8.8.10

Woman denied restraining order due to cultural beliefs (husband should be able to have sex with her whenever he wants)

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http://uppitywoman08.wordpress.com/2010/08/05/these-goat-fuckers-need-to-be-killed-not-enabled/

More details here: 

http://njfamilylaw.foxrothschild.com/articles/domestic-violence/

Cultural/Religious Beliefs No Defense to or Justification for Domestic Violence

New Jersey is certainly a melting pot if people of different races, religious and cultures.  What may be normal or acceptable in one religion or culture, may not fall within the acceptable laws or mores of our society.  On July 23, 2010, the Appellate Division decided the case of S.D. v. M.J.R. which was a reported (precedential) opinion addressing just this issue.

In this case, the parties were citizens of Morocco and practiced the Muslim faith.  They wed in Morocco in July 2008 in an arranged marriage when the wife was 17 and shortly thereafter, came to NJ for the husband's employment as an accountant.  Not long after, the wife sought a restraining order alleging harassment, assault, criminal restraint, sexual assault or criminal sexual.  The trial judge found that harassment and assault occur ed, i.e. acts of domestic violence occur ed, but that the wife did not need a restraining order for her protection.  Part of this was because he believed that there was a no contact order in connection with the corresponding criminal case and part because he thought that the parties would have little reason to see each other any more (a curious finding because the alleged sexual assault resulted in a pregnancy and there was going to be a custody litigation in Morocco.).

Despite stating that unwanted sexual relations occur ed, the trial judge did not find sexual assault or criminal sexual conduct to have been proven, stating:

This court does not feel that, under the circumstances, that this defendant had a criminal desire to or intent to sexually assault or to sexually contact the plaintiff when he did. The court believes that he was operating under his belief that it is, as the husband, his desire to have sex when and whether he wanted to, was something that was consistent with his practices and it was something that was not prohibited contact.

In other words, the judge found no criminal intent because religious custom clashed with the law. The Appellate Division reversed finding that the only necessary intent was to commit the sexual act, not the intent to commit a criminal act. Put another way, the fact that his religion may have permitted the conduct does not justify it legally. As such, the denial of the Final Restraining Order was reversed and an FRO was entered.

Tags: Domestic Violence, Hoboken Divorce Attorneys, Hudson County Divorce Attorneys, Jersey City Divorce Attorneys, Prevention of Domestic Violence Act, Weehawkin Divorce Attorneys, criminal sexual contact, religious belief, sexual assult

Joan Dawson, MPH

Writer, Educator & Advocate,

Specializing in health & human rights

Washington, DC

240-839-7329

joan_dawson@ymail.com

www.joandawson.com

http://mediamisses.wordpress.com

Release: Presiding Judge Requests Audit of Marin Family Court

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For Immediate Release:

Contact: Kathleen Russell Cell: 415-250-1180

Presiding Judge Requests Audit of Marin Family Court

AOC Audit About the Alleged Destruction of Marin County Mediation Files To Be Complete By Mid-August


SAN RAFAEL- History is repeating itself in Marin County. It was recently confirmed that the Superior Court of California in Marin is undergoing an investigation by the Internal Auditing Services of the California Administrative Office of the Courts (AOC). This new audit was requested by Marin Presiding Judge Terence Boren to explore the alleged improper destruction of family court records by mediators there, and a report detailing the internal audit’s findings is due within weeks.

It is believed that the new AOC investigation stems from the sworn testimony of Marin County Family Court Services mediator Meredith Braden. Braden testified in April 2010 that in the Fall of 2009, Marin Family Court Services mediators were told to destroy mediation custody records while a legislative audit of the Marin Family Court was underway. Braden testified that to the best of her knowledge, Marin Court Executive Officer Kim Turner gave the direction to destroy mediation custody files.  

“We want answers to the relevant questions: who gave the orders, who knew about the orders and who destroyed the records? Exactly which records were destroyed, when and why? Let’s make sure that the AOC obtains and reports truthful answers to these critical questions and then takes appropriate disciplinary action against those involved,” said Marin family law attorney Barbara Kauffman.

