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February 26, 2012
  Mindfully Redefining the Expectations Surrounding Divorce
Posted By Thurman Arnold

The Challenge of Seeing Things As They Really Are

Q.    What is meant by the concept "redefining the expectations surrounding divorce"?

A.  We all have an amazing ability to rewrite history. We often view the circumstances of our marriage quite differently in hindsight from how mindfulness in divorce they originally seemed, and it is natural that our minds invent stories about the other party that color how we approach divorce. But what if you could choose what your divorce and its aftermath might look like? How would you hope to view all 'those wasted years' today, tomorrow, next week, next year, in 10 years, or as you reflect upon your life as you prepare for your own inevitable exit?

We rarely consider these questions with balanced interest. Instead, our minds become stuck on stories that tend to cause our experience in reality to replicate the attitudes in our heads. These stories often just aren't true, or are quite incomplete. This is mindlessness in practice, and it is our default condition.

As with most questions, it is to be expected that we will formulate our answers from the core of our own interests.

If you could set aside your fear and anger, how might you like your divorce to feel for you and for your spouse?

Mindfulness is a great teacher if we can listen, and it may offer a framework for understanding why we become conflicted. It teaches us to pay attention to the thoughts and attitudes that arise within us in order to test whether they are true - and not to judge or suppress our "answers". It can be illuminating to notice how wounded answers operate to control the course of our lives.

Our views about what is happening to us are always linked to how our self-centered "me" feels. This egoic personality is sometimes called the "Little Me". Our worse fantasies, most selfish or destructive thoughts, and our day to day self centeredness all derive from a sense of a wounded Little Me.

The Little Me is our egoic conditioning. Recognizing the "Little Me" for what it is is an amazing accomplishment. It opens the door to recognizing something infinitely larger - that which notices the Little Me. Spiritual philosphers call this the "Inner Guru." Our highest aspirations, and our most transcendent moments, resonate within and are observed and recognized by our Inner Guru. We are all familiar with both characters, whatever we name them.

"Little Me" is the character that we think we are. It is the filter that judges our selves and everyone else, the one with the committe and all its opinions. It shifts and inverts from moment to moment. Little Me wants above all to be entertained, and it attaches to material things and romantic imagery. It is the part of you that is always in argument with what is happening.

Our Little Me is not awake. Sure, it moves, it bustles around, it can seem quite energetic - hell, it bounces off the walls all the time. But that is not a state of Awakeness. The Little Me might beg to differ, but let it beg. No answer or response will satisfy it anyway. The Little Me is our 2 year old personality structure at an arrested emotional stage of development. It can be quite beguiling like any child, dripping with sweetness and unction one moment and the most terrible tyrant the next. Little Me is a chameleon, and getting rid of the Little Me is like trying to rid yourself of your shadow. Better to know that is not what is going to happen, and if you go to war with your Little Me it is just the Little Me pretending to battle itself.

Your Inner Guru is something quite larger. It is wise enough to be all embracing and all inclusive, and it loves the Little Me with uncompromising compassion. To the Little Me the Inner Guru seems to fly on gossamer wings, and seems tied to some other inaccesible dimension. That perception is not true.

Mindfulness is nothing more than the aliveness of the Inner Guru expressing its aliveness in any given moment. It is allowing the natural spontaneous truth of life to express itself. It seems quite a task to remember that. This sense of difficulty is natural, but it is simply a mistaken apprehension.

So, what might one do?

To find an answer, it is important to consider who or what is asking the question. If the aspect of ourselves that we may call Little Me is asking the question, buckle up.

It is through mindfulness whether as a meditation practice, gentle self-inquiry, or just a gradual flowering of recognition and intention, that we allow the Inner Guru to address the question. 

We might ask the question differently: How would my Inner Guru wish this divorce of mine to feel, to me and all other beings? 

There is a transformative power in this question. Do you notice that when the Little Me drops out of the equation, when "I" am not the central questioner, previously unnoticed possibilities pop into view?

We need to begin somewhere, and a list is as good a place as any. When we connect to a heartfelt place of best intentions, and examine those intentions in a committed manner, certain themes arise that we did not before consciously consider and could not otherwise organize. This allows us to peer deeper than when stuck in the autopilot of trance conditioning, as we often are. It doesn't matter whether you list what you don't want or what you do want, but try listing it from both directions. Pick which ever is easiest for you to begin, and grab a sheet of paper or better yet a journal. Do any of these resonate?

    I don't want to cause pain to my loved ones. 

    I don't want my children to suffer. 

    I don't want to repeat my own parent's experience. 

    I don't want to be angry. 

    I don't want to be scared. 

    I am tired of blame. 

    I am tired of shame. 

    I don't even want to cause pain for myself. 

    I don't want to be stuck. 

    I don't want to be self-centered all the time. 

    I don't want to impose my story of suffering on those around me. 

    I don't want to feel vulnerable all the time. 

    I don't want to feel a victim. 

    I don't want to be sad. 

    I don't want to feel physically unwell. 

    I don't want to react all the time. 

    I don't want to need to apologize because of what I've said or done. 

    I don't want ______

Do this exercise with gentle humor and patient kindness and understand what is written above may be a long list for you, or maybe a short list. The key is keep listing until you've exhausted the thoughts and feelings that arise and wish to express themselves. You can also run another sheet at the same time, or wait until you are finished with your first one, but however you approach the list, each item will suggest its opposite.

    I want to love. 

    I want to be loved. 

    I want peace. 

    I want to be a positive force. 

    I want to be awake. 

    I want to be mindful. 

    I want to forgive. 

    I want to be forgiven. 

    I want to get on with my life.

    I want _______. 

Now, when you are done with both lists, ask yourself this question: Is the best of what I want for myself, the same as what I want for all others? Is the best of what I want, what I want for my divorce? Is it what I want for my spouse or partner? Is is possible that they would want the same things for themselves and for me? And even if they don't want the same things for me, does that matter - for me?

Finally, write down what resonated for you in making these lists. Entitle it "Mission Statement" or something else. And consider making a prayer, or whatever you wish to call it, that these goals remain your highest intention and that you may remind mindful of them, in pursuing them.

Then, congratulate yourself. You have just examined more than most people ever consider! You have glimpsed deep mindfulness, and have a sense what it looks like and where to access it. You have expressed an intention to be present and well, and so begun a journey to healing. You have realized that just because you have a story of who did what to whom, that doesn't make the story true - indeed, you now have a reason to be immediately suspicious of such stories.

And you have arrived at the door to a way of being that may guide and carry you safely through the journey, all the way home.

mindful parenting and divorce trance

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December 30, 2011
  Attorney Michael C. Peterson Speaks About FINANCIAL TRANSPARENCY (Before and Once Divorce Happens)
Posted By Michael C. Peterson

Advice for Couples in 2012, Including How to Balance Power in Your Marriage

One of the most common problems I see arising in (and sometimes leading to) any divorce action is a lack of financial transparency between the spouses or partners. Often, over time, and for various personal, practical and familial and historical reasons, one party has assumed a dominant or exclusive role in the management of community assets, including depository accounts, real estate, investments, and small businesses.That role effectively puts a managing spouse in a position to have vastly superior information about the family finances, and the power to act on such information in the context of divorce to the detriment of the non-managing spouse. This may wind up prejudicing one party if the relationship ends.

