Necessary Protection: Victims of Domestic Violence and the Family Courts
Even though Tagle filed three motions for orders of protection against Garcia, the motions were not granted, even when Garcia threatened to kill Tagle and Wyatt.

July 09, 2010 /24-7PressRelease/ -- San Bernadino County California Superior Judge Robert Lemkau chose to believe that Katie Tagle was lying when, during a custody battle involving her infant son Wyatt, she accused her ex-boyfriend Stephen Garcia of violent and abusive behavior. Judge Lemkau sided with Garcia, despite the e-mails, text messages and voice messages that Tagle presented as evidence. Even though Tagle filed three motions for orders of protection against Garcia, the motions were not granted, even when Garcia threatened to kill Tagle and Wyatt. Judge Lemkau turned custody of infant Wyatt over to Garcia, who then shot and killed his son before turning the gun on himself.

Over the years, family courts have paid increasingly close attention to the injustices of domestic violence and have put various protections for victims and potential victims in place. However, as The Crime Report stated in May, "when a mother's bitter custody battle ends with the death of her child, something has gone terribly wrong with the system."

The Startling Truth

The Leadership Counsel on Child Abuse and Interpersonal Violence estimates that each year nearly 60,000 children in the United States are, following their parents' divorce, ordered by family court judges into unsupervised custody or visitation with an abusive parent. In addition, stories like Wyatt's are not uncommon. During the nine months between June 2009 and April 2010, 75 children were killed in the United States by fathers involved in custody battles.

These tragic realities are the byproducts of a system that too often values the concept of equitable parenting over protecting women and children from alleged abuse. In recent decades, the Fathers Rights Movement and a public shift towards more equitable parenting in general have left family courts in the primary position of protecting the rights of both parents to share in the experience of raising their children. While this is generally a noble goal, the push to value cooperative behavior has left many fearful mothers in an impossible bind. To accuse a former partner of abuse is often viewed as "uncooperative." Thus, especially when a former partner's abusive tendencies are difficult to prove, mothers can actually hurt their cases by alleging abuse. Katherine Russell, director of the Center for Judicial Excellence, has stated that in these cases, courts often assume that "mothers are orchestrating misinformation, instead of trying to protect their children."

Available Protections

Though the family court system occasionally fails abused former partners and their children, various protections do exist. Experienced family law attorneys act as advocates for victims of domestic violence, as do various community organizations. Abused former partners can petition the courts for orders of protection and can insist that safety plans be put in place before mediation sessions begin. It is important for concerned parents to understand that while the family court system may have its flaws, steps can be taken to better ensure that former partners and children are safely protected from abuse. In addition, the system itself is slowly showing signs of improvement.

Preventing Additional Tragedy

Across the nation, courts have begun to recognize the extent of injustice that victims of domestic violence are facing as they attempt to protect themselves and their children during custody battles. Some family courts now appoint separate attorneys for children involved in custody disputes as a best practice. Others encourage mediation sessions with mediators well-versed in employing appropriate safety plans. Finally, integrated domestic violence courts are being constructed in various jurisdictions in order to ensure that women and children can obtain the protections they need. Though the statistics on how family courts are failing women and children are heartbreaking, the slow shift towards better recognizing abuse-related injustices in family courts is hopefully a sign of an improved system in the near future.

For Further Reference

Navigating the family court system is a trying experience for everyone, though it can be especially challenging for victims of domestic violence. If you have questions about how you or someone you care about will be protected during a divorce or child custody proceeding, please contact an experienced family law attorney.

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