still need to go to work and run errands.\"\u003c/p>\n\u003cp>During those trips out of the house, survivors can call family members or service providers for support or shelter from the abuse.\u003c/p>\n\u003cp>But during a shelter-in-place order, those windows of time become much harder to come by.\u003c/p>\n\u003cp>\"It kind of exacerbates the isolation and the options for a survivor to be able to get out of the house,\" Zawisza explained. \"Certainly it's not impossible for a survivor to do that while there's a shelter-in-place order. It is just yet another obstacle in their way.\"\u003c/p>\n\u003cp>And while shelters are permitted to stay open under the shelter-in-place order, other services like crisis counseling and group therapy could be disrupted by the new rules.\u003c/p>\n\u003cp>Now, advocates are working to provide additional resources for people living in dangerous situations.\u003c/p>\n\u003ch3>Remote Services\u003c/h3>\n\u003cp>Since many organizations have suspended in-person services, several are using hotlines and other online tools to provide counseling. But providing remote support has its own challenges.\u003c/p>\n\u003cp>\"It's really difficult if you're dealing with a survivor who does live with the person using abuse ... to have those confidential conversations safely. But we're trying to beef up our presence and gather up a lot of resources for survivors that exist in the community now and share them out,\" Zawisza said.\u003c/p>\n\u003cp>WOMAN, Inc. is currently providing:\u003c/p>\n\u003cul>\n\u003cli>24/7 \u003ca href=\"http://www.womaninc.org/support/\">support line services.\u003c/a>\u003c/li>\n\u003cli>Remote counseling via Zoom, Google Hangouts and over the phone in both English and Spanish.\u003c/li>\n\u003cli>An online domestic violence support group.\u003c/li>\n\u003c/ul>\n\u003cp>Advocates are also looking into alternative shelter options for some.\u003c/p>\n\u003cp>\"Programs are looking at how to utilize hotel or motel stays for survivors so that they have safe shelter if it's not possible for them to come into the traditional shelter,\" said Krista Niemczyk, public policy manager with the \u003ca href=\"https://www.cpedv.org\">California Partnership to End Domestic Violence\u003c/a>.\u003c/p>\n\u003cp>For example, the 20 furnished apartment units that San Francisco has allows survivors and their families, including pets, to stay for up to 90 days at no cost. The homes, which are located in several buildings throughout the city, were secured through a partnership with the real estate company Veritas.\u003c/p>\n\u003cp>Organizations that support survivors of domestic violence will refer clients based on availability. San Francisco officials say they're working on securing more housing.\u003c/p>\n\u003cp>Meanwhile, Erin Scott, executive director of the \u003ca href=\"http://fvlc.org\">Family Violence Law Center\u003c/a> (FVLC), said that they're working to continue providing legal services and crisis intervention services during the order.\u003c/p>\n\u003cp>\"We are still answering our 24-hour crisis line, and we are continuing to provide legal services,\" Scott said. \"As we learn more about the impact of the shelter-in-place order on the courts, we're having to figure out day-by-day how to modify those services.\"\u003c/p>\n\u003cp>For example, Alameda County courts have set up two \u003ca href=\"http://www.alameda.courts.ca.gov/Pages.aspx/COVID-19\">drop boxes\u003c/a> for people to file for \u003ca href=\"http://www.courts.ca.gov/forms.htm\">temporary Domestic Violence Prevention Act restraining orders\u003c/a>. One box is located at the public entrance of the Rene C. Davidson Courthouse in Oakland and the other at the public entrance to the Hayward Hall of Justice.\u003c/p>\n\u003cp>An order from the California Judicial Council on April 6 also \u003ca href=\"https://newsroom.courts.ca.gov/news/judicial-council-adopts-new-rules-to-lower-jail-population-suspend-evictions-and-foreclosures\">extended the timeframe\u003c/a> for restraining orders. [ad fullwidth]\u003c/p>\n\u003ch3>Creating a Safety Plan\u003c/h3>\n\u003cp>Another way to keep yourself and your loved ones safe during this time is to stay in touch and create a plan.\u003c/p>\n\u003cp>\"We're really stressing the importance of staying in touch with your person, with your people, letting them know that you're OK,\" Zawisza said. \"We've talked to people about even using a code instead of texting, like, 'Help. I need you. Everything's crazy.' Just one word, like 'banana' means 'come get me.' \"\u003c/p>\n\u003cp>Along with checking in and setting up code words, Zawisza recommends that survivors have a bag packed with the essentials in case they decide to leave.\u003c/p>\n\u003cp>Some other tips to consider in the house:\u003c/p>\n\u003cul>\n\u003cli>Survivors should make sure they stay near the exit, if possible.\u003c/li>\n\u003cli>Be as aware as possible of where the abuser is in the home.\u003c/li>\n\u003cli>Try to stay away from rooms with weapons in them.\u003c/li>\n\u003c/ul>\n\u003cp>And she said, at the end of the day, survivors should trust their instincts.\u003c/p>\n\u003cp>\"If you feel like something is off. It probably is,\" Zawisza said.\u003c/p>\n\u003cp>On March 24, Sen. Kamala Harris and others \u003ca href=\"https://www.klobuchar.senate.gov/public/_cache/files/4/c/4ca424a2-9bcf-42f3-a24c-8214b9c29c09/D01AEB013FC0D4D949D4ADD67E1018A9.letter-to-acf-ovw-signed.pdf\">signed on to a letter\u003c/a> expressing concern for families who face an increased risk of domestic violence during the outbreak and asking the federal government to provide additional resources to service providers.\u003c/p>\n\u003ch3>More Resources\u003c/h3>\n\u003cp>Here's a few national and local providers and the resources they're offering during the shelter-in-place order.\u003c/p>\n\u003cul>\n\u003cli>\u003ca href=\"https://www.thehotline.org\">The National Domestic Violence Hotline\u003c/a>: You can call 1-800-799-7233 or 1-800-799-7233 for TTY, or if you’re unable to speak safely, go online or text LOVEIS to 22522.\u003c/li>\n\u003cli>\u003ca href=\"http://www.womaninc.org\">WOMAN, Inc.\u003c/a>: You can call 24 hours a day, 7 days a week at: (877) 384-3578. Also offering remote counseling and support services.\u003c/li>\n\u003cli>\u003ca href=\"https://www.lacasa.org\">La Casa de las Madres\u003c/a>: For support, resources and safety planning, you can call La Casa de las Madres’ 24/7 hotline at 877-503-1850. You can also contact them via text at 415-200-3575. They've also put together a list of ways to prepare \u003ca href=\"https://www.lacasa.org/news/2020/3/13/kvcjk07ezldv21barmnqim7k3tu768\">here\u003c/a>.\u003c/li>\n\u003cli>\u003ca href=\"http://www.standffov.org\">STAND! For Families Free of Violence, Contra Costa County\u003c/a>: STAND's toll-free crisis line remains active, 24 hours a day, at 1-888-215-5555.\u003c/li>\n\u003cli>\u003ca href=\"http://fvlc.org\">Family Violence Law Center\u003c/a>: You can call 1-800-947-8301 for crisis intervention and support, 24 hours a day. Also offering legal services.\u003c/li>\n\u003cli>\u003ca href=\"https://centerfordomesticpeace.org\">Center for Domestic Peace\u003c/a>: If you need assistance, you can call their bilingual hotline at 415-924-6616, 24/7. Shelter requests are handled via that number, as are appointments for legal advocacy services.\u003c/li>\n\u003cli>\u003ca href=\"https://www.roclinic.org\">Cooperative Restraining Order Clinic (CROC)\u003c/a>: CROC provides free legal services to domestic violence, sexual assault and stalking survivors. You can contact them at 415-969-6711.\u003c/li>\n\u003c/ul>\n\u003cp>[ad floatright]\u003c/p>\n","blocks":[],"excerpt":"For many survivors of domestic violence in California, sheltering in place can feel strangely familiar. Many survivors are targets of their abusers’ undivided attention — often controlling their every movement and isolating them from the outside world.","status":"publish","parent":0,"modified":1610570907,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":33,"wordCount":1281},"headData":{"title":"How to Shelter in Place if You Live With Domestic Abuse | KQED","description":"For many survivors of domestic violence in California, sheltering in place can feel strangely familiar. Many survivors are targets of their abusers’ undivided attention — often controlling their every movement and isolating them from the outside world.","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":"","schema":{"@context":"http://schema.org","@type":"NewsArticle","headline":"How to Shelter in Place if You Live With Domestic Abuse","datePublished":"2020-03-24T14:00:42.000Z","dateModified":"2021-01-13T20:48:27.000Z","image":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png","isAccessibleForFree":"Y","publisher":{"@type":"NewsMediaOrganization","@id":"https://www.kqed.org/#organization","name":"KQED","url":"https://www.kqed.org","logo":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png"}}},"disqusIdentifier":"11807639 https://ww2.kqed.org/news/?p=11807639","disqusUrl":"https://ww2.kqed.org/news/2020/03/24/how-to-shelter-in-place-if-you-live-with-domestic-abuse/","disqusTitle":"How to Shelter in Place if You Live With Domestic Abuse","source":"Coronavirus","sourceUrl":"https://www.kqed.org/coronavirus","path":"/news/11807639/how-to-shelter-in-place-if-you-live-with-domestic-abuse","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>\u003cem>Updated Friday, April 10\u003c/em>\u003c/p>\n\u003cp>San Francisco Mayor London Breed and District Attorney Chesa Boudin announced on Thursday that they have secured 20 apartments that will serve as temporary housing for people experiencing domestic violence. The apartments should be available by the end of the week.\u003c/p>\n\u003cp>San Francisco also launched a \u003ca href=\"https://sfmayor.org/article/san-francisco-launches-text-9-1-1-service\">text service\u003c/a> that allows people to send a text to 9-1-1. According to the press release, officials designed the service to provide \"a life-saving option for people in situations, including domestic violence, where it is too dangerous to dial 9-1-1.\"\u003c/p>\n\u003cp>This comes as \u003ca href=\"https://sfmayor.org/article/mayor-breed-and-district-attorney-boudin-announce-temporary-housing-survivors-domestic\">reports of domestic violence\u003c/a> in the Bay Area — and across the world — appear to be on the rise since sheltering in place began.\u003c/p>\n\u003cp>Over the weekend, United Nations Secretary-General António Guterres \u003ca href=\"https://www.npr.org/sections/coronavirus-live-updates/2020/04/06/827908402/global-lockdowns-resulting-in-horrifying-surge-in-domestic-violence-u-n-warns\">called on governments\u003c/a> across the world to make addressing domestic violence a central component of their coronavirus response.\u003c/p>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"singleTwitterStatus","attributes":{"named":{"id":"1246973397759819776"},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\n\u003cp>For many survivors of domestic violence, sheltering in place can feel strangely familiar. Many survivors are targets of their abusers’ undivided attention — often controlling their every movement and isolating them from the outside world.\u003c/p>\n\u003cp>But Jill Zawisza, executive director of San Francisco-based nonprofit \u003ca href=\"http://www.womaninc.org\">WOMAN, Inc.\u003c/a> (Women Organized to Make Abuse Nonexistent), said that under normal circumstances, those experiencing abuse may have windows of time where they can leave the house and get a respite from their abuser.\u003c/p>\n\u003cp>\"In your typical day, a survivor might be in a situation where they're in this cycle of violence,\" Zawisza said. \"But they still need to go get their kids, maybe, or they still need to take their kid to school or they still need to go to work and run errands.\"\u003c/p>\n\u003cp>During those trips out of the house, survivors can call family members or service providers for support or shelter from the abuse.\u003c/p>\n\u003cp>But during a shelter-in-place order, those windows of time become much harder to come by.\u003c/p>\n\u003cp>\"It kind of exacerbates the isolation and the options for a survivor to be able to get out of the house,\" Zawisza explained. \"Certainly it's not impossible for a survivor to do that while there's a shelter-in-place order. It is just yet another obstacle in their way.\"\u003c/p>\n\u003cp>And while shelters are permitted to stay open under the shelter-in-place order, other services like crisis counseling and group therapy could be disrupted by the new rules.\u003c/p>\n\u003cp>Now, advocates are working to provide additional resources for people living in dangerous situations.\u003c/p>\n\u003ch3>Remote Services\u003c/h3>\n\u003cp>Since many organizations have suspended in-person services, several are using hotlines and other online tools to provide counseling. But providing remote support has its own challenges.\u003c/p>\n\u003cp>\"It's really difficult if you're dealing with a survivor who does live with the person using abuse ... to have those confidential conversations safely. But we're trying to beef up our presence and gather up a lot of resources for survivors that exist in the community now and share them out,\" Zawisza said.