1218. (a) Upon the answer and evidence taken, the court or
judge shall determine whether the person proceeded against is guilty of the
contempt charged, and if it be adjudged that he or she is guilty of
the contempt, a fine may be imposed on him or her not exceeding one
thousand dollars ($1,000), or he or she may be imprisoned not
exceeding five days, or both. In addition, a person who is subject
to a court order as a party to the action, or any agent of this
person, who is adjudged guilty of contempt for violating that court
order may be ordered to pay to the party initiating the contempt
proceeding the reasonable attorney's fees and costs incurred by this
party in connection with the contempt proceeding.
Children's Institute International (CII) is a private, non-profit organization specializing in the treatment and prevention of child abuse and neglect. Over the past 90 years, CII has evolved from a shelter for single mothers and their babies to an internationally recognized model of comprehensive care and assistance for at-risk children and their families. CII's multi-faceted approach combines prevention and treatment programs serving over 4,000 families at locations in Central and South Los Angeles County -- with training programs that have educated more than 40,000 multi-disciplinary professionals world-wide. CII assistance includes child and family assessment, sexual abuse treatment, domestic violence intervention, family treatment, Early Head Start program, therapeutic day care, child health clinic, long-term foster care, and substance abuse treatment and prevention services.
South Bay Family Violence Council Contact them thru Andrea Welsing at CAVA
Friday, November 19, 2004
Presenter: Alyce LaViolette, MS
Topic: Treatment for Batterers
Alyce LaViolette has worked with battered women since 1978, first as an advocate at Women Shelter in Long Beach and then in private practice. In 1979 she founded Alternatives to Violence, one of the first programs in the country for spousal abusers.
Ms. LaViolette has developed training programs for Los Angeles County, the California Department of Probation and the Orange County Department of Children and Family Services. Ms. LaViolette has received numerous awards for her work including the Los Angeles Commission on Assaults Against Women’s Humanitarian Award.
Ms. La Violette’s recently updated version of her book
It Could Happen to Anyone will be available at the presentation. Purchase your copy and have it signed by the author!
Here's an interesting case, where a Vindictive X-spouse harasses the other, using Restraining Orders.
This is an action ... correct errors of law and abuses of discretion in the proceedings of the case
It arose after an estranged wife, Cobaka Quill ["Cobaka"], domiciled in Maine, was granted a Maine restraining order against her husband, John Quill. ["Quill"]. He had been given exclusive use and possession of the couple’s Boston condominium and had been ordered by the family court to make it available for an inspection by Cobaka’s appraiser. Without notice to her husband, Cobaka showed up at the condominium for the inspection and caused her attorney to place a 911 cell-phone call and say that her husband would not leave the property. Quill, on the other hand, complied with the family court order and made the condominium available to the appraisers. To do otherwise would have put him in contempt of that Massachusetts order.
He had been facing a Hobson’s choice – to obey the Massachusetts order or despite the lack of notice from his wife about her intended presence and her surprise appearance, to disobey the Massachusetts order and obey, instead, the Maine order flashed in front of him that day\1/ by Cobaka’s attorney.
After all, immediately upon the arrival of her attorney at the condominium, where Quill was waiting, she handed him the Maine order and instructed her attorney to call the Boston Police Department for the alleged violation of the Maine order. From that act alone, this court can conclude that she purposely did not want to notify him so that she could entrap him into violating the Maine order
the estranged wife arrived unexpectedly – i.e., without notice to Quill or his counsel – on the scene where he had been ordered by the court to be. Clearly Cobaka arrived in Boston with the intention setting Quill up for a bogus claim of a violation. The Boston Police Department should have charged her and her lawyer – who made the 911 call on her behalf on the site -- with false reporting to the police, a criminal infraction
In August 2000, she wrote Quill [Exh. F, Cobaka’s handwritten note to Quill , marked as Trial Exhibit 75 on 5 September 2002] and asked him to join her in Maine for a Kindergarten Orientation meeting at the children’s school. Later she had her then-attorney write that he sat too close to her in the auditorium.
In October of 2000, Cobaka left with both his aunt and a mutual friend a message for Quill to go to Maine, pick the kids up at school, and plan on spending the weekend with them in Maine.
After he got to Maine to pick up the children up at school, he learned that she had alerted the school to call her when he arrived. Upon learning that he was at the school, Cobaka then proceeded to call the police and report he was stalking her. [Exh. G, Cumberland Police Department incident report.]