It has been my repeated experience that, in anticipation of a divorce action, an unethical or abusive spouse will take strategic steps to hide assets and obfuscate the methods used to hide them. The ramifications to the non-managing spouse can include not only an unfair disbursement of community assets upon resolution of the case, but also manifest into reduced calculations of temporary and permanent spousal support and child support. 

California family law attempts to minimize the potential for financial fraud during the life of a divorce action. For example, it creates rules for mandatory disclosures of assets. It creates fiduciary duties for managing spouses. It creates methods for discovery of financial and asset information (but only in the context of a legal action, after the relationship has broken down). It creates pre-judgment and post-judgment penalties for non-disclosure. 

In a perfect world such legal tools alone would fully prevent the potential for financial dishonestly between separating spouses. But the reality is that the law routinely fails to protect the financial interests of the non-managing spouse in this regard, and the root cause of that failure occurs because non-managing spouses don't take steps to equalize the playing field when it comes to information about family finances during the course of the marriage. Stated another way, individual non-managing spouses are often unable to utilize the tools that the law provides to ensure they receive a just and equitable share of the fruits of the community's efforts during the course of the marriage because they lack the information necessary to have their lawyer fully protect their interests.  Too many non-managing spouses wait until the time of separation to learn about the family finances.  By then, non-managing spouses and their attorney are playing catch up, and not always winning. As such, it is of paramount importance that a non-managing spouse be proactive in learning as much information about the family finances as possible, and do so not only on the eve of a divorce, but also during the entire course of the marriage itself.   In this day and age, knowledge is the coin of the realm.

Economists recognize that one source of market failure (i.e. inefficient allocation of resources) is caused by a phenomenon called asymmetric information. Asymmetric information affects decisions in transactions where one party has more or better information than the other. In adverse selection models, the ignorant party lacks information while negotiating a contract to the transaction. Common examples of information asymmetry include 'insider' trading in the stock market, or buying a 'lemon' used car. Understanding and combating asymmetric information is crucial to economists because market failure leads to net losses for society as a whole. Understanding and combating asymmetric information should be equally important to the non-managing spouse and his/her attorney because of its strong potential to lead to inequitable settlements or trial results.  In the economic sense, asymmetric information between spouses about the family finances is a form of market failure. To be sure, if you are contemplating or undergoing a divorce action, you will (in most cases) effectively be negotiating a transaction that will bind you and impact your financial future.

The best way overall way to combat a managing spouse 's tendency to commit acts of misfeasance or non-disclosure regarding financial interests is to equalize the flow of financial information from the very outset of the marriage, with information parity being a non-managing spouse's goal.

Hand-in-hand with the goal of information parity is a mindset that fosters such parity being present throughout the marriage. That mindset is, simply stated, one of equality and mutual appreciation. Two people will divide labor in a marriage so as to maximize their relative strengths and weaknesses, and in so doing the synergy benefits the martial community as a whole to a greater extent than either person could do individually. Economists refer to this phenomenon as comparative advantage, and recognize that such a situation is optimal in the context of maximizing social utility. So too is comparative advantage optimal for managing a household. 

As a simple 'traditional' example, assume Chris and Pat are married. Chris has a greater income earning potential due to holding a doctorate degree and having a good network of people to whom Chris is favorably known in the locale. Pat has greater domestic abilities due to having a bachelors degree in nutrition a work background in home decor. Based on these comparative strengths, Chris and Pat decide that Chris will work full-time and Pat will take care of the home full-time. Pat's excellent meals keep Chris energized and in good health.  Pat's superior aesthetic tastes keep Chris in style with cool cloths. Chris's boss comes over for dinner and is impressed by the feng shui of the domicile. Over time Chris gets promoted and raises. Chris uses the additional income to make financial investments, go on vacations with Pat, and purchase a better home. By Chris and Pat each doing what they are relatively strong at, they, both individually and as a whole, are made economically better off. But more to the point, it is their interdependence that necessarily caused the mutual gain. The law recognizes this fundamental principal in the context of divorce by creating the concept of community property; that regardless of whether it was Chris's paycheck that allowed for the growth of assets, Pat's contributions to Chris's earned income are equally important and therefore necessitate equal division should Pat and Chris's relationship end. So as to a non-managing spouse's mindset, I strongly encourage all such people who are contemplating marriage, married, contemplating divorce, or involved in a divorce have one that recognizes their contributions to the community and requires takes a role.

On the practical side of things, here is a list of information parity objectives that I believe healthy marital relationships should achieve:

  • Spouses should store copies of written financial documents in a safe place and where the other spouse doesn't have access.
  • Spouses should have all depository, investment, retirement, and debt account numbers written down in an asset ledger. Annual inventories of all assets with a value over $500.00 should be maintained and signed off on by spouses and kept in the asset ledger.
  • Spouses should keep copies of income information, including payroll stubs and other documents showing income such as rental checks from investment property or brokerage statements from securities dealers. 
  • Spouses should copy and store all financial account information from banks savings and loans, credit unions, particularly monthly statements. Spouses should also copy and store other banking information such as passbooks, check registers, and deposit slips. 
  • Spouses should agreed to have all financial information statements should be sent to each spouse individually, directly from the applicable financial institution, and be received only at that spouses primary residential address (and not, for example, at a business). If one spouse insists on receiving their financial information from home or stops receiving financial information mail at the residence, it is often a red flag. 
  • Spouses should maintain copies of tax documents, including personal tax returns and business tax returns, and attached forms, for the preceding five years.
  • Spouses should receive and keep business financial statements, including net worth and income statements, in the case of a small business.
  • Spouses should keep copies of all wills and trusts, and attachments thereto (such as a grant deed that has been recorded in favor of a trust for the benefit of the spouses).
  • Spouses should keep copies of all life insurance policies.
  • Spouses should keep copies of all outstanding debts incurred during the marriage that are in either spouses name.
  • Spouses should keep a list of all personal and real property owned prior to the marriage.
  • Spouses should keep a list of all safe deposit boxes and their contents.