\u003c/p>\n\u003cp>WOMAN, Inc. is currently providing:\u003c/p>\n\u003cul>\n\u003cli>24/7 \u003ca href=\"http://www.womaninc.org/support/\">support line services.\u003c/a>\u003c/li>\n\u003cli>Remote counseling via Zoom, Google Hangouts and over the phone in both English and Spanish.\u003c/li>\n\u003cli>An online domestic violence support group.\u003c/li>\n\u003c/ul>\n\u003cp>Advocates are also looking into alternative shelter options for some.\u003c/p>\n\u003cp>\"Programs are looking at how to utilize hotel or motel stays for survivors so that they have safe shelter if it's not possible for them to come into the traditional shelter,\" said Krista Niemczyk, public policy manager with the \u003ca href=\"https://www.cpedv.org\">California Partnership to End Domestic Violence\u003c/a>.\u003c/p>\n\u003cp>For example, the 20 furnished apartment units that San Francisco has allows survivors and their families, including pets, to stay for up to 90 days at no cost. The homes, which are located in several buildings throughout the city, were secured through a partnership with the real estate company Veritas.\u003c/p>\n\u003cp>Organizations that support survivors of domestic violence will refer clients based on availability. San Francisco officials say they're working on securing more housing.\u003c/p>\n\u003cp>Meanwhile, Erin Scott, executive director of the \u003ca href=\"http://fvlc.org\">Family Violence Law Center\u003c/a> (FVLC), said that they're working to continue providing legal services and crisis intervention services during the order.\u003c/p>\n\u003cp>\"We are still answering our 24-hour crisis line, and we are continuing to provide legal services,\" Scott said. \"As we learn more about the impact of the shelter-in-place order on the courts, we're having to figure out day-by-day how to modify those services.\"\u003c/p>\n\u003cp>For example, Alameda County courts have set up two \u003ca href=\"http://www.alameda.courts.ca.gov/Pages.aspx/COVID-19\">drop boxes\u003c/a> for people to file for \u003ca href=\"http://www.courts.ca.gov/forms.htm\">temporary Domestic Violence Prevention Act restraining orders\u003c/a>. One box is located at the public entrance of the Rene C. Davidson Courthouse in Oakland and the other at the public entrance to the Hayward Hall of Justice.\u003c/p>\n\u003cp>An order from the California Judicial Council on April 6 also \u003ca href=\"https://newsroom.courts.ca.gov/news/judicial-council-adopts-new-rules-to-lower-jail-population-suspend-evictions-and-foreclosures\">extended the timeframe\u003c/a> for restraining orders. \u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003ch3>Creating a Safety Plan\u003c/h3>\n\u003cp>Another way to keep yourself and your loved ones safe during this time is to stay in touch and create a plan.\u003c/p>\n\u003cp>\"We're really stressing the importance of staying in touch with your person, with your people, letting them know that you're OK,\" Zawisza said. \"We've talked to people about even using a code instead of texting, like, 'Help. I need you. Everything's crazy.' Just one word, like 'banana' means 'come get me.' \"\u003c/p>\n\u003cp>Along with checking in and setting up code words, Zawisza recommends that survivors have a bag packed with the essentials in case they decide to leave.\u003c/p>\n\u003cp>Some other tips to consider in the house:\u003c/p>\n\u003cul>\n\u003cli>Survivors should make sure they stay near the exit, if possible.\u003c/li>\n\u003cli>Be as aware as possible of where the abuser is in the home.\u003c/li>\n\u003cli>Try to stay away from rooms with weapons in them.\u003c/li>\n\u003c/ul>\n\u003cp>And she said, at the end of the day, survivors should trust their instincts.\u003c/p>\n\u003cp>\"If you feel like something is off. It probably is,\" Zawisza said.\u003c/p>\n\u003cp>On March 24, Sen. Kamala Harris and others \u003ca href=\"https://www.klobuchar.senate.gov/public/_cache/files/4/c/4ca424a2-9bcf-42f3-a24c-8214b9c29c09/D01AEB013FC0D4D949D4ADD67E1018A9.letter-to-acf-ovw-signed.pdf\">signed on to a letter\u003c/a> expressing concern for families who face an increased risk of domestic violence during the outbreak and asking the federal government to provide additional resources to service providers.\u003c/p>\n\u003ch3>More Resources\u003c/h3>\n\u003cp>Here's a few national and local providers and the resources they're offering during the shelter-in-place order.\u003c/p>\n\u003cul>\n\u003cli>\u003ca href=\"https://www.thehotline.org\">The National Domestic Violence Hotline\u003c/a>: You can call 1-800-799-7233 or 1-800-799-7233 for TTY, or if you’re unable to speak safely, go online or text LOVEIS to 22522.\u003c/li>\n\u003cli>\u003ca href=\"http://www.womaninc.org\">WOMAN, Inc.\u003c/a>: You can call 24 hours a day, 7 days a week at: (877) 384-3578. Also offering remote counseling and support services.\u003c/li>\n\u003cli>\u003ca href=\"https://www.lacasa.org\">La Casa de las Madres\u003c/a>: For support, resources and safety planning, you can call La Casa de las Madres’ 24/7 hotline at 877-503-1850. You can also contact them via text at 415-200-3575. They've also put together a list of ways to prepare \u003ca href=\"https://www.lacasa.org/news/2020/3/13/kvcjk07ezldv21barmnqim7k3tu768\">here\u003c/a>.\u003c/li>\n\u003cli>\u003ca href=\"http://www.standffov.org\">STAND! For Families Free of Violence, Contra Costa County\u003c/a>: STAND's toll-free crisis line remains active, 24 hours a day, at 1-888-215-5555.\u003c/li>\n\u003cli>\u003ca href=\"http://fvlc.org\">Family Violence Law Center\u003c/a>: You can call 1-800-947-8301 for crisis intervention and support, 24 hours a day. Also offering legal services.\u003c/li>\n\u003cli>\u003ca href=\"https://centerfordomesticpeace.org\">Center for Domestic Peace\u003c/a>: If you need assistance, you can call their bilingual hotline at 415-924-6616, 24/7. Shelter requests are handled via that number, as are appointments for legal advocacy services.\u003c/li>\n\u003cli>\u003ca href=\"https://www.roclinic.org\">Cooperative Restraining Order Clinic (CROC)\u003c/a>: CROC provides free legal services to domestic violence, sexual assault and stalking survivors. You can contact them at 415-969-6711.\u003c/li>\n\u003c/ul>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"floatright"},"numeric":["floatright"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11807639/how-to-shelter-in-place-if-you-live-with-domestic-abuse","authors":["11526","11680"],"categories":["news_457","news_8"],"tags":["news_3144","news_27350","news_29029","news_27504","news_17759","news_27808"],"featImg":"news_11808346","label":"source_news_11807639"},"news_11792227":{"type":"posts","id":"news_11792227","meta":{"index":"posts_1591205157","site":"news","id":"11792227","score":null,"sort":[1577719816000]},"guestAuthors":[],"slug":"from-gig-worker-protections-to-a-rent-increase-cap-californias-new-state-laws","title":"From Gig Worker Protections to a Rent Increase Cap: California's New State Laws","publishDate":1577719816,"format":"standard","headTitle":"The California Report | KQED News","labelTerm":{"term":72,"site":"news"},"content":"\u003cp>New year. New laws. Hundreds of them, ranging from a first-in-the-nation ban on the sale of new fur products, to measures aimed at easing the state's extreme housing crunch and protecting private information online.\u003c/p>\n\u003cp>Here are some highlights of the new laws taking effect in California in 2020:\u003c/p>\n\u003ch3>\u003cstrong>Housing\u003c/strong>\u003c/h3>\n\u003cp>[aside label=\"Stories about CA's new rent cap law\" tag=\"ab-1482\"]\u003c/p>\n\u003cp>\u003cstrong>Rent Increase Cap: \u003c/strong> AB 1482 will limit annual rent increases by 5% plus inflation and require that landlords provide a \"just cause\" when evicting tenants who have been renting for a year or more.\u003c/p>\n\u003cp>\u003cstrong>Housing Crisis Act of 2019: \u003c/strong>Aimed at promoting higher density, SB 330 will prohibit local governments from down-zoning by either placing a moratorium on development or lowering the number of housing units permitted. It will also speed up the permitting process for development. The provision sunsets after five years.\u003c/p>\n\u003cp>\u003cstrong>Streamlining In-Law Units: \u003c/strong>AB 68 will make it easier for property owners to build Accessory Dwelling Units, commonly known as in-law units or granny flats.\u003c/p>\n\u003ch3>\u003cstrong>Health\u003c/strong>\u003c/h3>\n\u003cp>\u003cstrong>Health Care for Undocumented Immigrants:\u003c/strong> SB 104 will allow some undocumented young adults to receive health insurance through the state's Medicaid program. The law is the first of its kind in the U.S.\u003c/p>\n\u003cp>\u003cstrong>Kaiser Transparency: \u003c/strong>SB 343 will require Kaiser Permanente to share more information on revenue and expenses at its facilities.\u003c/p>\n\u003ch3>Workplace\u003c/h3>\n\u003cp>[aside label=\"Stories about AB 5\" tag=\"independent-contractors\"]\u003c/p>\n\u003cp>\u003cstrong>Independent Worker Status: \u003c/strong>AB 5 aims to extend benefits and labor protections to workers in California’s “gig economy” by requiring companies to reclassify some workers as employees rather than independent contractors. Critics say the law could hurt workers outside of the gig economy, such as truck drivers and freelance reporters.\u003c/p>\n\u003cp>\u003cstrong>Hairstyle Discrimination:\u003c/strong> SB 188 bans racial discrimination in schools and workplaces for a person's natural hairstyle. It's the first law of its kind in the U.S.\u003c/p>\n\u003cp>\u003cstrong>Sexual Harassment Training: \u003c/strong>SB 1343, signed in 2018, requires that companies with at least five employees provide sexual harassment training to all employees.\u003c/p>\n\u003cp>\u003cstrong>Lactation Rooms:\u003c/strong> SB 142 expands protections for nursing mothers at work and requires employers to provide private lactation spaces that are not bathrooms.\u003c/p>\n\u003ch3>\u003cstrong>Policing\u003c/strong>\u003c/h3>\n\u003cp>[aside label=\"Related Stories\" tag=\"use-of-force\"]\u003c/p>\n\u003cp>\u003cstrong>Rape Kit Testing:\u003c/strong> SB 22 requires prompt testing of newly collected rape kits. Under the measure, new rape kits must be submitted for testing within 20 days and tested with 120 days.\u003c/p>\n\u003cp>\u003cstrong>Use of Force:\u003c/strong> SB 230 requires agencies to maintain a policy providing guidelines on the use of force. That policy must also include de-escalation techniques and other alternatives to force, in addition to specific guidelines for when deadly force can be used.\u003c/p>\n\u003cp>\u003cstrong>Facial Recognition:\u003c/strong> AB 1215 places a three-year ban on the use of facial recognition technology on body cameras by the state and local law enforcement agencies.\u003c/p>\n\u003ch3>Education\u003c/h3>\n\u003cp>\u003cstrong>Charter Schools:\u003c/strong> AB 1505 overhauls how the state authorizes charter schools. It will allow school districts to consider the impact to the community and the neighborhood schools when reviewing applications for new or expanded charter schools. It also requires charter school teachers to be credentialed.\u003c/p>\n\u003cp>\u003cstrong>Suspensions:\u003c/strong> SB 419 bans public and charter schools from suspending students in grades 4-8 for disruptive behavior. Existing law already prohibited suspending students in kindergarten and grades 1-3 for such behavior.\u003c/p>\n\u003ch3>Privacy\u003c/h3>\n\u003cp>[aside label=\"Related Stories\" tag=\"california-consumer-privacy-act\"]\u003c/p>\n\u003cp>\u003cstrong>Data Privacy Online: \u003c/strong>AB 325, known as the California Consumer Privacy Act, regulates data collection by companies like Facebook and Google. The measure aims to give Californians more control over their data by allowing them to see what personal information is being collected and prevent the sale of it.\u003c/p>\n\u003ch3>Wildfires\u003c/h3>\n\u003cp>\u003cstrong>Wildfire Warning Center: \u003c/strong>SB 209 establishes a wildfire warning center to better predict weather conditions and share information around the state.\u003c/p>\n\u003cp>\u003cstrong>Power Shutoffs: \u003c/strong>SB 167 requires that investor-owned utilities draft plans to lessen the negative effects of preemptive power outages aimed at preventing electric equipment from sparking fires.\u003c/p>\n\u003cp>\u003cstrong>Emergency Plans:\u003c/strong> SB 160 mandates that counties include “cultural competence” into emergency plans. It's partially a response to elderly and non-English-speaking residents who missed emergency alerts during the state's recent wildfires.\u003c/p>\n\u003ch3>Criminal Justice\u003c/h3>\n\u003cp>[aside label=\"Stories related to private prisons\" tag=\"private-prisons\"]\u003c/p>\n\u003cp>\u003cstrong>Child Sexual Abuse:\u003c/strong> AB 218 extends the statute of limitations for childhood sexual assault victims, allowing adults to report their abuse up until the age of 40.\u003c/p>\n\u003cp>\u003cstrong>Domestic Violence:\u003c/strong> SB 273 extends the statute of limitations for domestic violence to 5 years.