Kauffman obtained an official copy of the transcribed testimony and forwarded it to Chief Justice Ron George, members of the California Senate and Assembly Judiciary Committees, and the Marin County Board of Supervisors. She asked elected officials to take action and seek a formal investigation to determine if the destruction of records violated state law, including Family Code section 1819, and Government Code Section 6200. Kauffman noted that mediation custody records often contain important case information that is not a part of the official court file. For example, in one of Kauffman’s cases, a child had reported to a mediator that his father hit him, but the mediator had not included the child’s comment in her mediation report. The child’s report of being hit was discovered by a review of the mediator’s hand-written notes which are kept in the mediation custody files.

Kim Turner is no stranger to controversy, or to AOC internal audits. From 1999-2005, she was the assistant to former Marin Court Executive Officer John Montgomery, whom she described as her “friend” and “boss extraordinaire.” She became the Marin Court Executive Officer in 2005, after Mr. Montgomery was arrested on 10 felony counts of conflict of interest for funneling over $650,000 in court consulting contracts to his live-in girlfriend, acquiring property with that girlfriend and concealing the acquisitions, and taking out-of-state trips without proper court authorization. Turner knew about many of Mr. Montgomery’s questionable and/or illegal acts, and she reportedly signed off on some of them. She waited until January 2005, right before an impending financial audit of the Marin courts, to report Mr. Montgomery’s improper conduct to the Marin presiding judge. When questioned about her actions, Turner apparently claimed she was acting under either duress or intimidation.

Notwithstanding the AOC’s criticism of Turner in its "Internal Audit Services Report” (Special Investigation 2005-004) prepared by the Finance Division of the AOC, she was selected by the Marin bench to replace John Montgomery, reportedly over the objections of nearly half of the courthouse staff.

In June 2009, as the vote was imminent on whether California’s Joint Legislative Audit Committee would approve an investigation of the Marin County Family Court, Chief Justice Ron George appointed Kim Turner to the exclusive 27-member California Judicial Council. Court observers and critics were aghast that Turner, herself the subject of scrutiny for covering up court misconduct, was selected to sit on this council, which sets policy for the California Judicial Branch.

The Center for Judicial Excellence applauds this important inquiry into the destruction of essential court mediation records, but we have concerns about the investigators’ potential for bias, given that the audit is being conducted by the Administrative Office of the Courts, which staffs the Judicial Council, of which Kim Turner is a member. 

“This appears to be a case of the foxes guarding the henhouse” said Jean Taylor, Board President of the Center for Judicial Excellence, “but we will see. How can you defend the destruction of important and relevant custody records, while a state legislative audit that is focused on those records is going on?”

Relevant Background Information

Government Code 6200

6200. Every officer having the custody of any record, map, or book, or of any paper or proceeding of any court, filed or deposited in any public office, or placed in his or her hands for any purpose, is punishable by imprisonment in the state prison for two, three, or four years if, as to the whole or any part of the record, map, book, paper, or proceeding, the officer willfully does or permits any other person to do any of the following:

(a) Steal, remove, or secrete.

(b) Destroy, mutilate, or deface.

(c) Alter or falsify.

Family Code Section 1819

(a) Except as provided in subdivision (b), upon order of the judge of the family conciliation court, the supervising counselor of conciliation may destroy any record, paper, or document filed or kept in the office of the supervising counselor of conciliation which is more than two years old.

(b) Records described in subdivision (a) of child custody or visitation mediation may be destroyed when the minor or minors involved are 18 years of age.

Sworn April 2010 testimony of Marin Family Court Services mediator Meredith Braden (in a case involving a young child)

"Q. Okay. Well, generally do you have a file for each mediation case?

A. It’s a little complicated. We do keep files currently, but at one point the directive was that we were no longer keeping files. They were all destroyed.

Q. They were all destroyed?

A. Yes.

Q. Can you tell me who directed you to do that?

A. It was Kim Turner, to the best of my knowledge, yes.

Q. What do you mean by to the best of your knowledge?

A. I mean, we were told, through our supervisor at the time, that that was the policy from above him.

6.8.10

(Olathe, KS) Woman shot in head by Husband – Found Dead in her Driveway

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http://www.publicbroadcasting.net/kcur/news.newsmain/article/1/0/1685004/KCUR.News/Witness..to..Murder....at..3..Feet

Witness to Murder at 3 Feet

Dan Verbeck (2010-08-05)

OLATHE, KS (KCUR) - A woman was shot to death in an Olathe driveway this afternoon and an eyewitness describes it as a premeditated crime. Police later arrested the victim's estranged husband.