Other tips you should know about and red flags you should watch out for to protect you from an unscrupulous spouse:

  • Don't wait until things are going badly in the relationship to achieve financial information parity. Work towards that goal from the outset.
  • Conduct asset searches of your spouse's biographical information by professional third-parties on an annual basis.
  • Be aware that there is a statistically higher incidence of spouses hiding money in their second, third, or later marriages.
  • Its best to have only a certified public accountant prepare the spouses' tax returns (as opposed to 'bookkeepers' of other unlicensed persons acting as pseudo-accountants), as they are subject to professional  conflict of interest rules. Do not sign any document seeking your informed consent to waive any conflict of interest rules with respect to accountants without consulting an attorney.   
  • Particularly in the case of a small business, become knowledgeable about the business's employees, its normal income, its normal expenses, and how it accounts for them. A small business in particular is breeding grounds for accounting tricks to make it appear less valuable. I have seen this occur by the managing spouse: favor/incentivize cash payments from customers, funnel personal expenses as payments from the business, creating and paying fake employees (including the spouses' own children) and then voiding the uncashed checks after the divorce is final, or delaying new long-term business opportunities (i.e. taking new customer orders, signing new clients, or receiving transfers from escrow-like accounts such as paypal.com). It's important to be familiar with the inner-workings of a small business so you can note when something is amiss. Carefully review and copy customer/client payment agreements and accounts where a small business operates on a largely cash basis.
  • Review financial statements on a regular basis. It is easier to access and digest three months of recent transactions than five years of relatively distant transactions. Look out for large or out-of-the ordinary deposits or withdrawals, and try to trace the source/end-point of the transaction to the best of your ability.
  • Be aware that municipal bonds and certain savings bonds, because they are tax-free, are not reported to the IRS and therefore can be a vehicle for asset hiding because they do not need to be disclosed on tax returns. Look out for large investments in these assets.
  • Non-managing spouses should be careful about signing joint tax returns that claim large deductions for various expenses, particularly in the case where a small business is involved. Although it might mean a larger tax burden in a particular year, in the context of a divorce it often results in lower spousal support and a lower business valuation, with attestation proof presented to a judge in the form of your signature.
  • Big changes to the administration of finances can be a red flag: applying for large new loans, the closing of a bank account or change to an investment portfolio, particularly without the input of the non-managing spouse, might give opportunity to hide money.
  • Know your spouse's boss well, and make sure they like you. I have experienced collusion between employers and employee so as to show short-run decreases (bonus or raise deferral) to income agreed on increases after the divorce is complete.  If you separate from your spouse, let your spouse's boss know that event has occurred in writing. 
  • Do not sign deeds or other papers concerning real estate papers without consulting an attorney.
  • Watch out for bank accounts opened in the name of spouse's children, as they do not get listed on that spouse's tax statements they can be a method of hiding community assets.
  • Also watch out for overpayments on taxes. A managing spouse may try to receive a tax return later after the divorce is final by overpayment now, or alternatively filing amended taxes.
  • Avoid 'loans' to friends or family.           
  • Be a Missourian, i.e. don't take your spouse's word. Have the managing spouse show you with the documents that corroborate what they tell you about the family finances. 
  • Don't allow fear of ruining the relationship, cultural values, or laziness prevent your pro-activity in becoming astute in the family finances. Defensive responses to your inquiries and requirements for financial information parity by the managing spouse may indicate diversion of community assets.  
  • Always remember that the burden of proof rests on the accuser, not the accused, to prove diverted assets to a court. Take all actions to protect your interests with this rule in mind.

These are my thoughts at the end of 2011 - I wish each of you, and each of us, a Happy New Year in 2012, and I hope that we all strive to be transparent and ethical during the coming year!



Michael C. Peterson, Esq. - Indio and Coachella Valley Divorce Attorney  
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May 06, 2011
  Marriage of Davenport: Trial Court SANCTIONS Wife Under FC Section 271 for Her ATTORNEYS' "UNBRIDLED AGGRESSION" In Family Court Proceedings!
Posted By Thurman W. Arnold, III, C.F.L.S.

A Shifting Judicial Response to Overzealous Advocacy:
Excessively Exuberant and Inflammatory Litigation Tactics
Will Not Be Tolerated in California


Justice Richman of the First Appellate District for Sonoma County, California, issued this week a momentous opinion that signals that courts will no longer passively allow attorneys who embark on rampaging attacks in high conflict divorce, or elsewhere, to do so without meaningful reprisals. Clients who encourage or permit their lawyers to manage their cases in this style may find their purses and wallets pried open. 

While my review of the case may seem harsh, I believe that it reflects the frustration of the appellate court. I have endeavored to quote the decision itself as much as possible for readability. The trend in recent reported appellate decisions suggests that the pendulum is swinging against litigants who get sucked into divorce trance and its insane warfare. Marriage of Davenport excoriates not only one lawyer and his client but also the Santa Rosa law firm for which the attorney worked.

Mediators, collaborative attorneys, ethical divorce practitioners, and holistic lawyers will appreciate that a major California appellate decision has outed the adversarial elephant in the courtroom for the destructive creature that it is, affirming consequences for litigious behavior that are necessary and overdue. Courts are not merely imposing monetary punishments, they are publicly shaming those professionals (attorneys, mental health professionals, and even trial court judges) who fail to act within the bounds of due process, fiduciary duty obligations, and the rules of civility. Indeed, last month the Second Appellate District in Ventura County upheld a sanctions award against a self-represented attorney in a family law proceeding, and reported him to the California State Bar as well.

Still, Davenport raises some important questions. These include: 
  • What level of vitriol and sarcastic behavior is permissible in the trenches of high-conflict divorce proceedings? When does zealous advocacy so exceed the bounds of civility that the behavior of litigants or their attorneys receives as much attention as the underlying property division and support issues in the case?
  • Is it possible to remain a civil advocate without sacrificing the zeal that is required and expected of lawyer warriors?
  • If attorneys, or the clients in their stead, are to be held accountable for conduct that increases the adversarial tone of the proceedings might this have a chilling effect upon strong and courageous advocacy, making less empowered parties more vulnerable to exploitative litigation tactics employed by the other side?
  • Should the California legislature amend Family Code section 271 to authorize trial courts to sanction family law attorneys directly for abuses they themselves commit? Good arguments exist for and against (another day, another blog).  


Marriage of Davenport (2011) 194 Cal.App.4th 1507

Marriage of Davenport was published May 4, 2011. It may be the most important annunciation in years by California jurists that some litigants and lawyers are stubbornly out of control, recognizing that the survival of our current family court legal scheme requires that the judiciary manage the worst behavior of such participants. Davenport will be cited as a textbook illustration of what to overcome and avoid. Click here for the full opinion.

Jill and Ken Davenport married in 1948 and separated in 1990, amassing an estate worth near 57 million dollars. Ken was a talented car salesman and real estate investor. It wasn't until March 1, 2006 that Jill filed a petition for dissolution of marriage. During that 16 years "there was agreement and cooperation, including their participation in joint estate planning favorable to Jill, and agreement to sell off many of the [community properties]." Jill was then 75 years of age, and Ken was 78.

This cooperation ended on February, 3 2006 when something set Jill onto the road to calamity. She fired a first salvo in the form of a letter to Ken which accused him of having "stepped over the line," having "lied to me," warning he being taken advantage of by others (sweet irony?), and demanding money and property. Although the parties had  co-existed peaceably for almost 16 years, the status quo exploded with this letter. 