\u003c/p>\n\u003cp>\u003cstrong>Private Prisons:\u003c/strong> AB 32 prohibits the state from entering into or renewing contracts with for-profit prison companies. The measure also phases out private facilities by 2028.\u003c/p>\n\u003ch3>Animal Welfare\u003c/h3>\n\u003cp>\u003cstrong>Fur Ban:\u003c/strong> AB 44 prohibits the sale and production of new fur products in California. The law is the first of its kind in the nation.\u003c/p>\n\u003cp>\u003cstrong>Circus Animals:\u003c/strong> SB 313 bans the use of wild animals in circus acts, including bears, elephants, tigers and monkeys.\u003c/p>\n\u003ch3>Environment\u003c/h3>\n\u003cp>\u003cstrong>Recycling Centers:\u003c/strong> AB 54 will bring temporary relief to cities feeling the bite from the sudden closure of recycling centers across the state. The measure provides $10 million for recycling centers and gives grocers a reprieve from paying some recycling fees.\u003c/p>\n\u003cp>\u003cstrong>Smoking in Parks: \u003c/strong>SB 8 prohibits smoking at state parks and beaches.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>\u003c/p>\n","blocks":[],"excerpt":"New laws range from a ban on the sale of new fur products to measures aimed at easing the housing crisis.","status":"publish","parent":0,"modified":1577719271,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":34,"wordCount":898},"headData":{"title":"From Gig Worker Protections to a Rent Increase Cap: California's New State Laws | KQED","description":"New laws range from a ban on the sale of new fur products to measures aimed at easing the housing crisis.","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":"","schema":{"@context":"http://schema.org","@type":"NewsArticle","headline":"From Gig Worker Protections to a Rent Increase Cap: California's New State Laws","datePublished":"2019-12-30T15:30:16.000Z","dateModified":"2019-12-30T15:21:11.000Z","image":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png","isAccessibleForFree":"Y","publisher":{"@type":"NewsMediaOrganization","@id":"https://www.kqed.org/#organization","name":"KQED","url":"https://www.kqed.org","logo":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png"}}},"disqusIdentifier":"11792227 https://ww2.kqed.org/news/?p=11792227","disqusUrl":"https://ww2.kqed.org/news/2019/12/30/from-gig-worker-protections-to-a-rent-increase-cap-californias-new-state-laws/","disqusTitle":"From Gig Worker Protections to a Rent Increase Cap: California's New State Laws","path":"/news/11792227/from-gig-worker-protections-to-a-rent-increase-cap-californias-new-state-laws","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>New year. New laws. Hundreds of them, ranging from a first-in-the-nation ban on the sale of new fur products, to measures aimed at easing the state's extreme housing crunch and protecting private information online.\u003c/p>\n\u003cp>Here are some highlights of the new laws taking effect in California in 2020:\u003c/p>\n\u003ch3>\u003cstrong>Housing\u003c/strong>\u003c/h3>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"aside","attributes":{"named":{"label":"Stories about CA's new rent cap law ","tag":"ab-1482"},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>\u003cstrong>Rent Increase Cap: \u003c/strong> AB 1482 will limit annual rent increases by 5% plus inflation and require that landlords provide a \"just cause\" when evicting tenants who have been renting for a year or more.\u003c/p>\n\u003cp>\u003cstrong>Housing Crisis Act of 2019: \u003c/strong>Aimed at promoting higher density, SB 330 will prohibit local governments from down-zoning by either placing a moratorium on development or lowering the number of housing units permitted. It will also speed up the permitting process for development. The provision sunsets after five years.\u003c/p>\n\u003cp>\u003cstrong>Streamlining In-Law Units: \u003c/strong>AB 68 will make it easier for property owners to build Accessory Dwelling Units, commonly known as in-law units or granny flats.\u003c/p>\n\u003ch3>\u003cstrong>Health\u003c/strong>\u003c/h3>\n\u003cp>\u003cstrong>Health Care for Undocumented Immigrants:\u003c/strong> SB 104 will allow some undocumented young adults to receive health insurance through the state's Medicaid program. The law is the first of its kind in the U.S.\u003c/p>\n\u003cp>\u003cstrong>Kaiser Transparency: \u003c/strong>SB 343 will require Kaiser Permanente to share more information on revenue and expenses at its facilities.\u003c/p>\n\u003ch3>Workplace\u003c/h3>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"aside","attributes":{"named":{"label":"Stories about AB 5 ","tag":"independent-contractors"},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>\u003cstrong>Independent Worker Status: \u003c/strong>AB 5 aims to extend benefits and labor protections to workers in California’s “gig economy” by requiring companies to reclassify some workers as employees rather than independent contractors. Critics say the law could hurt workers outside of the gig economy, such as truck drivers and freelance reporters.\u003c/p>\n\u003cp>\u003cstrong>Hairstyle Discrimination:\u003c/strong> SB 188 bans racial discrimination in schools and workplaces for a person's natural hairstyle. It's the first law of its kind in the U.S.\u003c/p>\n\u003cp>\u003cstrong>Sexual Harassment Training: \u003c/strong>SB 1343, signed in 2018, requires that companies with at least five employees provide sexual harassment training to all employees.\u003c/p>\n\u003cp>\u003cstrong>Lactation Rooms:\u003c/strong> SB 142 expands protections for nursing mothers at work and requires employers to provide private lactation spaces that are not bathrooms.\u003c/p>\n\u003ch3>\u003cstrong>Policing\u003c/strong>\u003c/h3>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"aside","attributes":{"named":{"label":"Related Stories ","tag":"use-of-force"},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>\u003cstrong>Rape Kit Testing:\u003c/strong> SB 22 requires prompt testing of newly collected rape kits. Under the measure, new rape kits must be submitted for testing within 20 days and tested with 120 days.\u003c/p>\n\u003cp>\u003cstrong>Use of Force:\u003c/strong> SB 230 requires agencies to maintain a policy providing guidelines on the use of force. That policy must also include de-escalation techniques and other alternatives to force, in addition to specific guidelines for when deadly force can be used.\u003c/p>\n\u003cp>\u003cstrong>Facial Recognition:\u003c/strong> AB 1215 places a three-year ban on the use of facial recognition technology on body cameras by the state and local law enforcement agencies.\u003c/p>\n\u003ch3>Education\u003c/h3>\n\u003cp>\u003cstrong>Charter Schools:\u003c/strong> AB 1505 overhauls how the state authorizes charter schools. It will allow school districts to consider the impact to the community and the neighborhood schools when reviewing applications for new or expanded charter schools. It also requires charter school teachers to be credentialed.\u003c/p>\n\u003cp>\u003cstrong>Suspensions:\u003c/strong> SB 419 bans public and charter schools from suspending students in grades 4-8 for disruptive behavior. Existing law already prohibited suspending students in kindergarten and grades 1-3 for such behavior.\u003c/p>\n\u003ch3>Privacy\u003c/h3>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"aside","attributes":{"named":{"label":"Related Stories ","tag":"california-consumer-privacy-act"},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>\u003cstrong>Data Privacy Online: \u003c/strong>AB 325, known as the California Consumer Privacy Act, regulates data collection by companies like Facebook and Google. The measure aims to give Californians more control over their data by allowing them to see what personal information is being collected and prevent the sale of it.\u003c/p>\n\u003ch3>Wildfires\u003c/h3>\n\u003cp>\u003cstrong>Wildfire Warning Center: \u003c/strong>SB 209 establishes a wildfire warning center to better predict weather conditions and share information around the state.\u003c/p>\n\u003cp>\u003cstrong>Power Shutoffs: \u003c/strong>SB 167 requires that investor-owned utilities draft plans to lessen the negative effects of preemptive power outages aimed at preventing electric equipment from sparking fires.\u003c/p>\n\u003cp>\u003cstrong>Emergency Plans:\u003c/strong> SB 160 mandates that counties include “cultural competence” into emergency plans. It's partially a response to elderly and non-English-speaking residents who missed emergency alerts during the state's recent wildfires.\u003c/p>\n\u003ch3>Criminal Justice\u003c/h3>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"aside","attributes":{"named":{"label":"Stories related to private prisons ","tag":"private-prisons"},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>\u003cstrong>Child Sexual Abuse:\u003c/strong> AB 218 extends the statute of limitations for childhood sexual assault victims, allowing adults to report their abuse up until the age of 40.\u003c/p>\n\u003cp>\u003cstrong>Domestic Violence:\u003c/strong> SB 273 extends the statute of limitations for domestic violence to 5 years.\u003c/p>\n\u003cp>\u003cstrong>Private Prisons:\u003c/strong> AB 32 prohibits the state from entering into or renewing contracts with for-profit prison companies. The measure also phases out private facilities by 2028.\u003c/p>\n\u003ch3>Animal Welfare\u003c/h3>\n\u003cp>\u003cstrong>Fur Ban:\u003c/strong> AB 44 prohibits the sale and production of new fur products in California. The law is the first of its kind in the nation.\u003c/p>\n\u003cp>\u003cstrong>Circus Animals:\u003c/strong> SB 313 bans the use of wild animals in circus acts, including bears, elephants, tigers and monkeys.\u003c/p>\n\u003ch3>Environment\u003c/h3>\n\u003cp>\u003cstrong>Recycling Centers:\u003c/strong> AB 54 will bring temporary relief to cities feeling the bite from the sudden closure of recycling centers across the state. The measure provides $10 million for recycling centers and gives grocers a reprieve from paying some recycling fees.\u003c/p>\n\u003cp>\u003cstrong>Smoking in Parks: \u003c/strong>SB 8 prohibits smoking at state parks and beaches.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>\u003c/p>\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11792227/from-gig-worker-protections-to-a-rent-increase-cap-californias-new-state-laws","authors":["11258"],"programs":["news_72"],"categories":["news_8","news_13"],"tags":["news_26656","news_26628","news_26525","news_26117","news_18538","news_22845","news_22307","news_2704","news_19655","news_17759","news_23800","news_19542","news_17994","news_26585","news_24862","news_17827","news_26802","news_2728","news_244","news_25418","news_4463"],"featImg":"news_11780130","label":"news_72"},"news_11749447":{"type":"posts","id":"news_11749447","meta":{"index":"posts_1591205157","site":"news","id":"11749447","score":null,"sort":[1558740610000]},"guestAuthors":[],"slug":"who-do-you-call-for-help-when-your-abuser-is-a-cop","title":"Who Do You Call for Help When Your Abuser Is a Cop?","publishDate":1558740610,"format":"audio","headTitle":"The California Report | KQED News","labelTerm":{"term":72,"site":"news"},"content":"\u003cp>\u003cem>\u003ca href=\"http://itunes.apple.com/us/podcast/the-california-report-magazine/id1314750545?mt=2\" target=\"_blank\" rel=\"noopener\">Listen to this and more in-depth storytelling by subscribing to The California Report Magazine podcast.\u003c/a>\u003c/em>\u003c/p>\n\u003cp>\u003cem>Reader advisory: Some accounts of sexual abuse in this story contain explicit details and strong language that some may find upsetting or objectionable.\u003c/em>\u003c/p>\n\u003cp>[dropcap]D[/dropcap]esiree Martinez ran down a residential street in the small Central Valley town of Sanger, trying to escape. A muscular man wearing gray sweatpants and no shirt chased after her: her boyfriend, Kyle Pennington.\u003c/p>\n\u003cp>“I was like crying and yelling and screaming,” she said during a recent interview. But she could hardly produce any sound. “I had been choked, so I couldn't even talk.”\u003c/p>\n\u003cp>The police, responding to a neighbor’s call, arrived around 5:20 a.m. It was June 4, 2013.\u003c/p>\n\u003cp>[aside label=\"Resources for Domestic Violence Survivors\" link1=\"https://www.thehotline.org/,National Domestic Violence Hotline\" link2=\"https://www.womenshealth.gov/relationships-and-safety/get-help/state-resources,Office of Women's Health Resources by State\" link3=\"http://www.cpedv.org/domestic-violence-organizations-california,California Partnership to End Domestic Violence\"]\u003c/p>\n\u003cp>“I just felt like such a relief,” Martinez said. “Like, oh my gosh, it's over. It's done.”\u003c/p>\n\u003cp>Martinez told Sanger police Officer Angela Yambupah that Pennington had placed a pillow over her face and tried to choke her with her own arm before she escaped the home through the garage. The officer told her that Pennington was going to be arrested, according to Martinez.\u003c/p>\n\u003cp>Then a senior officer, Sgt. Fred Sanders, intervened.\u003c/p>\n\u003cp>\"He says, ‘No we’re not,’ \" Martinez said. \" ‘They're good people, I know the Penningtons and we're not going to arrest them.’ \"\u003c/p>\n\u003cp>Sanders knew Pennington’s family because his father was a cop with the Sanger Police Department — and Pennington himself was a police officer in the neighboring city of Clovis. Pennington had also served in the military for more than a decade.\u003c/p>\n\u003cp>Sanger police did not arrest Pennington that morning. As a result, Martinez said, she was sent back into their house, where her boyfriend then beat, sexually degraded and raped her. Pennington denies these allegations.\u003c/p>\n\u003cp>\"I was like, I’m trapped,\" Martinez said. \"He [Pennington] said no one's going to believe me and no one's gonna help me and, you know, he's right.\"\u003c/p>\n\u003cfigure id=\"attachment_11749455\" class=\"wp-caption aligncenter\" style=\"max-width: 800px\">\u003cimg class=\"size-medium wp-image-11749455\" src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2019/05/RS36924_IMG_6191-qut-800x533.jpg\" alt=\"Desiree Martinez discusses domestic violence she endured in 2013 at the hands of former Clovis police Officer Kyle Pennington at her attorney's office in Fresno on May 1, 2019.\" width=\"800\" height=\"533\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2019/05/RS36924_IMG_6191-qut-800x533.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2019/05/RS36924_IMG_6191-qut-160x107.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2019/05/RS36924_IMG_6191-qut-1020x680.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2019/05/RS36924_IMG_6191-qut-1200x800.jpg 1200w, https://ww2.kqed.org/app/uploads/sites/10/2019/05/RS36924_IMG_6191-qut.jpg 1920w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">Desiree Martinez discusses domestic violence she endured in 2013 at the hands of former Clovis police Officer Kyle Pennington at her attorney's office in Fresno on May 1, 2019. \u003ccite>(Alex Emslie/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>The 9th U.S. Circuit Court of Appeals is currently considering whether responding police officers can be held accountable for repeated failures to arrest Pennington or otherwise help Martinez during any one of a string of domestic violence calls in 2013. A lower court dismissed much of Martinez’s lawsuit in 2017, but she appealed.\u003c/p>\n\u003cp>Appellate Judge Robert Lasnik laid out the issue on appeal at a hearing in January.\u003c/p>\n\u003cp>“The policing is horrible,” Lasnik said. “There is no question about that. But was it a clearly established constitutional violation or was it just really poor policing?”\u003c/p>\n\u003cp>The “poor policing” in Martinez’s case is not unique, according to some experts, who say it is part of a larger pattern of willful blindness, interference and even cover-ups that can occur when law enforcement is called to investigate one of its own for domestic violence. And when police fail to intervene in these cases, they place victims at an even greater risk.\u003c/p>\n\u003ch3>Against Protocol\u003c/h3>\n\u003cp>In Martinez’s lawsuit, she alleges that both Sanger and Clovis police officers repeatedly failed to comply with the requirements of the federal Violence Against Women Act and their own protocols.\u003c/p>\n\u003cp>[pullquote size=“large” align=”right” citation=\"Desiree Martinez\"]'I’m trapped ... He said no one's going to believe me and no one's gonna help me and, you know, he's right.'[/pullquote]\u003c/p>\n\u003cp>That 2013 incident wasn’t the first time police came to Martinez and Pennington’s residence. A month earlier, after a call from Martinez, two officers from Clovis showed up to check on her.\u003c/p>\n\u003cp>In a whisper, Martinez told Officer Kristina Hershberger the first time Pennington got physical with her was while they were on a trip to Dublin, in Alameda County, for his Army training. She described him trapping her in a hotel room where he choked her, took her phone and ripped the hotel phone out of the wall when she tried to call for help.\u003c/p>\n\u003cp>Martinez said Pennington stood just 15 feet away as she spoke to the officer. Hershberger got a recorder from the car and asked Martinez to tell her again what had happened in Dublin.\u003c/p>\n\u003cp>\"[Hershberger] said it in front of him,\" Martinez said. \"And then he looked over at me and I was all, ‘Nothing.' \"\u003c/p>\n\u003cp>The way the officers handled these incidents goes against basic police training, according to Tom Walsh, a retired police investigator who teaches domestic violence classes through the state Commission on Peace Officer Standards and Training.\u003c/p>\n\u003cp>“You don’t do that,” said Walsh. He was a cop in San Francisco for 35 years and he’s currently a reserve officer with the East Bay Regional Park District. “The victim's not going to tell you anything. That’s going to place the victim in more danger. You've got to separate them so they can't hear one another and see one another because the victim knows, you know, when he gives me that look the beating’s going to be coming later.”\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>Martinez said that as the officers went to leave, she overheard Hershberger say something to Pennington.\u003c/p>\n\u003cp>“The girl said, 'Kyle, what are you doing? You know you're already under investigation, like you need to watch yourself,’ \" Martinez said.\u003c/p>\n\u003cp>Internal affairs was already investigating complaints of physical abuse made by an ex-girlfriend, who told the department that Pennington kicked her, tried to throw her down the stairs and sodomized her, allegations that Pennington also denies.\u003c/p>\n\u003cfigure id=\"attachment_11749499\" class=\"wp-caption aligncenter\" style=\"max-width: 800px\">\u003cimg class=\"size-medium wp-image-11749499\" src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2019/05/nails-800x557.jpg\" alt=\"A photograph from an internal affairs investigation case file shows Desiree Martinez's hands on July 4, 2013, after a physical fight with her then-boyfriend and former Clovis police Officer Kyle Pennington.\" width=\"800\" height=\"557\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2019/05/nails-800x557.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2019/05/nails-160x111.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2019/05/nails-1020x710.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2019/05/nails-1200x835.jpg 1200w, https://ww2.kqed.org/app/uploads/sites/10/2019/05/nails.jpg 1920w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">A photograph from an internal affairs investigation case file shows Desiree Martinez's hands on June 4, 2013, after a physical fight with her then-boyfriend and former Clovis police Officer Kyle Pennington. \u003ccite>(Via Clovis Police Department)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Hershberger’s police report says that because Martinez seemed drunk and changed her story, there was no probable cause to arrest Pennington. The Clovis police chief maintains his officers did everything according to protocol during this incident.\u003c/p>\n\u003cp>But Walsh said these kinds of missteps happen all too often during officer-involved domestic violence investigations.\u003c/p>\n\u003cp>“I used to get really, really angry in the beginning,” he said. “Like why is this happening? Why would a cop not do a report at the scene? Or why would a cop not call out a detective in the middle of the night when one of these are going on?”\u003c/p>\n\u003cp>Because of the power and control dynamics at play in these kinds of cases, Walsh said, investigators can expect victims of domestic violence to recant in nearly all cases. When an officer is the suspect, it is even more difficult to gain the trust and cooperation of the abused individual.\u003c/p>\n\u003ch3>Control\u003c/h3>\n\u003cp>Domestic violence often follows a predictable pattern, according to attorney Kevin Little, who specializes in these cases and is representing Martinez in her lawsuit against the police.\u003c/p>\n\u003cp>[aside tag=\"police-records\" hero=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2019/03/Police-Art_1-1.gif\" heroLink=\"https://www.kqed.org/news/tag/police-records\" target=\"_blank\"]\u003c/p>\n\u003cp>“The first stage of the cycle is the perpetrator begins by exerting control over the victim and then removing the victim from her social network so that she doesn't have other resources to rely on,” Little said.\u003c/p>\n\u003cp>Martinez said she relied on Pennington for a place to live. He asked her for her paychecks from the vitamin store where she worked, Martinez said, and tracked her movements. He alienated her from her friends, she said, and even her daughter.\u003c/p>\n\u003cp>“He knew exactly what he was doing,” she said.\u003c/p>\n\u003cp>Martinez said when she tried to call anonymously to get information about making a domestic violence report, a Clovis officer called Pennington. When she called another officer in the department who she said she trusted because she’d dated him in the past, it got back to Pennington. Each time Pennington found out about her attempts to report him, she said he punished her.\u003c/p>\n\u003cp>“The potential for violence becomes its worst if the victim tries to report the perpetrator to law enforcement or tries to leave, and at that point that's when many women get severely injured, or some even lose their lives,” Little said.\u003c/p>\n\u003cp>Martinez said Pennington repeatedly told her no one would believe her because he was an officer. It seemed to Martinez like he was right.\u003c/p>\n\u003cp>Clovis Police Chief Matt Basgall said that his officers did follow protocol in each interaction with Martinez and Pennington. Sanger police did not respond to requests for comment.\u003c/p>\n\u003ch3>'Nothing’s Going to Change'\u003c/h3>\n\u003cp>Over the years, as Walsh noticed this pattern of bungled investigations begin to emerge, he realized there was must be a reason for it. He said officers have a lot of trouble seeing past the person they know from the station.\u003c/p>\n\u003cp>[pullquote size=“medium” align=”right” citation=\"Tom Walsh, retired police investigator\"]'I'm talking about chiefs and sheriffs ... or whatever rank you want to throw in there. Until they hold those people accountable, nothing's going to change.'[/pullquote]\u003c/p>\n\u003cp>“He's very professional,” Walsh said. “He makes really good arrests. He writes really good reports but this poor guy has a miserable home life, and they don't understand domestic violence enough to know that they're being manipulated by the batterer.”\u003c/p>\n\u003cp>Walsh realized the general domestic violence trainings he was teaching weren’t enough. Officers needed specific training in how to deal with both suspect cops, and with the interference from others in the department that could derail their investigation.\u003c/p>\n\u003cp>He has now been teaching investigators across the state for more than a decade.\u003c/p>\n\u003cp>But even the training, which isn’t mandatory, doesn’t go far enough, according to Walsh. He said lawmakers should make it a crime for anyone in the entire chain of command to interfere in an officer-involved domestic violence investigation.\u003c/p>\n\u003cp>“I'm talking about chiefs and sheriffs, deputy chiefs and commanders, or whatever rank you want to throw in there,” he said. “Until they hold those people accountable, nothing's going to change.”\u003c/p>\n\u003ch3>Trial\u003c/h3>\n\u003cp>Pennington was finally arrested and went to trial in late 2013. He maintains that Martinez lied in court, that he never hurt her, and that the only thing he’s guilty of is trying to make the best of a bad relationship. Pennington also pointed out that his ex-wife of 15 years testified that he was never violent with her.\u003c/p>\n\u003cfigure id=\"attachment_11749800\" class=\"wp-caption alignright\" style=\"max-width: 800px\">\u003cimg class=\"size-medium wp-image-11749800\" src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2019/05/Pennington-800x1068.jpg\" alt=\"A photo taken by police of Kyle Pennington on June 4, 2013 when they responded to reports of domestic violence.\" width=\"800\" height=\"1068\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2019/05/Pennington-800x1068.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2019/05/Pennington-160x214.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2019/05/Pennington-1020x1361.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2019/05/Pennington-899x1200.jpg 899w, https://ww2.kqed.org/app/uploads/sites/10/2019/05/Pennington-1920x2562.jpg 1920w, https://ww2.kqed.org/app/uploads/sites/10/2019/05/Pennington-1122x1496.jpg 1122w, https://ww2.kqed.org/app/uploads/sites/10/2019/05/Pennington-840x1120.jpg 840w, https://ww2.kqed.org/app/uploads/sites/10/2019/05/Pennington-687x916.jpg 687w, https://ww2.kqed.org/app/uploads/sites/10/2019/05/Pennington-414x552.jpg 414w, https://ww2.kqed.org/app/uploads/sites/10/2019/05/Pennington-354x472.jpg 354w, https://ww2.kqed.org/app/uploads/sites/10/2019/05/Pennington.jpg 1535w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">A photo taken by police of Kyle Pennington on June 4, 2013, when they responded to reports of domestic violence. \u003ccite>(Via Clovis Police Department)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>“There was absolutely no injury done to her that wasn’t done on her own recourse from being a sloppy drunk and falling down,” he said.