A contentious relationship ended with a gunshot in the 400 block of East Spruce. The woman who was killed had gone to her former partner's house to retrieve belongings.

The pair was described as arguing loudly. Eric Snyder describes being three feet away when the man reached into a truck parked in the drive.

Snyder seemed in shock telling the story--"That's when he grabbed the gun. Evidently it was in the back of the truck, I assume, and pulled it out. Pointed it. Pulled the trigger. It didn't go off. He cocked it then and pulled the trigger again. By this time she was running back to the truck "

Snyder said it was enough horror to last him a lifetime.

The bullet hit the woman in the head and she died in the driveway. Police arrested 39 year old Jerry R. Hayes a few hours later.

WordPress Tags: Olathe,Woman,Husband,Found,Dead,Driveway,news,article,KCUR,Murder,Verbeck,death,afternoon,crime,Police,victim,relationship,gunshot,East,Spruce,belongings,Eric,Snyder,truck,horror,lifetime,bullet,Jerry,Hayes,Feet

(Olathe, KS) Woman shot in head by Husband – Found Dead in her Driveway

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http://www.publicbroadcasting.net/kcur/news.newsmain/article/1/0/1685004/KCUR.News/Witness..to..Murder....at..3..Feet

Witness to Murder at 3 Feet

Dan Verbeck (2010-08-05)

OLATHE, KS (KCUR) - A woman was shot to death in an Olathe driveway this afternoon and an eyewitness describes it as a premeditated crime. Police later arrested the victim's estranged husband.

A contentious relationship ended with a gunshot in the 400 block of East Spruce. The woman who was killed had gone to her former partner's house to retrieve belongings.

The pair was described as arguing loudly. Eric Snyder describes being three feet away when the man reached into a truck parked in the drive.

Snyder seemed in shock telling the story--"That's when he grabbed the gun. Evidently it was in the back of the truck, I assume, and pulled it out. Pointed it. Pulled the trigger. It didn't go off. He cocked it then and pulled the trigger again. By this time she was running back to the truck "

Snyder said it was enough horror to last him a lifetime.

The bullet hit the woman in the head and she died in the driveway. Police arrested 39 year old Jerry R. Hayes a few hours later.

WordPress Tags: Olathe,Woman,Husband,Found,Dead,Driveway,news,article,KCUR,Murder,Verbeck,death,afternoon,crime,Police,victim,relationship,gunshot,East,Spruce,belongings,Eric,Snyder,truck,horror,lifetime,bullet,Jerry,Hayes,Feet

News Media on Janelle Burrill Protest California a Court whore her paydays on blood are near over

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News Report

Filed In: Activism, California, Child Custody, Child Custody Battle, Corrupt Custody Evaluators, Janelle Burrill, child custody for abusers

KFBK Rpt 08-05-10

Well I am giving this a whirl for the first time…audio on my site.  This was just sent to me, let's see how it goes.  Click on the  link above and your media player will play the downloaded file. News report from KFBK in Sacramento at the protest today.  Great job everyone!

See the post earlier today on police complaints and protest: Outraged Parents Take Action Against California's Janelle Burrill

5.8.10

Outraged Parents Take Action Against Janelle Burrill

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For Immediate Release: Contact: Kathleen Russell

August 4, 2010 Cell: 415-250-1180

Outraged Parents Take Action Against Janelle Burrill

Criminal Complaints Against Custody Evaluator to be Filed at 10AM Thursday, Followed By 11:30AM Picket at Her Office

-- PHOTO OPPORTUNITY --

SACRAMENTO- A number of local parents who have lost custody of their children during local divorce proceedings are seeking an official criminal investigation of the professional that they claim is responsible. Multiple parents will file criminal complaints against custody evaluator Janelle Burrillthis Thursday August 5th at 10am at the Sacramento Police Department (5770 Freeport Blvd) followed by an 11:30am picket at Burrill’s 915 University Ave office.