What had changed for Jill? That month or before she'd retained the law firm of O'Brien Watters and Davis to protect and advance her interests. When her Petition was filed, senior attorney Michael Watters was named as her attorney of record. However, in November 2005 Andrew Watters (Michael's nephew), passed the California Bar and joined the law firm effective February, 2006. He was introduced to Jill three days later and became her gladiator, so beginning an odyssey that would continue unabated for more than five years. According to Andrew, thereafter he "personally handled or [was] personally involved in each and every transaction between the parties ..., as well as each and every discovery request, discovery event, court proceeding, and other substantive matter." As the First Appellate District court dryly notes, "[i]n short, Andrew Watters became the lead lawyer for Jill in what would necessarily be a complex family law litigation." "Early on, a young and inexperienced attorney at that firm [Andrew] became Jill's primary attorney, and interacted with Ken's attorneys for the next two years, interactions that would generate a 35-page register of actions and 19 volumes of court files."

Out of the gate Andrew Watters pursued a campaign of attack against Ken and his attorneys that seemed ill-fated. Five months into the proceedings, he filed a motion to compel further answers to Form Interrogatories after making negligible efforts to resolve the discovery dispute informally. California has long required that before litigants file motions to compel discovery, the record must show that they made reasonable and sincere efforts to resolve the argument informally. Proof of this is contained in what are called "meet and confer" letters. Unfortunately, these letters are often authored with a threatening tone, reflect posturing and grandstanding, and sometimes hope to set up the other side for sanctions when a motion to compel is heard. In this case, Andrew wrote a single letter, failed to respond to Ken's attorney's reply, and he didn't attempt to discuss the issues with Ken's attorneys directly before filing his motion. The trial court declared these efforts to be "unreasonable" and "admonished [counsel for both parties] to change their meet and confer practices so that meeting and conferring is meaningful and not just a token gesture."

Over the next two years Wife's side would file eight discovery motions. The court file came to consist of 19 volumes, something that the experienced trial judge, Judge Cerena Wong, would later describe as "outrageous" for a family law case. Wife filed three OSC re Contempts against the Husband, including one in which the Court in August, 2006, ordered the parties to meet and confer in a 4-way, as to which Ken "refused to meet and confer if attorney Andrew G. Watters was present in the room." Oh boy. Unfortunately, this reaction is not uncommon but risks forming a vacuum where the business of cooperatively resolving the case stalls.


The FC §271 Sanctions' Requests

On May 23, 2008, attorney Watters filed two motions that ultimately blew up in Jill's face, led to this appeal, but now provides a roadmap for how not to behave when representing parties to matrimonial proceedings. One motion requested Family Code section 271 sanctions and attorney fees.

Wife's initial motion paperwork was "blank", evidently designed to reserve hearing dates on the court's calendar. The appellate court notes that "Andrew Waters did not consult with [Ken's attorney] on the date, nor even advise him of the filings, causing him to complain about the timing of the motions, including that they were filed late in the afternoon of May 23, 2008, the Friday before the Memorial Day weekend, and at the last possible moment." 

Family Code section 271(a) reads in pertinent part:

"the court may base an award of attorney's fees and costs on the extent to which the conduct of each party or attorney furthers or frustrates the policy of the law to promote settlement of litigation and, where possible, to reduce the cost of litigation by encouraging cooperation between the parties and attorneys. An award of attorney's fees and costs pursuant to this section is in the nature of a sanction.... In order to obtain an award under this section, the party requesting an award of attorney's fees and costs is not required to demonstrate any financial need for the award...."

Jill sought legal fees of $600,861 and costs of $332,933. Her attorney filed a 52-page declaration which attached 1250 pages of exhibits. Much of Watters' declaration was "inappropriate, asserting hearsay, argument, opinion, and conclusion, and was improper on several bases. An early passage ... illustrates some of this, where Andrew Watters purports to describe Jill's description of Ken's 'negotiating tactics, habits, and personality traits,' which he labeled 'Deal in the pocket,' 'Poor mouth,' and 'Artificial crisis,'...." This sort of sarcasm doesn't warm the hearts of judges.

Although the record is not clear, it appears that Watters requested that Ken's attorneys also be sanctioned. If so, personalizing sanctions between attorneys is always a dangerous mistake.

Watters' tone was reportedly sarcastic, deprecatory, improperly personal, and lacked objectivity (see several paragraphs below for the juicier stuff). Effectively he was "testifying" on behalf of his client. His declaration included assertions that:

  • "I've seen first hand that Ken can be a very persuasive person, and that Ken seems to use all of his abilities and skill to get the best deals for himself. Unfortunately we've learned that Ken has also used this great skill and ability to take care of his wife."
  • "I was skeptical ... that someone could really use these tactics effectively outside of a car dealership.... However, throughout our dealings with Ken in this matter, I have personally observed Ken use each of the aforementioned tactics."
  • "During the pendency of this proceedings,...., the 'inconvenient truth' here is that Ken has used his unusually strong business skill and acumen against his spouse despite his fiduciary duties..."

Wife's attorney asserted several breaches of fiduciary duty including that Ken (1) omitted two assets worth $3.1 million on his schedule of assets and debts; (2) produced a written statement of the parties' net worth to be $30.5 million, when several months earlier he gave a financial statement to a loan officer showing the net worth to be twice that; (3) that his schedule of assets and debts failed to state values for many of the listed items; and (4) engaged in various discovery abuses, including stalling the taking of his deposition for ten months.

Watters' motion included Points and Authorities citing but one case: In re Marriage of Feldman (2007) 153 Cal.App.4th 1470. Feldman is the most important fiduciary duty case of the last decade. It upheld $250,000 in sanctions against a Husband who clearly was frustrating the resolution of that case, and who was secreting assets from the Wife. "Feldman" has become the rallying cry behind many well-intentioned efforts by California Family Law attorneys to force the other side to comply with their fiduciary duties.

Many divorce attorneys have "Feldman letters" loaded and cocked on their computers, to fire off where the other side is 'hiding the ball.' Several years ago these were widely circulated within the family law community with a certain amount of glee. Some attorneys use these letters as an intimidation tactic. Feldman sanctions' threats are indeed sometimes required to remind the other side they are straying from their obligations to be transparent - but misconduct must be egregious in order to succeed on a Feldman claim.  Feldman is important authority for curbing and remedying abusive and dishonest conduct in divorce proceedings, but like all things it can be over-used, blunting its utility. 

Watters urged: "'Here, the Davenport matter might as well be called In re Marriage of Feldman - The Sequel. If ever a dissolution of marriage action in Sonoma County warranted the imposition of sanctions on a party, this is the case.... indeed, 'this case is worse than what happened in Feldman.'" The decision asserts  "F eldman would become Jill's short-hand description of all that was claimed to be wrong with Ken's conduct,..." "Feldman, Feldman, Feldman, Jill repeated below,..." The appellate justices noted that "Jill remains relentless ...."  

For those who have been on the receiving end of nasty Feldman letters, this is the first reported decision that provides an antidote. However, at the same time, Feldman is important authority to assist under-empowered spouses in family law litigation.