\u003c/p>\n\u003cp>But secret recordings that Martinez made at the time belie some of what Pennington said. On these tapes, which Martinez said she made in order to get someone to believe her about the abuse, Pennington admits to head-butting Martinez and putting his hands on her, and can be heard refusing to take her to the doctor. The jury in the criminal trial never heard those tapes.\u003c/p>\n\u003cp>Prosecutors never charged Pennington with rape, despite allegations from Martinez and his other ex-girlfriend.\u003c/p>\n\u003cp>Pennington said he is a victim of overzealous investigators and prosecutors who were motivated by the “big prize” of catching another cop doing something wrong. As the criminal case progressed, the Clovis Police Department suspended Pennington, and he eventually resigned from his job before the internal investigation was complete, according to records of that investigation released under a new police transparency law.\u003c/p>\n\u003cp>A jury found Pennington guilty of violating a restraining order in April 2014, but couldn’t come to a unanimous verdict on other charges. Prosecutors charged Pennington again, and he pleaded no contest to misdemeanor domestic violence.\u003c/p>\n\u003cp>The judge sentenced him to 30 days in jail.\u003c/p>\n\u003ch3>'There Has To Be a Change'\u003c/h3>\n\u003cp>If the 9th Circuit rules in Martinez’s favor, her lawsuit could go to trial within about a year.\u003c/p>\n\u003cp>“We're hoping one day to see not just one officer but all of the officers who assisted Mr. Pennington in putting Ms. Martinez through this ordeal, we're hoping to see them in defendants' chairs in a courtroom in front of a jury,” attorney Little said.\u003c/p>\n\u003cp>Diana Field, the lawyer representing officers from Clovis and Sanger, didn’t respond to repeated requests for comment. She argued before the 9th Circuit in January that the officers can’t be held accountable because they didn’t break any clear rule.\u003c/p>\n\u003cp>\"Failure to perform a mandatory duty is not a constitutional right,\" she said.\u003c/p>\n\u003cp>[aside postID=news_11747908 label='More Police Records to Be Released']\u003c/p>\n\u003cp>\"If the officers showed up, and it was clear that they had a basis to arrest, there was probable cause. It looked like the victim had been beaten up, and they basically say, ‘You're good people because you're a police officer, we're not arresting you. You can keep doing this and leave.’ Is that not unconstitutional?” asked Judge Michelle Friedland.\u003c/p>\n\u003cp>\"No,\" Field said. \"The decision to arrest is a discretionary act in California.\"\u003c/p>\n\u003cp>\"Is there any reason why we shouldn't announce a rule now that says that if a police officer stops an arrest when there was probable cause and communicates, ‘You can keep doing the — you can keep going with the assault because we're not going to arrest you’ — that that shouldn't be unconstitutional?” Friedland asked.\u003c/p>\n\u003cp>Martinez said she is still pushing forward with her lawsuit because it could create an important legal precedent that would help other survivors of domestic violence.\u003c/p>\n\u003cp>“There has to be a change,” she said. “Women are dying all the time from domestic violence and it's easy to give up and be like, you know what, I'm tired of this. I'm tired of reliving everything every day.”\u003c/p>\n\u003cp>Martinez said she’s still scared to be seen around Clovis, but she gets strength from working with a group of domestic violence survivors to let them know that help is out there.\u003c/p>\n\u003cp>“I know how it felt when no one helped me and no one was there,” she said. “So I just don't want anybody else to ever feel like they don't have anyone there to help them.”\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n","blocks":[],"excerpt":"The 9th U.S. Circuit Court of Appeals considers whether Central Valley police officers violated a woman's rights by repeatedly deciding not to arrest one of their own.","status":"publish","parent":0,"modified":1559076841,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":69,"wordCount":2571},"headData":{"title":"Who Do You Call for Help When Your Abuser Is a Cop? | KQED","description":"The 9th U.S. Circuit Court of Appeals considers whether Central Valley police officers violated a woman's rights by repeatedly deciding not to arrest one of their own.","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":"","schema":{"@context":"http://schema.org","@type":"NewsArticle","headline":"Who Do You Call for Help When Your Abuser Is a Cop?","datePublished":"2019-05-24T23:30:10.000Z","dateModified":"2019-05-28T20:54:01.000Z","image":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png","isAccessibleForFree":"Y","publisher":{"@type":"NewsMediaOrganization","@id":"https://www.kqed.org/#organization","name":"KQED","url":"https://www.kqed.org","logo":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png"}}},"disqusIdentifier":"11749447 https://ww2.kqed.org/news/?p=11749447","disqusUrl":"https://ww2.kqed.org/news/2019/05/24/who-do-you-call-for-help-when-your-abuser-is-a-cop/","disqusTitle":"Who Do You Call for Help When Your Abuser Is a Cop?","audioUrl":"https://www.kqed.org/.stream/anon/radio/tcrmag/2019/05/LewisWhenCopIsAbuser.mp3","audioTrackLength":964,"path":"/news/11749447/who-do-you-call-for-help-when-your-abuser-is-a-cop","audioDuration":963000,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>\u003cem>\u003ca href=\"http://itunes.apple.com/us/podcast/the-california-report-magazine/id1314750545?mt=2\" target=\"_blank\" rel=\"noopener\">Listen to this and more in-depth storytelling by subscribing to The California Report Magazine podcast.\u003c/a>\u003c/em>\u003c/p>\n\u003cp>\u003cem>Reader advisory: Some accounts of sexual abuse in this story contain explicit details and strong language that some may find upsetting or objectionable.\u003c/em>\u003c/p>\n\u003cp>\u003c/p>\u003cp>\u003cspan class=\"utils-parseShortcode-shortcodes-__dropcapShortcode__dropcap\">D\u003c/span>\u003c/p>\u003cp>esiree Martinez ran down a residential street in the small Central Valley town of Sanger, trying to escape. A muscular man wearing gray sweatpants and no shirt chased after her: her boyfriend, Kyle Pennington.\u003c/p>\n\u003cp>“I was like crying and yelling and screaming,” she said during a recent interview. But she could hardly produce any sound. “I had been choked, so I couldn't even talk.”\u003c/p>\n\u003cp>The police, responding to a neighbor’s call, arrived around 5:20 a.m. It was June 4, 2013.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"aside","attributes":{"named":{"label":"Resources for Domestic Violence Survivors ","link1":"https://www.thehotline.org/,National Domestic Violence Hotline","link2":"https://www.womenshealth.gov/relationships-and-safety/get-help/state-resources,Office of Women's Health Resources by State","link3":"http://www.cpedv.org/domestic-violence-organizations-california,California Partnership to End Domestic Violence"},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>“I just felt like such a relief,” Martinez said. “Like, oh my gosh, it's over. It's done.”\u003c/p>\n\u003cp>Martinez told Sanger police Officer Angela Yambupah that Pennington had placed a pillow over her face and tried to choke her with her own arm before she escaped the home through the garage. The officer told her that Pennington was going to be arrested, according to Martinez.\u003c/p>\n\u003cp>Then a senior officer, Sgt. Fred Sanders, intervened.\u003c/p>\n\u003cp>\"He says, ‘No we’re not,’ \" Martinez said. \" ‘They're good people, I know the Penningtons and we're not going to arrest them.’ \"\u003c/p>\n\u003cp>Sanders knew Pennington’s family because his father was a cop with the Sanger Police Department — and Pennington himself was a police officer in the neighboring city of Clovis. Pennington had also served in the military for more than a decade.\u003c/p>\n\u003cp>Sanger police did not arrest Pennington that morning. As a result, Martinez said, she was sent back into their house, where her boyfriend then beat, sexually degraded and raped her. Pennington denies these allegations.\u003c/p>\n\u003cp>\"I was like, I’m trapped,\" Martinez said. \"He [Pennington] said no one's going to believe me and no one's gonna help me and, you know, he's right.\"\u003c/p>\n\u003cfigure id=\"attachment_11749455\" class=\"wp-caption aligncenter\" style=\"max-width: 800px\">\u003cimg class=\"size-medium wp-image-11749455\" src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2019/05/RS36924_IMG_6191-qut-800x533.jpg\" alt=\"Desiree Martinez discusses domestic violence she endured in 2013 at the hands of former Clovis police Officer Kyle Pennington at her attorney's office in Fresno on May 1, 2019.\" width=\"800\" height=\"533\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2019/05/RS36924_IMG_6191-qut-800x533.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2019/05/RS36924_IMG_6191-qut-160x107.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2019/05/RS36924_IMG_6191-qut-1020x680.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2019/05/RS36924_IMG_6191-qut-1200x800.jpg 1200w, https://ww2.kqed.org/app/uploads/sites/10/2019/05/RS36924_IMG_6191-qut.jpg 1920w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">Desiree Martinez discusses domestic violence she endured in 2013 at the hands of former Clovis police Officer Kyle Pennington at her attorney's office in Fresno on May 1, 2019. \u003ccite>(Alex Emslie/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>The 9th U.S. Circuit Court of Appeals is currently considering whether responding police officers can be held accountable for repeated failures to arrest Pennington or otherwise help Martinez during any one of a string of domestic violence calls in 2013. A lower court dismissed much of Martinez’s lawsuit in 2017, but she appealed.\u003c/p>\n\u003cp>Appellate Judge Robert Lasnik laid out the issue on appeal at a hearing in January.\u003c/p>\n\u003cp>“The policing is horrible,” Lasnik said. “There is no question about that. But was it a clearly established constitutional violation or was it just really poor policing?”\u003c/p>\n\u003cp>The “poor policing” in Martinez’s case is not unique, according to some experts, who say it is part of a larger pattern of willful blindness, interference and even cover-ups that can occur when law enforcement is called to investigate one of its own for domestic violence. And when police fail to intervene in these cases, they place victims at an even greater risk.\u003c/p>\n\u003ch3>Against Protocol\u003c/h3>\n\u003cp>In Martinez’s lawsuit, she alleges that both Sanger and Clovis police officers repeatedly failed to comply with the requirements of the federal Violence Against Women Act and their own protocols.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"'I’m trapped ... He said no one's going to believe me and no one's gonna help me and, you know, he's right.'","name":"pullquote","attributes":{"named":{"size":"“large”","align":"”right”","citation":"Desiree Martinez","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>That 2013 incident wasn’t the first time police came to Martinez and Pennington’s residence. A month earlier, after a call from Martinez, two officers from Clovis showed up to check on her.\u003c/p>\n\u003cp>In a whisper, Martinez told Officer Kristina Hershberger the first time Pennington got physical with her was while they were on a trip to Dublin, in Alameda County, for his Army training. She described him trapping her in a hotel room where he choked her, took her phone and ripped the hotel phone out of the wall when she tried to call for help.\u003c/p>\n\u003cp>Martinez said Pennington stood just 15 feet away as she spoke to the officer. Hershberger got a recorder from the car and asked Martinez to tell her again what had happened in Dublin.\u003c/p>\n\u003cp>\"[Hershberger] said it in front of him,\" Martinez said. \"And then he looked over at me and I was all, ‘Nothing.' \"\u003c/p>\n\u003cp>The way the officers handled these incidents goes against basic police training, according to Tom Walsh, a retired police investigator who teaches domestic violence classes through the state Commission on Peace Officer Standards and Training.\u003c/p>\n\u003cp>“You don’t do that,” said Walsh. He was a cop in San Francisco for 35 years and he’s currently a reserve officer with the East Bay Regional Park District. “The victim's not going to tell you anything. That’s going to place the victim in more danger. You've got to separate them so they can't hear one another and see one another because the victim knows, you know, when he gives me that look the beating’s going to be coming later.”\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Martinez said that as the officers went to leave, she overheard Hershberger say something to Pennington.\u003c/p>\n\u003cp>“The girl said, 'Kyle, what are you doing? You know you're already under investigation, like you need to watch yourself,’ \" Martinez said.