The California State Auditor is currently investigating the Sacramento Famil y Court’s use of court appointees such as Burrill in divorce proceedings. As we understand it, Janelle Burrill is also currently under investigation by the California Board of Behavioral Sciences because of multiple, longstanding complaints against her. We have also seen written confirmation that her board certification was revoked by the American Board of Examiners in Clinical Social Work this past Spring for failing to report an existing complaint against her.

Parents allege that Burrill has engaged in serious misconduct during the course of her investigations, which in one case reportedly led to the handcuffing, hospitalization and drugging of a gifted 14-year-old boy because he allegedly refused to visit with his mother.

Parents have also raised questions about the veracity of Ms. Burrill’s pr imary psychological and legal credentials, given the unaccredited status of some of the educational institutions she reportedly graduated from, and her non-listing with the California State Bar Association. She is reportedly also unlicensed by the California Board of Psychology.

"If these claims are true, then the children of Sacramento deserve a proper investigation. Appointees like Burrill make life-altering recommendations to the courts, which are often routinely accepted by the courts. The welfare of children and the rights of parents to parent their children are often literally in the hands of appointees like Burrill. We are aware of reported negative allegations about Burrill that date back years. These parents deserve to have a formal investigation of their claims, to determine whether state laws have been broken and codes of professional ethics violated," said Kathleen Russell, the Executi ve Director of the Center for Judicial Excellence.

"If laws have been broken, then appropriate action must be taken," Russell said.

A growing frustration with family court appointees who violate state laws and codes of professional conduct around the country has led to recent arrests and lawsuits against court appointees, which is a relatively new occurrence for a once untouchable and politically powerful industry.

See links below for related stories on this subject:

Therapist's arrest may mean a review of cases

http://www.timesunion.com/news/article/Therapist-s-arrest-may-mean-a-review-of-cases-556589.php

Custody Evaluator’s Credentials Questioned In Lawsuit

Dr. Stephen Doyne Has Been Involved In 3,000 To 4,000 San Diego Custody Cases http://www.10news.com/news/19985926/detail.html

http://10newsblogs.com/iteam/?p=657

Teen sues county for placing her in custody of sex offender grandfatherhttp://www.whas11.com/news/Teen-sues-county-for-placing-her-in-custody-of-sex-offender-grandfather-90358309.html

Questions surround methods, credentials of drug screener

Family Court relies on Robert Bennett's findings to decide crucial issues of custody and divorcehttp://www.truthinjustice.org/drug-screener.htm

Mothers Interrupted These women entered mediation in family court thinking they would retain primary custody of their children. Mediator Janelle Burrill thought otherwise.http://www.newsreview.com/sacramento/content?oid=11355

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WordPress Tags: Parents,Take,Action,Against,Janelle,Burrill,Immediate,Release,Contact,Russell,August,Cell,Criminal,Custody,Evaluator,Picket,Office,PHOTO,SACRAMENTO,children,proceedings,investigation,Multiple,Burrillthis,Police,Department,Freeport,Blvd,California,State,Auditor,Famil,Court,Board,Behavioral,Sciences,confirmation,certification,American,Examiners,Clinical,Social,Work,complaint,misconduct,credentials,status,Association,Psychology,Appointees,life,courts,welfare,rights,parent,ethics,Executi,Director,Center,Judicial,Excellence,frustration,occurrence,industry,links,subject,Therapist,cases,news,article,Lawsuit,Stephen,Doyne,Diego,offender,drug,Robert,Bennett,findings,mediation,Mediator,Complaints,investigations,institutions,recommendations,allegations,codes,lawsuits,methods,html,grandfather,screener

ERIC HOLDER --DADDY DEAREST—asks why mommy’s loose custody to batterers ?--ITS CUZ of Fatherhood initiatives and HE is a BIG PART of it—WTF?? MOMMY GO BYE BYE

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"IF SO, WHAT DOES THAT RELATIONSHIP LOOK LIKE?" -ERIC HOLDER*

FATHERHOOD INITATIVES THATS WHAT IT LOOKS LIKE—gee thanks Eric MOMMY GO BYE BYE


*Former judge on the Superior Court of the District of Columbia (Photograph clickable)

Commentary "A" by the APA Public Interest Directorate in a 1998 Report of the American Psychological Association Presidential Task Force On Violence And The Family on ISSUES AND DILEMMAS IN FAMILY VIOLENCE beginning WHEN PARENTS SEPARATE AFTER AN ABUSIVE RELATIONSHIP, SHOULDN'T FATHERS HAVE AS MUCH RIGHT AS MOTHERS TO BE GRANTED PHYSICAL CUSTODY OF AND VISITATION RIGHTS WITH THEIR CHILDREN? and Commentary "B" by the American Judges Association in a 2002 Court Review Special Issue on DOMESTIC VIOLENCE beginning THE PARENTING OF MEN WHO BATTER


Photograph clickable

. . .