Ken naturally opposed Jill's Feldman motion, and gave notice that he would seek too would seek Section 271 sanctions. Jill's Reply argued Ken's motion was technically defective and filed on the wrong forms, and that Ken's requested fees "have little or no connection with the alleged 'sanctionable' conduct of Jill" as opposed to that of Jill's attorney. It is not clear that they challenged the amount of these fees.

The trial of these dueling Feldman claims took place over five days in October and November, 2008. Wife's attorney filed detailed evidentiary objections to the declarations and exhibits that Ken submitted, including motions to strike portions of his pleadings, and Judge Wong essentially ignored these objections making "it abundantly clear that she could separate the wheat from the chaff."  Davenport deals a blow to the common practice of using evidentiary objection briefs to attack declarations from the opposing side that contain improper matter (the function of these is to emphasize to the Court the lack of admissible evidentiary support for statements contains in these declarations, and to strike some of the contents of these pleadings from the record). Judge Wong stated "as far as I'm concerned, fighting over comments or statements made as to whether or not they're relevant or whether or not they're objectionable, you know, this is not a jury trial for heaven's sake. I'm a judge. You know, I can sift through this stuff. I might have some comment about what I think to be more lawyerly conduct and lawyerly language . . . . You should be able to rely on the court being able to read what it reads and eliminate what's not relevant." 

Well, maybe.... Judges are as human as the rest of us. Exactly what argument or "evidence" a court is relying upon in reaching its conclusions is of rightful concern to litigants and their attorneys. Short-circuiting a proper record that makes effective appellate review possible carries a danger of giving trial courts too much power and discretion.

Judge Wong issued a statement of decision that found that:

  • Jill's counsel's failure to meet and confer before filing her motion, and during the proceedings, is sanctionable conduct.
  • The facts Jill alleged "do not rise to the level [of Feldman]."
  • No valid evidence or support was presented that justified an expedited hearing (normally Feldman motions are heard at the conclusion of a dissolution action, when the Court has the larger picture before it, but Attorney Watters had urged that an immediate hearing was required here to deter what he claimed was continuing sanctionable conduct by Ken and his attorneys.
  • Jill's counsel's hostile and disrespectful correspondence is sanctionable.
  • Jill's attorney repeatedly made references to what was said and presented in a mediation that the parties had undertaken, in violation of Evidence Code section 1119.
  • Watters' surreptitious conduct with computer consultants in relation to extracting computer data on a computer in his possession that was believed to include privileged material was inappropriate and sanctionable (in connection with retrieving data stored on a computer that Wife controlled, Watters switched the computer experts, replacing the agreed upon forensic with an IT person whom he'd met at a karaoke Bar where he claimed such "nerds" are known to hang out).
  • All fees relating to Wife's motions could have been avoided by Wife's counsel. Had he done any of the following, it was likely the costly motions and hearings relating thereto could have been avoided: (1) Met and conferred with counsel; (2) been more respectful and cooperative; (3) used the assigned case manager; (4) accepted Husband's counsel's offers to agree to a neutral forensic accountant.
  • Watters' insistence on a expedited Feldman trial in the middle of the case rather than at its conclusion was unnecessary and unreasonably expensive to the parties, and wasted the Court's limited resources.

Judge Wong denied Jill's motions. "There has been a failure of proof sufficient to penalize husband and his attorneys Merrill, Arnone, Benoit or Johnson." She granted Ken's request that the Court find that the Petitioner, through her attorneys, engaged in a course of conduct that was sanctionable. Judge Wong observed:

"'The Court questions the wisdom of such a large firm as O'Brien, Watters to choose to 'educate' a newly admitted lawyer with a case that involved millions of dollars of varied assets in California and other states, with a long term marriage and complicated trust holdings. With no background in either civil or family law litigation, Mr. Andrew Watters admitted to the Court that he was taught to litigate this case with unbridled aggression. These uncooperative and uncivil courses of action have caused Mrs. Davenport unnecessary delays and unnecessary attorney fees and costs.'" [Italics and emphasis added].

I don't know if this last reference is a typographical mistake , but if not Judge Wong's message that Jill's gladiators poorly served her is remarkable. It also spells "malpractice."  

The court also criticized Ken, who had early on stated he would not engage in a court-ordered 4-way if Attorney Watters "was in the room." Judge Wong saw this position as "inexcusably rude and uncalled for. Respondent's arrogance must have hit a sensitive nerve in counsel because Petitioner's case became a case that rapidly deteriorated into unprofessionally rude conduct and speech after that."


What Divorce Lawyers Might Avoid

The appellate court found that "Andrew Watters' demeaning comments to opposing counsel were contrary to the California Attorney Guidelines of Civility and Professionalism promulgated by the State Bar in 2007 (Guidelines). These guidelines reflect that "attorneys have an obligation to be professional with . . . other parties and counsel, [and] the courts," which obligation "includes civility, professional integrity, . . . candor . . . and cooperation, all of which are essential to the fair administration of justice and conflict resolution." (Guidelines, supra, Introduction, p. 3.) Section 4 of the Guidelines further counsels that "An attorney should avoid, hostile, demeaning or humiliating words," further providing in relevant part that: "An attorneys communications about the legal system should at all times reflect civility, professional integrity, personal dignity, and respect for the legal system. An attorney should not engage in conduct that is unbecoming a member of the Bar and an officer of the court. For example, in communications . . . with adversaries: [¶] . . . [¶] c. An attorney should not disparage the intelligence, integrity, ethics, morals or behavior of the court or other counsel, parties or participants when those characteristics are not at issue. [¶] . . . [¶] f. An attorney should avoid hostile, demeaning or humiliating words." (Guidelines, supra, § 4, pp. 4-5.)"

Justice Richman continued "there is abundant evidence of Andrew Watters treatment - more accurately, mistreatment - of his opposing counsel in his correspondence with them. Bad enough that such correspondence occurs in any litigation. It is utterly inconsistent with a fundamental aspect of proper family law practice. "Family law cases are not supposed to be conducted as adversarial proceedings. Quite the contrary, the goal is to reduce acrimony and adversarial approaches common to general civil litigation and, instead, to foster cooperation between the parties and their counsel with a view toward settlement short of full-blown litigation. [See Fam. C. §§ 2100 (b), § 271(a) (sanctions for uncooperative conduct in family law cases); see also Cal. Atty. Guidelines of Civility & Professionalism § 19-in family law proceedings an attorney should seek to reduce emotional tension and trauma and encourage the parties and attorneys to interact in a cooperative atmosphere, and keep the best interest of the children in mind']."