Charges were never brought forward in Maine.
Quill contends that Cobaka has been using the abuse-prevention laws in both Maine and Massachusetts as a weapon, a tool, to achieve a collateral advantage in their divorce action, in which they both seek custody of the children.\5/
5 In December 2000, Cobaka, who very often did not comply with order regarding where and when the children should be picked up and delivered, told a policeman that if Quill did not deliver the children in Maine, he’d be in contempt. This was untrue. The children were to be delivered at the Merrimack, MA, police station, not in Maine. The police officer then testified and impeached her.
Quill believes that the court was silent about this issue because the court never anticipated Cobaka accusing him of violating the Maine order while simply making the condo available for inspection. Given the number of people who would be present, any fear by Cobaka would be conjured up and be an unreasonable fear.
the assistant district attorney argued that Cobaka was harassed by Quill when she saw him with a video camera.
(a) No disability insurer covering hospital, medical, or surgical expenses shall deny, refuse to insure, refuse to renew, cancel, restrict, or otherwise terminate, exclude, or limit coverage or charge a different rate for the same coverage, on the basis that the applicant or insured person is, has been, or may be a victim of domestic violence.
(b) Nothing in this section shall prevent a disability insurer covering hospital, medical, or surgical expenses from underwriting coverage on the basis of the medical condition of an individual so long as the consideration of the condition
(1) does not take into account whether such an individual's medical condition was caused by an act of domestic violence,
(2) is the same with respect to an applicant or insured who is not the subject of domestic violence as with an applicant or insured who is the subject of domestic violence, and
(3) does not violate any other act, regulation, or rule of law. The fact that an individual is, has been, or may be the subject of domestic violenceshall not be considered a medical condition.
(c) As used in this section, "domestic violence" means domestic violence, as defined in Section 6211 of the Family Code. See also Health & Safety Code 1374.75
CA Insurance Code 676.9. (a) This section applies to policies covered by Sections 675
and 675.5.
(b) No insurer issuing policies subject to this section shall deny
or refuse to accept an application, refuse to insure, refuse to
renew, cancel, restrict, or otherwise terminate, or charge a
different rate for the same coverage, on the basis that the applicant
or insured person is, has been, or may be, a victim of domestic
violence.
(c) Nothing in this section shall prevent an insurer subject to
this section from taking any of the actions set forth in subdivision
(b) on the basis of criteria not otherwise made invalid by this
section or any other act, regulation, or rule of law. If
discrimination by an insurer is not in violation of this section but
is based on any other criteriathat are allowable by law, the fact
that the applicant or insured is, has been, or may be the subject of
domestic violence shall be irrelevant.
(d) For purposes of this section, information that indicates that
a person is, has been, or may be a victim of domestic violence is
personal information within the meaning of ...Section 791)
(e) No insurer that issues policies subject to this section, and
no person employed by or under contract with an insurer that issues
policies subject to this section, shall request any information the
insurer or person knows or reasonably should know relates to acts of
domestic violence or an applicant's or insured's status as a victim
of domestic violence, or make use of this information however
obtained, except for the limited purpose of complying with legal
obligations, verifying a person's claim to be a subject of domestic
violence, or cooperating with a victim of domestic violence in
seeking protection from domestic violence or facilitating the
treatment of a domestic violence-related medical condition. This
subdivision does not prohibit an insurer from asking an applicant or
insured about a property and casualty claim, even if the claim is
related to domestic violence, or from using information thereby
obtained in evaluating and carrying out its rights and duties under
the policy, to the extent otherwise permitted by this section and
other applicable law.
(f) As used in this section, "domestic violence" means domestic
violence as defined in Section 6211 of the Family Code.
Family Law Code6203. For purposes of this act, "abuse" means any of the following:
(a) Intentionally or recklessly to cause or attempt to cause
bodily injury.
(b) Sexual assault.
(c) To place a person in reasonable apprehension of imminent
serious bodily injury to that person or to another.
(d) To engage in any behavior that has been or could be enjoined
pursuant to Section 6320.
Family Law Code 6320. (a) ...
molesting, attacking, striking, stalking, threatening, sexually
assaulting, battering, harassing, telephoning, including, but not
limited to, annoying telephone calls as described in Section 653m of
the Penal Code, destroying personal property, contacting, either
directly or indirectly, by mail or otherwise, coming within a
specified distance of, or disturbing the peace of the other party,
...
Other rights for Victims of Domestic Abuse Orange County DA
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