\u003c/p>\n\u003cp>Internal affairs was already investigating complaints of physical abuse made by an ex-girlfriend, who told the department that Pennington kicked her, tried to throw her down the stairs and sodomized her, allegations that Pennington also denies.\u003c/p>\n\u003cfigure id=\"attachment_11749499\" class=\"wp-caption aligncenter\" style=\"max-width: 800px\">\u003cimg class=\"size-medium wp-image-11749499\" src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2019/05/nails-800x557.jpg\" alt=\"A photograph from an internal affairs investigation case file shows Desiree Martinez's hands on July 4, 2013, after a physical fight with her then-boyfriend and former Clovis police Officer Kyle Pennington.\" width=\"800\" height=\"557\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2019/05/nails-800x557.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2019/05/nails-160x111.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2019/05/nails-1020x710.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2019/05/nails-1200x835.jpg 1200w, https://ww2.kqed.org/app/uploads/sites/10/2019/05/nails.jpg 1920w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">A photograph from an internal affairs investigation case file shows Desiree Martinez's hands on June 4, 2013, after a physical fight with her then-boyfriend and former Clovis police Officer Kyle Pennington. \u003ccite>(Via Clovis Police Department)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Hershberger’s police report says that because Martinez seemed drunk and changed her story, there was no probable cause to arrest Pennington. The Clovis police chief maintains his officers did everything according to protocol during this incident.\u003c/p>\n\u003cp>But Walsh said these kinds of missteps happen all too often during officer-involved domestic violence investigations.\u003c/p>\n\u003cp>“I used to get really, really angry in the beginning,” he said. “Like why is this happening? Why would a cop not do a report at the scene? Or why would a cop not call out a detective in the middle of the night when one of these are going on?”\u003c/p>\n\u003cp>Because of the power and control dynamics at play in these kinds of cases, Walsh said, investigators can expect victims of domestic violence to recant in nearly all cases. When an officer is the suspect, it is even more difficult to gain the trust and cooperation of the abused individual.\u003c/p>\n\u003ch3>Control\u003c/h3>\n\u003cp>Domestic violence often follows a predictable pattern, according to attorney Kevin Little, who specializes in these cases and is representing Martinez in her lawsuit against the police.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"aside","attributes":{"named":{"tag":"police-records","hero":"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2019/03/Police-Art_1-1.gif","herolink":"https://www.kqed.org/news/tag/police-records","target":"_blank","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>“The first stage of the cycle is the perpetrator begins by exerting control over the victim and then removing the victim from her social network so that she doesn't have other resources to rely on,” Little said.\u003c/p>\n\u003cp>Martinez said she relied on Pennington for a place to live. He asked her for her paychecks from the vitamin store where she worked, Martinez said, and tracked her movements. He alienated her from her friends, she said, and even her daughter.\u003c/p>\n\u003cp>“He knew exactly what he was doing,” she said.\u003c/p>\n\u003cp>Martinez said when she tried to call anonymously to get information about making a domestic violence report, a Clovis officer called Pennington. When she called another officer in the department who she said she trusted because she’d dated him in the past, it got back to Pennington. Each time Pennington found out about her attempts to report him, she said he punished her.\u003c/p>\n\u003cp>“The potential for violence becomes its worst if the victim tries to report the perpetrator to law enforcement or tries to leave, and at that point that's when many women get severely injured, or some even lose their lives,” Little said.\u003c/p>\n\u003cp>Martinez said Pennington repeatedly told her no one would believe her because he was an officer. It seemed to Martinez like he was right.\u003c/p>\n\u003cp>Clovis Police Chief Matt Basgall said that his officers did follow protocol in each interaction with Martinez and Pennington. Sanger police did not respond to requests for comment.\u003c/p>\n\u003ch3>'Nothing’s Going to Change'\u003c/h3>\n\u003cp>Over the years, as Walsh noticed this pattern of bungled investigations begin to emerge, he realized there was must be a reason for it. He said officers have a lot of trouble seeing past the person they know from the station.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"'I'm talking about chiefs and sheriffs ... or whatever rank you want to throw in there. Until they hold those people accountable, nothing's going to change.'","name":"pullquote","attributes":{"named":{"size":"“medium”","align":"”right”","citation":"Tom Walsh, retired police investigator","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>“He's very professional,” Walsh said. “He makes really good arrests. He writes really good reports but this poor guy has a miserable home life, and they don't understand domestic violence enough to know that they're being manipulated by the batterer.”\u003c/p>\n\u003cp>Walsh realized the general domestic violence trainings he was teaching weren’t enough. Officers needed specific training in how to deal with both suspect cops, and with the interference from others in the department that could derail their investigation.\u003c/p>\n\u003cp>He has now been teaching investigators across the state for more than a decade.\u003c/p>\n\u003cp>But even the training, which isn’t mandatory, doesn’t go far enough, according to Walsh. He said lawmakers should make it a crime for anyone in the entire chain of command to interfere in an officer-involved domestic violence investigation.\u003c/p>\n\u003cp>“I'm talking about chiefs and sheriffs, deputy chiefs and commanders, or whatever rank you want to throw in there,” he said. “Until they hold those people accountable, nothing's going to change.”\u003c/p>\n\u003ch3>Trial\u003c/h3>\n\u003cp>Pennington was finally arrested and went to trial in late 2013. He maintains that Martinez lied in court, that he never hurt her, and that the only thing he’s guilty of is trying to make the best of a bad relationship. Pennington also pointed out that his ex-wife of 15 years testified that he was never violent with her.\u003c/p>\n\u003cfigure id=\"attachment_11749800\" class=\"wp-caption alignright\" style=\"max-width: 800px\">\u003cimg class=\"size-medium wp-image-11749800\" src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2019/05/Pennington-800x1068.jpg\" alt=\"A photo taken by police of Kyle Pennington on June 4, 2013 when they responded to reports of domestic violence.\" width=\"800\" height=\"1068\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2019/05/Pennington-800x1068.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2019/05/Pennington-160x214.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2019/05/Pennington-1020x1361.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2019/05/Pennington-899x1200.jpg 899w, https://ww2.kqed.org/app/uploads/sites/10/2019/05/Pennington-1920x2562.jpg 1920w, https://ww2.kqed.org/app/uploads/sites/10/2019/05/Pennington-1122x1496.jpg 1122w, https://ww2.kqed.org/app/uploads/sites/10/2019/05/Pennington-840x1120.jpg 840w, https://ww2.kqed.org/app/uploads/sites/10/2019/05/Pennington-687x916.jpg 687w, https://ww2.kqed.org/app/uploads/sites/10/2019/05/Pennington-414x552.jpg 414w, https://ww2.kqed.org/app/uploads/sites/10/2019/05/Pennington-354x472.jpg 354w, https://ww2.kqed.org/app/uploads/sites/10/2019/05/Pennington.jpg 1535w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">A photo taken by police of Kyle Pennington on June 4, 2013, when they responded to reports of domestic violence. \u003ccite>(Via Clovis Police Department)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>“There was absolutely no injury done to her that wasn’t done on her own recourse from being a sloppy drunk and falling down,” he said.\u003c/p>\n\u003cp>But secret recordings that Martinez made at the time belie some of what Pennington said. On these tapes, which Martinez said she made in order to get someone to believe her about the abuse, Pennington admits to head-butting Martinez and putting his hands on her, and can be heard refusing to take her to the doctor. The jury in the criminal trial never heard those tapes.\u003c/p>\n\u003cp>Prosecutors never charged Pennington with rape, despite allegations from Martinez and his other ex-girlfriend.\u003c/p>\n\u003cp>Pennington said he is a victim of overzealous investigators and prosecutors who were motivated by the “big prize” of catching another cop doing something wrong. As the criminal case progressed, the Clovis Police Department suspended Pennington, and he eventually resigned from his job before the internal investigation was complete, according to records of that investigation released under a new police transparency law.\u003c/p>\n\u003cp>A jury found Pennington guilty of violating a restraining order in April 2014, but couldn’t come to a unanimous verdict on other charges. Prosecutors charged Pennington again, and he pleaded no contest to misdemeanor domestic violence.\u003c/p>\n\u003cp>The judge sentenced him to 30 days in jail.\u003c/p>\n\u003ch3>'There Has To Be a Change'\u003c/h3>\n\u003cp>If the 9th Circuit rules in Martinez’s favor, her lawsuit could go to trial within about a year.\u003c/p>\n\u003cp>“We're hoping one day to see not just one officer but all of the officers who assisted Mr. Pennington in putting Ms. Martinez through this ordeal, we're hoping to see them in defendants' chairs in a courtroom in front of a jury,” attorney Little said.\u003c/p>\n\u003cp>Diana Field, the lawyer representing officers from Clovis and Sanger, didn’t respond to repeated requests for comment. She argued before the 9th Circuit in January that the officers can’t be held accountable because they didn’t break any clear rule.\u003c/p>\n\u003cp>\"Failure to perform a mandatory duty is not a constitutional right,\" she said.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"aside","attributes":{"named":{"postid":"news_11747908","label":"More Police Records to Be Released "},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>\"If the officers showed up, and it was clear that they had a basis to arrest, there was probable cause. It looked like the victim had been beaten up, and they basically say, ‘You're good people because you're a police officer, we're not arresting you. You can keep doing this and leave.’ Is that not unconstitutional?” asked Judge Michelle Friedland.\u003c/p>\n\u003cp>\"No,\" Field said. \"The decision to arrest is a discretionary act in California.\"\u003c/p>\n\u003cp>\"Is there any reason why we shouldn't announce a rule now that says that if a police officer stops an arrest when there was probable cause and communicates, ‘You can keep doing the — you can keep going with the assault because we're not going to arrest you’ — that that shouldn't be unconstitutional?” Friedland asked.\u003c/p>\n\u003cp>Martinez said she is still pushing forward with her lawsuit because it could create an important legal precedent that would help other survivors of domestic violence.\u003c/p>\n\u003cp>“There has to be a change,” she said. “Women are dying all the time from domestic violence and it's easy to give up and be like, you know what, I'm tired of this. I'm tired of reliving everything every day.”\u003c/p>\n\u003cp>Martinez said she’s still scared to be seen around Clovis, but she gets strength from working with a group of domestic violence survivors to let them know that help is out there.\u003c/p>\n\u003cp>“I know how it felt when no one helped me and no one was there,” she said. “So I just don't want anybody else to ever feel like they don't have anyone there to help them.”\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"floatright"},"numeric":["floatright"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11749447/who-do-you-call-for-help-when-your-abuser-is-a-cop","authors":["8676"],"programs":["news_72"],"categories":["news_457","news_6188","news_8","news_13"],"tags":["news_311","news_18999","news_18283","news_17759","news_19542","news_24767","news_24770","news_17041"],"featImg":"news_11749718","label":"news_72"},"news_11700385":{"type":"posts","id":"news_11700385","meta":{"index":"posts_1591205157","site":"news","id":"11700385","score":null,"sort":[1540256241000]},"guestAuthors":[],"slug":"san-francisco-expands-anti-domestic-violence-program-in-bayview","title":"San Francisco Expands Anti-Domestic Violence Program in Bayview","publishDate":1540256241,"format":"audio","headTitle":"KQED News","labelTerm":{"site":"news"},"content":"\u003cp>The city of San Francisco is expanding a domestic violence prevention program in the Bayview neighborhood, with a particular emphasis on reaching Asian and Pacific Islander communities, which are believed to under-report family violence.