"The record is replete with correspondence from Andrew Watters to Ken's attorneys that contained abusive, rude, hostile, and/or disrespectful language, correspondence that Andrew Watters himself acknowledged was substantial evidence, when in the course of his closing argument he stated that '[p]erhaps some unpleasant letters that could offend someone did substantially increase the cost of litigation.' Perhaps it did indeed. A few illustrations should suffice:

  • his November 22, 2006 letter to Mr. Merrill referring to Ken's nonappearance for deposition, which letter provided in pertinent part as follows: 'Regarding your client's failure to appear once again for his continued deposition, we too regret that your client chose not to appear. As you know, we duly noticed his continued deposition for 11/20/06-11/22/06. Once again, you offer the same tired, old, and shopworn excuse. Your continued blustering about mutually agreeable dates, efficiency and promptness, and convenience is pathetic when your client's actions negate any semblance of cooperation. Talk is cheap. Actions speak louder than words. Your credibility is at stake here.'
  • his March 13, 2007 letter to Mr. Benoit included remarks that were rude, including 'Enough already with the delays.' Worse, his letter indicated that he did not believe Mr. Benoit-the person he described as "the dean of the Family Law Bar"-telling him: 'We don't accept your implication that you didn't already have [the Request to Inspect] . . . . Perhaps you didn't look hard enough, because we filed a Motion to Compel . . . in which I attached RTI Set one to my Declaration. Or you weren't counting that copy.' And the letter ends with utter disrespect, with observations such as: 'this seems like a case of the pot calling the kettle black'; 'In your last paragraph, your first suggestion is illusory. . . ."; and, "Your last paragraph rings hollow.'
  • his September 11, 2008 letter to Mr. Johnson which, bad enough, insinuated untruthfulness: 'We've noticed that, in the past, you have had some trouble keeping things straight. We also noticed that you tend to stretch things somewhat too far in the name of appearances.' Worse, it accused Mr. Johnson of unethical conduct: 'It's no surprise, then, that your letter of 8/7/08 appears to be an attempt to create a false and misleading exhibit for use at a later law and motion hearing so that your client can sit in court with a halo over his head, and so you can say look how many times Ken offered to settle! That wouldn't surprise us at all, given your practice of attaching a large pile of exhibits to your declarations without any testimony from you concerning their truth.'

Later confronted with such correspondence, Andrew's response was not apologetic. He indicated at one point it might have been "unfortunate," but that was it. In his words, 'So I should note if I caused undue emotional pain on the other side in terms of writing unpleasant letters, if I offended anyone, then that's unfortunate and certainly a learning process for me, but the fact is I am not on trial here. And, in any event, the attorneys on the other side-I'm sure they can handle it. Mr. Mike Merrill, I think, is a 35 year attorney, former Marine officer in Vietnam, has seen it all. Mr. Benoit is a 35- or 40 year family law lawyer. He's seen it all. Mr. Johnson was in the Navy, I believe. These are not attorneys not able to do lawyering because of unpleasant letters from a baby lawyer on the other side.' [Italics added].

The appellate justices observed that Jill's position on appeal was equally unrepentant where, referring to "the tone of some of [Andrew Watters'] written communications," she describes it as "the expressions (sometimes intemperate) of a young lawyer frustrated that Ken was systematically obstructing the search for the truth by his actions in resisting routine discovery, which is supposed to be self-executing. Ken and his attorneys then created a smokescreen that prevented the trial court from seeing the substance of the communications in context."

Strong, strong language. An important caveat for the lawyers who will inevitably attempt to use Davenport to support sanctions' motions for uncivil conduct by opposing counsel is that just accusing the other side of behaving like Mr. Watters may itself seem abusive to a trial court. While the justices' opinion does not appear "overstated" given a record so rich in illustrations of what not to do, I think we need to be careful not to ourselves overstate it, or to try to fit conduct we don't like into a Davenport box where that conduct fails to speak for itself. That is a species of risk that has blunted the edge of Feldman claims since that decision was rendered, making it a less viable tool for under-empowered litigants. The corollary is that "trance begets trance." We don't want to make the same mistakes and so seem as aggressive as our opponents.


 The Adversarial Tone Continued On Appeal

Accordingly, Jill was ordered to pay $100,000 in sanctions plus $304,387 in attorney fees to Ken. Unfortunately for her, Wife's attorneys' strategies on appeal remained obdurate. By this point Andrew Watters had gone "walkabout" and left the firm (following the trial court decision). O'Brien, Watters continued with the same verve as it had at the trial court level. For example, their briefs targeted Judge Cerena Wong with a number of  arguments that one (including the appellate justices) might find to be offensive. The appellate court stated "[i]n sum, Jill manifests a treatment of the record that disregards the most fundamental rules of appellate review."

For instance, in addition to being highly histrionic, Jill's appellate arguments scolded the judge, accusing her of relying on inadmissible evidence while ignoring admissible evidence. Jill's brief posed the question: "Imagine if a high school civics class had been on a field trip to the court that day. How would the teacher be able to explain to his/her students that the judge said she would not follow the rules?" It is mind-boggling that seasoned attorneys would argue that high school students would see that the judge was not following the rules when the judge herself could not. Of course, the appellate justices concluded that just the reverse was true, and that all of Judge Wong's conclusions were well supported by the record and the law but that Jill and her "team" lacked a comprehension of the rules of evidence and basic propriety. 

Frankly, Wife's team had reasons to be concerned about Judge Wong's treatment of the evidentiary objections, but is it possible that in assailing the trial court with the tone that they apparently used that this triggered a defensive reaction in the appellate justices which ultimately took center stage over the legal issues?

Jill argued that whatever the appropriateness of the statements made by attorney Andrew Watters, such communications were covered all by the "litigation privilege" set forth in California Civil Code section 47 and hence could not properly generate a sanctions' award. Similarly, Jill on appeal argued that Andrew Watters' communications were protected by the bounds of free speech and zealous advocacy. Not so ruled the Court. Family law is not the Wild West, nor is it a frontier where "anything goes".


What Went Wrong
(Or, 'Should People Living in Glass Houses Throw Stones')

We family court lawyers are not entirely to blame for getting lost in the dark woods of adversarial divorce to such an extent that some misplace their ethics or, as here, lose control of our emotions - our clients' experiences of divorce are devastating, and lawyers respond to the felt needs of the consuming public like any other industry. Some clients entice us with a willingness to pay "whatever it takes" to personify their angst in formulating our strategies for them - and it is extremely difficult not to become enmeshed in their emotional struggles to an extent that blur the boundaries between their experiences and perspectives and our own.

Particularly as a younger lawyer I confess at times I was deluded into buying my clients' attitudes and personalizing the pain within the stories, and sometimes adopted an arrogance and one-sidedness in accepting their views as the entire picture. This remains a struggle for me at times today. Caring, which I suspect all the members of the O'Brien law firm share, is what is honorable about "zealous advocacy." Unfortunately, relationship wars tend to challenge us all beyond our capacity to stay mindful - within depth of caring lies a trap. We can care too much, and strong emotions in any direction are a potent drug. I for one need to constantly reground myself, and to release the ferocity that accumulates from the frustrations of interacting with high conflict litigants and attorneys. And since this is so for me, it must be so for the others - a realization that can offer some balance and even crack a door to forgiveness.

