Shelters in O.C. Wary of Plans for Family Court

Judges in Orange County Family Court are considering an overhaul of their procedures for handling domestic-abuse cases in a way that has created apprehension in some battered women’s shelters and among family-violence experts.

The changes under consideration include ordering some women to attend domestic-violence counseling and requiring greater proof of abuse before the judges will grant permanent restraining orders against accused batterers.

“We want to create a new way of looking at domestic violence that truly deals with the problem . . . and helps victims,” said Thomas H. Schulte, one of the family-law commissioners spearheading the effort. “We are trying things. If they don’t work, we will try something else.”

Still, some attorneys and counselors who deal with domestic violence worry that the changes, while well-meaning, could make some battered women think twice about seeking restraining orders or using the justice system to get out of abusive relationships.

“My fear is that this could have a chilling effect,” said Jane Shade, a deputy district attorney who supervises the family violence unit. “Sometimes, domestic abuse cannot be corroborated or proved. One person says it happened, the other person says it didn’t. I don’t know how you deal with that.”

Officials estimate that the changes could affect half of the 300 to 500 women who bring domestic-violence cases before the family court each month.

Judges have been quietly discussing the new procedures over the last few months. The Orange County Family Violence Council, a group comprising police, prosecutors and representatives of battered women’s shelters and other organizations, has also mulled over the issue.

Schulte declined to detail the specific proposal under consideration, saying the judges “are in the middle of looking at many ideas.” But he stressed that the court is seeking feedback from those who work in the domestic-violence field.

“We are all aware of the importance of the domestic-violence problem and felt it was time to review our procedures and policies,” the commissioner said. “We are open to all suggestions and input from any interested parties. . . . Nothing is cast in stone.”

Shade and other members of the Family Violence Council who have discussed the changes said one key proposal would require counseling for victims with children who have returned to live with the person who battered them.

Some members of the council said they support the general concept but have concerns about requiring mandatory counseling without first setting a clear curriculum and determining how victims would pay for the classes.

“I can understand how judges would get frustrated with having the same clients coming in front of them and seeing children going back into violent situations,” said Sandy Condello, executive director of Laura’s House, a shelter serving the South County.

“But many women cannot afford counseling and the day care they would need for their children,” she added.

The victim counseling would be similar to the type already offered at battered women’s shelters. The training is designed to boost the self-esteem of domestic-violence victims and educate them about ways to break out of abusive relationships and avoid falling into the “victim role.”

The goal of the classes, counselors say, is to help victims provide safe homes for themselves and their children. Women who now receive the counseling in shelters do not pay a fee and often benefit from child-care services during classes.

Condello, Shade and others also questioned whether judges would punish victims who refused to seek counseling. Others worry about how battered women might view the requirements.

“We have to make sure that the message they are receiving is not one of re-victimization,” said Fran Shiffman of the Women’s Transitional Living Center. “There could be a misinterpretation that [the victim] is being punished even though that is certainly not the intent.”

The Family Violence Council’s Shelter Committee has started developing curriculum for a counseling program. “Our goal is to develop a program with a positive focus, not from a punitive point of view,” the committee stated in a report.

Another change under consideration by the judges involves scrutinizing more closely certain allegations of domestic abuse before issuing permanent restraining orders.

Some judges have proposed that officials from the court’s mediation and investigation unit be required to investigate the abuse charges between the time a temporary restraining order is granted and a permanent injunction, which remains in force for three years, is typically issued.

Under state law, those who are the subject of a permanent injunction are prohibited from registering to own a gun, said Ken Boyd, a Westminster police detective and Family Violence Council member.

“You really want to make sure that the people being restricted really deserve that,” he said.

Boyd and Shade, the deputy district attorney, said the nature of some domestic-violence cases makes it difficult to prove without long and exhaustive investigations.

“You are talking about checking police reports, getting the 911 calls and looking at photos--if they are available. That takes a lot of time and can cost a lot of money,” Shade said. “You can’t do a fair investigation if your time . . . [is] limited.”

Shade also expressed concern that the investigation might prompt some women to recant their charges out of fear that their accusations cannot be proven. “I think the judges’ ideas come from good intentions,” she said. “But we have to make sure they are done effectively and properly.”

Shade and Boyd said cases of false domestic-violence reports occur, but are relatively rare. “Most of the time, it’s an honest and sincere case,” Boyd said.

Orange County’s action comes two years after a string of changes in state domestic-violence laws stemming from the trial of O.J. Simpson, who was accused of beating and later killing his former wife.

One new law, for example, requires health professionals to notify local law enforcement agencies whenever they suspect a patient has been a victim of domestic abuse. The law has come under criticism from some for violating the privacy of battered women and preventing them for receiving health care.

Commissioner Schulte said the judges hope to avoid establishing unworkable rules by consulting with local shelters and other parties.

“Obviously, the Simpson matter gave a lot more attention to the problem of domestic violence,” he said. “Our whole goal is to assist victims and to stop violence. We are in the violence-stopping business.”