\u003c/p>\n\u003cp>Asian and Pacific Islander-Americans constitute over 30 percent of the Bayview's population, but they only represented 8 percent of domestic violence reports made to San Francisco police between June 2017 and June 2018, said Emily Murase, director of the \u003ca href=\"https://sfgov.org/dosw/\">San Francisco Department on the Status of Women\u003c/a>.\u003c/p>\n\u003cp>\"We know it's underreported,\" she said. \"Victim survivors are not availing themselves of the services at the rates they should be.\"\u003c/p>\n\u003cp>Reaching diverse communities is a very important aspect of combating domestic violence in San Francisco, according to Amor Santiago, executive director of \u003ca href=\"http://www.apafss.org/\">APA Family Support Services\u003c/a>, an Asian and Pacific Islander community organization that is one of the partners in the new initiative.\u003c/p>\n\u003cp>Santiago said it can be hard for people in immigrant communities to come forward about domestic violence, often because of language barriers. To address this issue, APA Family Support Services' workers speak Hmong, Cambodian, Thai and Chinese, among others.\u003c/p>\n\u003cfigure id=\"attachment_11700445\" class=\"wp-caption aligncenter\" style=\"max-width: 631px\">\u003cimg class=\"size-full wp-image-11700445\" src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2018/10/CAPTURE_1.png\" alt=\"Family violence calls to the San Francisco Emergency Management Department between July, 2015 and June, 2016 by police district. The Bayview has the second-highest percentage.\" width=\"631\" height=\"602\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2018/10/CAPTURE_1.png 631w, https://ww2.kqed.org/app/uploads/sites/10/2018/10/CAPTURE_1-160x153.png 160w, https://ww2.kqed.org/app/uploads/sites/10/2018/10/CAPTURE_1-240x229.png 240w, https://ww2.kqed.org/app/uploads/sites/10/2018/10/CAPTURE_1-375x358.png 375w, https://ww2.kqed.org/app/uploads/sites/10/2018/10/CAPTURE_1-520x496.png 520w, https://ww2.kqed.org/app/uploads/sites/10/2018/10/CAPTURE_1-32x32.png 32w\" sizes=\"(max-width: 631px) 100vw, 631px\">\u003cfigcaption class=\"wp-caption-text\">Family violence calls to the San Francisco Emergency Management Department between July, 2015 and June, 2016 by police district. The Bayview has the second-highest percentage. \u003ccite>(Family Violence in San Francisco, 2016 report from the San Francisco Department on the Status of Women)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>According to Santiago, cultural norms also prevent women from seeking services.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>\"There's this idea for a lot of people that this behavior stays within the family,\" he said.\u003c/p>\n\u003cp>However, Santiago said a lot of the Asian and Pacific Islander community — almost 40 percent — use other types of family services. So with this new funding, his organization can encourage women who are already receiving other services to come forward about domestic abuse in a culturally sensitive way.\u003c/p>\n\u003cp>\"When we reach out, we don't say, 'we see you as a victim,'\" he said. \"We say 'we support you,' and in that relationship of trust, speaking the language, coming from the culture, it makes it easier for someone to open up about something else happening in the family dynamic.\"\u003c/p>\n\u003cp>The $750,000 in funding for this new three-year program comes from the \u003ca href=\"https://www.justice.gov/ovw\">U.S. Office on Violence Against Women\u003c/a>, and is a funding extension of another initiative in the Bayview, piloted this past year, to screen domestic violence victims to assess their risk and help connect them to services.\u003c/p>\n\u003cfigure id=\"attachment_11700444\" class=\"wp-caption alignright\" style=\"max-width: 291px\">\u003cimg class=\"size-full wp-image-11700444\" src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2018/10/Capture_3.png\" alt=\"Thirty-eight percent of female homicides between July, 2015 and June, 2016 in California were the result of domestic violence.\" width=\"291\" height=\"273\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2018/10/Capture_3.png 291w, https://ww2.kqed.org/app/uploads/sites/10/2018/10/Capture_3-160x150.png 160w, https://ww2.kqed.org/app/uploads/sites/10/2018/10/Capture_3-240x225.png 240w\" sizes=\"(max-width: 291px) 100vw, 291px\">\u003cfigcaption class=\"wp-caption-text\">Thirty-eight percent of female homicides between July, 2015 and June, 2016 in California were the result of domestic violence. \u003ccite>(Family Violence in San Francisco, 2016 report from the San Francisco Department on the Status of Women)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>The Bayview Domestic Violence High Risk Program uses identified risk factors in domestic violence cases to determine whether or not a victim is at risk of being killed by their partner.\u003c/p>\n\u003cp>If the survey suggests a victim is at risk, police officers connect that person to local organizations, such as \u003ca href=\"https://www.lacasa.org/\">La Casa de las Madres\u003c/a>, which provides victims with counseling, advocacy, legal assistance and shelter.\u003c/p>\n\u003cp>After a year of piloting the program, San Francisco Police Captain Steve Ford said over 50 percent of victims screened as \"high risk\" and 84 percent accessed further services.\u003c/p>\n\u003cp>\"If they access those resources, it greatly diminishes the probability that they will become victims of serious injury or, more importantly, death,\" Ford said.\u003c/p>\n\u003cp>San Francisco community-based agencies served over 21,200 domestic violence victims between July 2015 and June 2016, as well as over 18,200 calls to community-based agencies domestic violence crisis lines, according to the latest \u003ca href=\"https://sfgov.org/dosw/sites/default/files/FY%202016%20Family%20Violence%20Council%20Report.pdf\">Family Violence in San Francisco Report\u003c/a>.\u003c/p>\n\u003cp>The report also found that people of color are disproportionately affected by domestic violence.\u003c/p>\n\u003cp>For example, despite comprising less than 6 percent of San Francisco's population, African-American victims account for over 12 percent of clients served by community agencies and 26 percent of the victims supported by the district attorney's Victim Services Division. Latinx victims account for 15 percent of San Francisco's population and 28 percent of the DA's Victim Services Division.\u003c/p>\n\u003cp>Proponents of the new Bayview initiative say it can be a blueprint for the rest of the city, particularly helping to reach diverse communities who are under-represented in the system.\u003c/p>\n\u003cfigure id=\"attachment_11700443\" class=\"wp-caption aligncenter\" style=\"max-width: 574px\">\u003cimg class=\"size-full wp-image-11700443\" src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2018/10/Capture_2.png\" alt=\"\" width=\"574\" height=\"325\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2018/10/Capture_2.png 574w, https://ww2.kqed.org/app/uploads/sites/10/2018/10/Capture_2-160x91.png 160w, https://ww2.kqed.org/app/uploads/sites/10/2018/10/Capture_2-240x136.png 240w, https://ww2.kqed.org/app/uploads/sites/10/2018/10/Capture_2-375x212.png 375w, https://ww2.kqed.org/app/uploads/sites/10/2018/10/Capture_2-520x294.png 520w\" sizes=\"(max-width: 574px) 100vw, 574px\">\u003cfigcaption class=\"wp-caption-text\">Black and Latinx communities are disproportionately affected by domestic violence in San Francisco \u003ccite>(Family Violence in San Francisco, 2016 report from the San Francisco Department on the Status of Women)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>\"What we need is to elevate the non-profit organizations that are embedded in the community,\" said Andrea Shorter of the \u003ca href=\"https://sfgov.org/dosw/san-francisco-commission-status-women\">Commission on the Status of Women\u003c/a>. \"They have the language, they have the cultural competency.\"\u003c/p>\n\u003cp>The federal funding for the new Bayview program is a direct consequence of the \u003ca href=\"https://www.politico.com/story/2013/02/violence-against-women-act-passes-088238\">Violence Against Women Act\u003c/a>, originally passed by congress in 1994 and set to lapse this coming December, pending re-authorization.\u003c/p>\n\u003cp>Shorter says the Bayview initiative is one of many examples of why this federal legislation is so important.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\"Domestic violence remains a hidden epidemic,\" said Shorter, who also said the federal funding has been crucial. \"Collaboration is what is needed to wrap our city arms around survivors and hold them safe.\"\u003c/p>\n\n","blocks":[],"excerpt":"Police in the Bayview district are working with community groups to boost a domestic violence prevention program focused on Asian and Pacific Islander communities, thanks to a $750,000 grant from the federal government.","status":"publish","parent":0,"modified":1540331240,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":24,"wordCount":875},"headData":{"title":"San Francisco Expands Anti-Domestic Violence Program in Bayview | KQED","description":"Police in the Bayview district are working with community groups to boost a domestic violence prevention program focused on Asian and Pacific Islander communities, thanks to a $750,000 grant from the federal government.","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":"","schema":{"@context":"http://schema.org","@type":"NewsArticle","headline":"San Francisco Expands Anti-Domestic Violence Program in Bayview","datePublished":"2018-10-23T00:57:21.000Z","dateModified":"2018-10-23T21:47:20.000Z","image":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png","isAccessibleForFree":"Y","publisher":{"@type":"NewsMediaOrganization","@id":"https://www.kqed.org/#organization","name":"KQED","url":"https://www.kqed.org","logo":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png"}}},"disqusIdentifier":"11700385 https://ww2.kqed.org/news/?p=11700385","disqusUrl":"https://ww2.kqed.org/news/2018/10/22/san-francisco-expands-anti-domestic-violence-program-in-bayview/","disqusTitle":"San Francisco Expands Anti-Domestic Violence Program in Bayview","audioUrl":"https://www.kqed.org/.stream/anon/radio/RDnews/2018/10/KusmerDomesticViolenceAPI.mp3","audioTrackLength":77,"path":"/news/11700385/san-francisco-expands-anti-domestic-violence-program-in-bayview","audioDuration":84000,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>The city of San Francisco is expanding a domestic violence prevention program in the Bayview neighborhood, with a particular emphasis on reaching Asian and Pacific Islander communities, which are believed to under-report family violence.\u003c/p>\n\u003cp>Asian and Pacific Islander-Americans constitute over 30 percent of the Bayview's population, but they only represented 8 percent of domestic violence reports made to San Francisco police between June 2017 and June 2018, said Emily Murase, director of the \u003ca href=\"https://sfgov.org/dosw/\">San Francisco Department on the Status of Women\u003c/a>.\u003c/p>\n\u003cp>\"We know it's underreported,\" she said. \"Victim survivors are not availing themselves of the services at the rates they should be.\"\u003c/p>\n\u003cp>Reaching diverse communities is a very important aspect of combating domestic violence in San Francisco, according to Amor Santiago, executive director of \u003ca href=\"http://www.apafss.org/\">APA Family Support Services\u003c/a>, an Asian and Pacific Islander community organization that is one of the partners in the new initiative.\u003c/p>\n\u003cp>Santiago said it can be hard for people in immigrant communities to come forward about domestic violence, often because of language barriers. To address this issue, APA Family Support Services' workers speak Hmong, Cambodian, Thai and Chinese, among others.\u003c/p>\n\u003cfigure id=\"attachment_11700445\" class=\"wp-caption aligncenter\" style=\"max-width: 631px\">\u003cimg class=\"size-full wp-image-11700445\" src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2018/10/CAPTURE_1.png\" alt=\"Family violence calls to the San Francisco Emergency Management Department between July, 2015 and June, 2016 by police district. The Bayview has the second-highest percentage.\" width=\"631\" height=\"602\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2018/10/CAPTURE_1.png 631w, https://ww2.kqed.org/app/uploads/sites/10/2018/10/CAPTURE_1-160x153.png 160w, https://ww2.kqed.org/app/uploads/sites/10/2018/10/CAPTURE_1-240x229.png 240w, https://ww2.kqed.org/app/uploads/sites/10/2018/10/CAPTURE_1-375x358.png 375w, https://ww2.kqed.org/app/uploads/sites/10/2018/10/CAPTURE_1-520x496.png 520w, https://ww2.kqed.org/app/uploads/sites/10/2018/10/CAPTURE_1-32x32.png 32w\" sizes=\"(max-width: 631px) 100vw, 631px\">\u003cfigcaption class=\"wp-caption-text\">Family violence calls to the San Francisco Emergency Management Department between July, 2015 and June, 2016 by police district. The Bayview has the second-highest percentage. \u003ccite>(Family Violence in San Francisco, 2016 report from the San Francisco Department on the Status of Women)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>According to Santiago, cultural norms also prevent women from seeking services.