The Mission Statement of O'Brien, Watters & Davis LLP as published on their website identifies their aspirations as follows: "To render quality legal services and maintain the highest ethical standards; to provide excellent service to clients; to use our best efforts to have our clients succeed and achieve results; to make a reasonable and fair profit; to maintain an excellent reputation in the community and within the legal profession; to be actively involved in and give service to the community; and to have mutual respect and support for one another." I trust that they mean this. Something strikes me as odd, however, about it. I sense a wisp of a sentiment that implies that rendering quality legal services might be inconsistent with maintaining the highest ethical standards; that excellent service is only measured by achieving results, which in traditional lawyer-speak means winning (and not necessarily settling) cases; and that achieving reasonable and fair profits is dependent on strategies for winning adversarially. I guess it is hard to not interpret their advertisement outside the light of what went on in Davenport

O'Brien Waters, me the writer of this Blog, and you the reader are given the invitation and opportunity to reflect upon, re-evaluate, and close the gaps between our intention and actions, every day. Which is always a good reason to be grateful, since we can dust ourselves off and start out anew.  

Marriage of Davenport is a wake up call. Andrew Watters is no demon, but this case contains a concentrated dose of the pitfalls of the adversarial paradigm. Is anybody listening?

Save yourself unnecessary grief and expense, and live a longer life. Seek out family law specialists who have the genuine desire and interest to help you set (and reset as required) a tone that might free you from this mess, rather than binding you more tightly within it!



I believe that the law firm that assisted Ken in this case deserve recognition and naming for their role in this landmark case: Perry, Johnson, Anderson, Miller & Moskowitz by John E. Johnson and Deborah S. Bull. Congratulations!


Thurman W. Arnold, III, C.F.L.S.

Continue reading "Marriage of Davenport: Trial Court SANCTIONS Wife Under FC Section 271 for Her ATTORNEYS' "UNBRIDLED AGGRESSION" In Family Court Proceedings!" »

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December 18, 2010
  Ontario, Canada Trial Court Finds PARENTAL ALIENATION - An Example of How Not To Behave!
Posted By Thurman Arnold

A Cautionary Tale:

How Not to Run Your Separation and Custody Battle

Los Angeles Family Law Mediator Forrest S. Mosten recently shared this newsworthy trial court opinion with me, and it is making the rounds among listservs for Collaborative Lawyers who have an abiding desire to help others avoid exactly the sorts of behavior that certain high-conflict families generate, as are illustrated here to such a degree that a father has lost all contact with his daughter. I find that Christmas for some folks becomes a battling holiday, and I urge you to undertake a different path beginning today for your sake and those who depend upon you.  This is a wonderful example of what to avoid at all costs.

On November 29, 2010, Judge J.W. Quinn issued a thoughtful and stinging rebuke of two parents behaving abominably in their dissolution and custody battle. This unfortunate family's case is entitled McQuat vs. McQuat. The court's ruling begins:

"Paging Dr. Freud. Paging Dr. Freud.

* * * This is yet another case that reveals the ineffectiveness of Family Court in a bitter custody/access dispute, where the parties require therapeutic intervention rather than legal attention. Here, a husband and wife have been marinating in a mutual hatred so intense as to surely amount to a personality disorder requiring treatment....

... [I]t is not surprising that Larry and Catherine are having problems, serious problems, regarding the custody of, and access to, their children. The source of the difficulties is hatred: a hardened, harmful, high-octane hatred. Larry and Catherine hate each other, as do Larry and Sam. This hatred has raged unabated since the date of separation. Consequently, the likelihood of an amicable resolution is laughable (hatred devours reason); and, a satisfactory legal solution is impossible (hatred has no legal remedy)."

The decision details allegations of multiple death threats between the parents, between the parents' relatives and the other parent, between the new spouses and the other parent, changed locks on the residence, assault by Van, interferences with visitation, interrogation of children about the other parent, threats of jail, and a stream of abusive texts and phone calls, arguments that the children should be separated and divided between the parents, alienating behaviors even after court mandated counseling sessions, and more.

The court found the mother's behavior to be the more problematic of the two - "Had [mother] fulfilled her dual parental duty to foster and encourage access between [dad] and [the child] and not to speak disparagingly of him in the presence of [the child], I am confident that this case would have unfolded differently."  By the time of the trial the 13 year old daughter was so alienated from her father that the Court felt helpless to devise any remedy to repair the damage.  It made the following findings:

"(1) The alienation was not present before Larry and Catherine separated; (2) This is not a case where Taylor [13 year old daughter] has weighed the good and bad attributes of her father and found him, on balance, to be parentally deficient: she sees Larry as all bad - there is no ambivalence to her feelings; she is not disguising her true feelings; (3) Larry, although well-intentioned, is an inept father, who has not taken steps to identify, and fix, his shortcomings as a parent; nevertheless, the utter rejection of him by Taylor is disproportionate, unfair and unwarranted; (4) . . . Taylor has aligned herself with Catherine whose hate for Larry is palpable; the battle lines are clearly drawn and Taylor knows the side that she wants to be on; (5) I am unable to think of anything that Larry can do to quickly repair the damage in his relationship with Taylor; and, if I could, I have doubts that he has the skill-sets to pull it off; (6) I did not hear evidence of a single instance of Taylor, since separation, expressing love or affection for Larry; (7) Although children are often required by their parents to do things that they do not want to do, obligating Taylor to visit her father or to engage in counseling is considerably more complicated than insisting that she do her homework or go to the dentist; (8) The history of the parties is such that there is no reason to think they would meaningfully take part in, or benefit from, therapy or counseling; (9) While it is Catherine's duty to encourage and support a relationship between Taylor and Larry, that duty has been breached too severely to be remedied by the court; (10) It is not realistic to expect that the parties have the incentive and finances to engage in the extensive therapy and counseling that are needed; (11) Depriving Catherine of custody (sometimes an appropriate way of dealing with an alienating parent) would not benefit Taylor at this point.

It is my view, sadly, that the alienation here is so severe that it is in the best interests of Taylor not to order or enforce access by Larry. If access happens, fine.

Without professional help, Larry is incapable of addressing the breakdown in his relationship with Taylor. Although, as I have said, well-intentioned, he is an ineffective parent and, without counseling and other assistance, he will remain ineffective. While Catherine, aided and abetted by Sam, initiated the alienation of father and daughter, Larry has not improved the situation. But, I emphasize the fundamental fact that Catherine's conduct is the sine qua non of the alienation.

Absent counseling, matters will worsen, not improve. No practical purpose would be served if the court were to decree a schedule of counseling for the parties and the children. The hate and psychological damage that now prevail would require years of comprehensive counseling to undo. The legal system does not have the resources to monitor a schedule of counseling (nor should it do so). The function of Family Court is not to change people, but to dispose of their disputes at a given point in time. I preside over a court, not a church.

Larry might consider some common-sense steps, such as cards, letters or gifts, to show that he is receptive to a relationship with Taylor should she have a change of heart. However, he would be wise to have those steps independently vetted by a responsible person (preferably, a professional in the child-psychology or family-counseling field)."



I often write about divorce insanity, and how reactivity and anger when relationships end sometimes disintegrates into a form of mutual trance that is humiliating to the parties and harmful to their children. It takes on a life of its own, and at its worse seems impossible to stop until it collides with the minimal standards that courts and governments impose upon families; even then that collision at best results in a court imposed outcome where much decision-making is stripped from the parents, and of course government cannot follow the parties home once they leave the courthouse. The conflict becomes a matter of public record, visible for all to see including strangers like us.