Ok sooooooo we have him asking all the right things  THEY KNOW---- THE GUBERMENT KNOWS THAT BATTERED MOTHERS LOOSE CUSTODY TO ABUSERS!!!!!

BUT THEN THEY TURN AROUND AND HURT BATTERED MOMS MORE WITH THE FATHERHOOD INIATIVES MOST RECENTLY THE JUNE 2010  FATHERHOOD MENTOR PROGRAM—see below

HOLDER IS IN CHARGE OF THE WORST OF THE DADDY’S—THE PRISON DADDY’S –BUT HE IS GOING TO FORCE THESE BAD DADS BACK INTO BATTERED MOMMYS LIVES ALL FOR THE SAKE OF FATHERHOOD EXHALTATION.. WTF???

FATHERS DAY FEDERAL FUNDING SPEECH 2010

[youtube=http://www.youtube.com/watch?v=eRJBkoq1DXs&hl=en_US&fs=1]

 

Obama steps up fatherhood advocacy with new mentoring initiative 

BAD DAD ON BAD DAD TEACHING BAD DAD ---UH HUH YOU HEARD THAT RIGHT-MENtor program --500 MILLION OF OUT OUR TAX DOLLARS FOR THIS

The First Family

In what is becoming a Father's Day ritual for the Obama administration, the president on Monday will bring together children, famous dads and nonprofit groups that promote fatherhood to highlight the importance of fathers.

The center of President Obama's day-long celebration will be a speech at the ARC, an arts and recreation campus in Southeast Washington, where he is set to announce the creation of the President's Fatherhood and Mentoring Initiative. It will build on a theme that has been central to his family policy and a core part of the White House's Office of Faith-based and Neighborhood Partnerships.

The new initiative, which is enlisting a network of organizations, will expand on a six-city listening tour the administration held last year to bring attention to the issue of fatherlessness. "The tour was a national conversation on responsible fatherhood that was rooted in the president's personal experiences growing up and his realization that father absence is a real challenge facing many communities," said Joshua DuBois, director of the partnerships office.

Last year, more than 24 million children did not live with their biological fathers, census figures show. Among low-income children, the figure is two out of three.

Obama will also ask Congress to move on his $500 million budget request for a Fatherhood, Marriage and Families Innovation Fund, which would give grants to nonprofits that support fathers and families, including job training programs and economic incentives for dads. The tightened focus on fathers and parental responsibility marks a steady shift from the George W. Bush administration's concentration on traditional marriage, said Chuck Donovan, a senior research fellow at the conservative Heritage Foundation and a former executive vice president at the Family Research Council.

"The economic support for fathers, while important, is not something new for government," he said. "The marriage-building efforts were new and I think they are [being] undernourished."

Obama's special interest in fatherhood has been a boon for groups that support fathers and have been working for years without much attention. "His leadership and using the bully pulpit has been important," said Roland Warren, president of the National Fatherhood Initiative, which was founded in 1994 and recently contracted with the federal government to produce public service announcements promoting fatherhood.

The administration will also begin issuing an e-newsletter from the Fatherhood.gov Web site, emphasizing the role of fathers in families and offering parenting tips. Outside groups enlisted by the White House will also promote the issue. The NFL Players Association has agreed to hold community forums on responsible fatherhood, and the National Parent Teachers Association, the Council for Christian Colleges and Universities and other groups will hold events.

On Sunday, meanwhile, Obama made what appears to be the first presidential Father's Day statement that mentions "two fathers."

"Nurturing families come in many forms, and children may be raised by a father and mother, a single father, two fathers, a stepfather, a grandfather, or caring guardian," he said.

Staff writer Alec MacGillis contributed to this report.

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