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>\"There's this idea for a lot of people that this behavior stays within the family,\" he said.\u003c/p>\n\u003cp>However, Santiago said a lot of the Asian and Pacific Islander community — almost 40 percent — use other types of family services. So with this new funding, his organization can encourage women who are already receiving other services to come forward about domestic abuse in a culturally sensitive way.\u003c/p>\n\u003cp>\"When we reach out, we don't say, 'we see you as a victim,'\" he said. \"We say 'we support you,' and in that relationship of trust, speaking the language, coming from the culture, it makes it easier for someone to open up about something else happening in the family dynamic.\"\u003c/p>\n\u003cp>The $750,000 in funding for this new three-year program comes from the \u003ca href=\"https://www.justice.gov/ovw\">U.S. Office on Violence Against Women\u003c/a>, and is a funding extension of another initiative in the Bayview, piloted this past year, to screen domestic violence victims to assess their risk and help connect them to services.\u003c/p>\n\u003cfigure id=\"attachment_11700444\" class=\"wp-caption alignright\" style=\"max-width: 291px\">\u003cimg class=\"size-full wp-image-11700444\" src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2018/10/Capture_3.png\" alt=\"Thirty-eight percent of female homicides between July, 2015 and June, 2016 in California were the result of domestic violence.\" width=\"291\" height=\"273\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2018/10/Capture_3.png 291w, https://ww2.kqed.org/app/uploads/sites/10/2018/10/Capture_3-160x150.png 160w, https://ww2.kqed.org/app/uploads/sites/10/2018/10/Capture_3-240x225.png 240w\" sizes=\"(max-width: 291px) 100vw, 291px\">\u003cfigcaption class=\"wp-caption-text\">Thirty-eight percent of female homicides between July, 2015 and June, 2016 in California were the result of domestic violence. \u003ccite>(Family Violence in San Francisco, 2016 report from the San Francisco Department on the Status of Women)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>The Bayview Domestic Violence High Risk Program uses identified risk factors in domestic violence cases to determine whether or not a victim is at risk of being killed by their partner.\u003c/p>\n\u003cp>If the survey suggests a victim is at risk, police officers connect that person to local organizations, such as \u003ca href=\"https://www.lacasa.org/\">La Casa de las Madres\u003c/a>, which provides victims with counseling, advocacy, legal assistance and shelter.\u003c/p>\n\u003cp>After a year of piloting the program, San Francisco Police Captain Steve Ford said over 50 percent of victims screened as \"high risk\" and 84 percent accessed further services.\u003c/p>\n\u003cp>\"If they access those resources, it greatly diminishes the probability that they will become victims of serious injury or, more importantly, death,\" Ford said.\u003c/p>\n\u003cp>San Francisco community-based agencies served over 21,200 domestic violence victims between July 2015 and June 2016, as well as over 18,200 calls to community-based agencies domestic violence crisis lines, according to the latest \u003ca href=\"https://sfgov.org/dosw/sites/default/files/FY%202016%20Family%20Violence%20Council%20Report.pdf\">Family Violence in San Francisco Report\u003c/a>.\u003c/p>\n\u003cp>The report also found that people of color are disproportionately affected by domestic violence.\u003c/p>\n\u003cp>For example, despite comprising less than 6 percent of San Francisco's population, African-American victims account for over 12 percent of clients served by community agencies and 26 percent of the victims supported by the district attorney's Victim Services Division. Latinx victims account for 15 percent of San Francisco's population and 28 percent of the DA's Victim Services Division.\u003c/p>\n\u003cp>Proponents of the new Bayview initiative say it can be a blueprint for the rest of the city, particularly helping to reach diverse communities who are under-represented in the system.\u003c/p>\n\u003cfigure id=\"attachment_11700443\" class=\"wp-caption aligncenter\" style=\"max-width: 574px\">\u003cimg class=\"size-full wp-image-11700443\" src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2018/10/Capture_2.png\" alt=\"\" width=\"574\" height=\"325\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2018/10/Capture_2.png 574w, https://ww2.kqed.org/app/uploads/sites/10/2018/10/Capture_2-160x91.png 160w, https://ww2.kqed.org/app/uploads/sites/10/2018/10/Capture_2-240x136.png 240w, https://ww2.kqed.org/app/uploads/sites/10/2018/10/Capture_2-375x212.png 375w, https://ww2.kqed.org/app/uploads/sites/10/2018/10/Capture_2-520x294.png 520w\" sizes=\"(max-width: 574px) 100vw, 574px\">\u003cfigcaption class=\"wp-caption-text\">Black and Latinx communities are disproportionately affected by domestic violence in San Francisco \u003ccite>(Family Violence in San Francisco, 2016 report from the San Francisco Department on the Status of Women)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>\"What we need is to elevate the non-profit organizations that are embedded in the community,\" said Andrea Shorter of the \u003ca href=\"https://sfgov.org/dosw/san-francisco-commission-status-women\">Commission on the Status of Women\u003c/a>. \"They have the language, they have the cultural competency.\"\u003c/p>\n\u003cp>The federal funding for the new Bayview program is a direct consequence of the \u003ca href=\"https://www.politico.com/story/2013/02/violence-against-women-act-passes-088238\">Violence Against Women Act\u003c/a>, originally passed by congress in 1994 and set to lapse this coming December, pending re-authorization.\u003c/p>\n\u003cp>Shorter says the Bayview initiative is one of many examples of why this federal legislation is so important.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\"Domestic violence remains a hidden epidemic,\" said Shorter, who also said the federal funding has been crucial. \"Collaboration is what is needed to wrap our city arms around survivors and hold them safe.\"\u003c/p>\n\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11700385/san-francisco-expands-anti-domestic-violence-program-in-bayview","authors":["11361"],"categories":["news_6188","news_8","news_13"],"tags":["news_20075","news_5706","news_1700","news_17759","news_24349","news_20331"],"featImg":"news_11700452","label":"news"}},"programsReducer":{"possible":{"id":"possible","title":"Possible","info":"Possible is hosted by entrepreneur Reid Hoffman and writer Aria Finger. Together in Possible, Hoffman and Finger lead enlightening discussions about building a brighter collective future. The show features interviews with visionary guests like Trevor Noah, Sam Altman and Janette Sadik-Khan. Possible paints an optimistic portrait of the world we can create through science, policy, business, art and our shared humanity. It asks: What if everything goes right for once? How can we get there? Each episode also includes a short fiction story generated by advanced AI GPT-4, serving as a thought-provoking springboard to speculate how humanity could leverage technology for good.","airtime":"SUN 2pm","imageSrc":"https://cdn.kqed.org/wp-content/uploads/2024/04/Possible-Podcast-Tile-360x360-1.jpg","officialWebsiteLink":"https://www.possible.fm/","meta":{"site":"news","source":"Possible"},"link":"/radio/program/possible","subscribe":{"apple":"https://podcasts.apple.com/us/podcast/possible/id1677184070","spotify":"https://open.spotify.com/show/730YpdUSNlMyPQwNnyjp4k"}},"1a":{"id":"1a","title":"1A","info":"1A is home to the national conversation. 1A brings on great guests and frames the best debate in ways that make you think, share and engage.","airtime":"MON-THU 11pm-12am","imageSrc":"https://ww2.kqed.org/radio/wp-content/uploads/sites/50/2018/04/1a.jpg","officialWebsiteLink":"https://the1a.org/","meta":{"site":"news","source":"npr"},"link":"/radio/program/1a","subscribe":{"npr":"https://rpb3r.app.goo.gl/RBrW","apple":"https://itunes.apple.com/WebObjects/MZStore.woa/wa/viewPodcast?s=143441&mt=2&id=1188724250&at=11l79Y&ct=nprdirectory","tuneIn":"https://tunein.com/radio/1A-p947376/","rss":"https://feeds.npr.org/510316/podcast.xml"}},"all-things-considered":{"id":"all-things-considered","title":"All Things Considered","info":"Every weekday, \u003cem>All Things Considered\u003c/em> hosts Robert Siegel, Audie Cornish, Ari Shapiro, and Kelly McEvers present the program's trademark mix of news, interviews, commentaries, reviews, and offbeat features. 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But is this once sleepy suburb ready for them?","imageSrc":"https://cdn.kqed.org/wp-content/uploads/2024/04/American-Suburb-Podcast-Tile-703x703-1.jpg","officialWebsiteLink":"/news/series/american-suburb-podcast","meta":{"site":"news","source":"kqed","order":"13"},"link":"/news/series/american-suburb-podcast/","subscribe":{"npr":"https://rpb3r.app.goo.gl/RBrW","apple":"https://itunes.apple.com/WebObjects/MZStore.woa/wa/viewPodcast?mt=2&id=1287748328","tuneIn":"https://tunein.com/radio/American-Suburb-p1086805/","rss":"https://ww2.kqed.org/news/series/american-suburb-podcast/feed/podcast","google":"https://podcasts.google.com/feed/aHR0cHM6Ly9mZWVkcy5tZWdhcGhvbmUuZm0vS1FJTkMzMDExODgxNjA5"}},"baycurious":{"id":"baycurious","title":"Bay Curious","tagline":"Exploring the Bay Area, one question at a time","info":"KQED’s new podcast, Bay Curious, gets to the bottom of the mysteries — both profound and peculiar — that give the Bay Area its unique identity. And we’ll do it with your help! 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And you join us on the journey to find the answers.","imageSrc":"https://cdn.kqed.org/wp-content/uploads/2024/04/Bay-Curious-Podcast-Tile-703x703-1.jpg","imageAlt":"\"KQED Bay Curious","officialWebsiteLink":"/news/series/baycurious","meta":{"site":"news","source":"kqed","order":"4"},"link":"/podcasts/baycurious","subscribe":{"apple":"https://podcasts.apple.com/us/podcast/bay-curious/id1172473406","npr":"https://www.npr.org/podcasts/500557090/bay-curious","rss":"https://ww2.kqed.org/news/category/bay-curious-podcast/feed/podcast","google":"https://podcasts.google.com/feed/aHR0cHM6Ly93dzIua3FlZC5vcmcvbmV3cy9jYXRlZ29yeS9iYXktY3VyaW91cy1wb2RjYXN0L2ZlZWQvcG9kY2FzdA","stitcher":"https://www.stitcher.com/podcast/kqed/bay-curious","spotify":"https://open.spotify.com/show/6O76IdmhixfijmhTZLIJ8k"}},"bbc-world-service":{"id":"bbc-world-service","title":"BBC World Service","info":"The day's top stories from BBC News compiled twice daily in the week, once at weekends.","airtime":"MON-FRI 9pm-10pm, TUE-FRI 1am-2am","imageSrc":"https://cdn.kqed.org/wp-content/uploads/2024/04/BBC-World-Service-Podcast-Tile-360x360-1.jpg","officialWebsiteLink":"https://www.bbc.co.uk/sounds/play/live:bbc_world_service","meta":{"site":"news","source":"BBC World Service"},"link":"/radio/program/bbc-world-service","subscribe":{"apple":"https://itunes.apple.com/us/podcast/global-news-podcast/id135067274?mt=2","tuneIn":"https://tunein.com/radio/BBC-World-Service-p455581/","rss":"https://podcasts.files.bbci.co.uk/p02nq0gn.rss"}},"code-switch-life-kit":{"id":"code-switch-life-kit","title":"Code Switch / Life Kit","info":"\u003cem>Code Switch\u003c/em>, which listeners will hear in the first part of the hour, has fearless and much-needed conversations about race. Hosted by journalists of color, the show tackles the subject of race head-on, exploring how it impacts every part of society — from politics and pop culture to history, sports and more.\u003cbr />\u003cbr />\u003cem>Life Kit\u003c/em>, which will be in the second part of the hour, guides you through spaces and feelings no one prepares you for — from finances to mental health, from workplace microaggressions to imposter syndrome, from relationships to parenting. The show features experts with real world experience and shares their knowledge. Because everyone needs a little help being human.\u003cbr />\u003cbr />\u003ca href=\"https://www.npr.org/podcasts/510312/codeswitch\">\u003cem>Code Switch\u003c/em> offical site and podcast\u003c/a>\u003cbr />\u003ca href=\"https://www.npr.org/lifekit\">\u003cem>Life Kit\u003c/em> offical site and podcast\u003c/a>\u003cbr />","airtime":"SUN 9pm-10pm","imageSrc":"https://cdn.kqed.org/wp-content/uploads/2024/04/Code-Switch-Life-Kit-Podcast-Tile-360x360-1.jpg","meta":{"site":"radio","source":"npr"},"link":"/radio/program/code-switch-life-kit","subscribe":{"apple":"https://podcasts.apple.com/podcast/1112190608?mt=2&at=11l79Y&ct=nprdirectory","google":"https://podcasts.google.com/feed/aHR0cHM6Ly93d3cubnByLm9yZy9yc3MvcG9kY2FzdC5waHA_aWQ9NTEwMzEy","spotify":"https://open.spotify.com/show/3bExJ9JQpkwNhoHvaIIuyV","rss":"https://feeds.npr.org/510312/podcast.xml"}},"commonwealth-club":{"id":"commonwealth-club","title":"Commonwealth Club of California Podcast","info":"The Commonwealth Club of California is the nation's oldest and largest public affairs forum. 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