This case is a strong argument in favor of mediation or collaborative divorce, although the McQuats evidently were not likely candidates for such processes (ironically, they had a settlement agreement that called for mediation and yet both chose to ignore that promise).

I say "evidently" because I wonder whether their journey might have been redirected had they or someone intervened early on - their mediation provision offered that opportunity (although the husband challenged the entire agreement and the Court was first required to decide whether to set it aside before addressing whether mediation was enforceable).  Judge Quinn pointedly found that "[t]he alienation was not present before Larry and Catherine separated." I see this is a clear statement that the parties' circumstances by the time of trial was a consequence of the post-separation and litigation experience, and not something that was otherwise inevitable had anyone considered de-escalating early on.
 
Their case is on the far end of the spectrum of dysfunction. Possibly you will read something here that will help you dial back similar conduct or impulses that the hurt part of you is considering, and to ring a bell for you that might cause you to consider an alternate route before your divorce begins to escalate. Perhaps you know someone in acute divorce crisis, and this cautionary tale will help motivate you to support them by encouraging them to behave differently than what their emotional upset drives them to do. Sadly for the McQuats, it appears their family members only served as boosters for their bad behavior. This family looks to be irretrievably broken, and while it is never too late there is a mountain to climb that was once merely a hill.

Thurman Arnold, CFLS
December 18, 2010
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November 28, 2009
  Domestic Violence and SHELTER FROM THE STORM
Posted By Thurman Arnold

Coachella Valley Shelter From the Storm

I visited the administrative center for the Palm Desert based Shelter From the Storm on November 11, 2009, and met with its Executive Director, Lynn Moriarty, for approximately 90 minutes.  Ms. Moriarty was extremely generous with her valuable time, open about the shelter's policies and functioning, and knowledgeable about its extensive facilities.  She has directed the Shelter for more than 15 years, almost since its inception. 

Shelter from the Storm opened with an emergency shelter of 30 beds in 1993, a staff of 25 employees and paraprofessionals, and two outreach offices.  It is the only domestic violence shelter operating in the Coachella Valley (Banning to the west, Indio to the east).  It has enjoyed tremendous community support and phenomenal growth since that time.  Ms. Moriarty reports it is one of the largest and most comprehensive of the more than 2,000 women's shelter facilities that exist today throughout the United States, with informal affiliations with a number of these other organizations which becomes particularly useful when physical danger to a women and her children becomes so acute that they must be relocated to another community.

The agency had expanded to over 45 employees placed at ten distinct locations in and about the Coachella Valley, but recent financial limitations have forced some cutbacks.  The Shelter includes a psychiatrist, a M.F.T. clinician, a M.S.W. clinician, and a Chemical Dependency Counselor.  Shelter From the Storm is a 501(3)(c) non profit corporation which receives grant monies from various federal, state, and local governmental agencies and private charitable donations.

Shelter From The Storm's mission statement includes providing comprehensive services to victims of domestic violence - "professionally, ethically, and compassionately."  Its vision includes continuing to bring to victims of domestic violence who are residents of the Coachella Valley the highest quality of service and human warmth, and to continue to increase the scope of volume of its services.  In practice, it offers a wonderfully diversified and complementary constellation of services.

       Shelter From the Storm offers the following facilities and services:

·      The original emergency shelter now includes up to 72 beds, plus cribs, in some fifteen bedrooms each containing up to four bunk beds and a bathroom.  There is a large common area  and an industrial sized kitchen where the women and mothers cook for themselves, children, and each other.  Some 70 to 75 percent of the population is children, and many are infants since intimate partner abuse often begins during pregnancy.  There are two on-site schools for children aged pre-K to twelfth grade, and a preschool and teachers o staff.  SFTS is one of the relatively few shelters that will accept children and teens at age 12 and above.  Given the preferred demographic of a ratio of 30 beds per 250,000 people in a community population, the emergency shelter is adequate to support the current permanent Coachella Valley population which was 410,000 persons according to a Palm Springs Destination Marketing Analysis in 2005.  The population is projected to be 478,939 by 2010, and 607,826 by 2020.  The Shelter boasts no waiting lists.   The average stay of women coming into this shelter is 45 days.

·      There are seven Outreach Centers in the cities of Coachella, Desert Hot Springs, Indio, Rancho Mirage, Palm Desert, and Palm Springs.

·      In 2000 the Edra Blixeth Community Counseling Center/Business Office was opened. Available to the entire Coachella Valley, the Center provides professional, individual and group counseling, case management, advocacy and crisis intervention services to abused women and children who have completed an emergency shelter stay or to community members who are not currently in need of emergency shelter.  Some educational services are offered to male victims of domestic violence at this facility.

·      The Florence Ridgon Long Term Transitional Housing Program offers a twenty-unit, two bedroom campus (128 beds) for women and children who have resided in an emergency shelter and who require additional time to attain emotional and financial sell-sufficiency.  Its goal is to serve as a "healing 'bridge' between the traumas suffered as a result of abuse and for re-entering the community as a productive and stable family unit."  To remain these women must work and/or attend vocational training and must save at least 30% of their incomes so that they will have a financial foundation for independence upon leaving.  This housing is available for up to two years for women and their (mostly) pre-adolescent children.

·      The Indian Wells Medical Clinic at the Emergency Shelter provides treatment for injuries, primary care, acute and preventive pediatric care, adult medical care, and gynecological care for residents.

·      The Teen Dating Violence Prevention program is offered to schools at no cost and is facilitated by specially trained SFTS staff.  SFTS believes is must be proactive if it hopes to help future generations maintain violence-free relationships.

·      The Helen Reinsch Legal Clinic.  This has historically provided desperately needed legal assistance and representation for shelter clients, but the availability of services has recently been negatively impacted by budgetary constraints in today's economic climate.

Many of the women who find the Shelter learn of it from police, who are mandated to carry cards in Spanish and English, or from emergency rooms, which are similarly mandated.  Some learn of the shelter through non-emergency hospital and medical referrals.  There are a number of referrals from "private partners."

Ms. Moriarty noted that there has been an increase in the number of women contacting the shelter from poor and disadvantaged populations, those challenged with fewer resources, and lower social and economic groups including the less educated.  This is particularly the case as the number of available psychiatric facilities has dwindled to almost nothing.  For example, there are no acute psychiatric beds available within the Coachella Valley.

Shelter From the Storm has its informational website at:

http://www.shelterfromthestorm.com/-index.htm

Additionally it has a crisis hotline which is always covered by at least two persons.

1-800-775-6055

1-760-328-7233 (local)

SFTS receives from between 2,500 and 3,000 calls yearly.  The hotline receivers are trained to do crisis assessments for suicidality and acute physical injury, requiring immediate referrals to hospital emergency rooms, among other things.

To be admitted to the emergency shelter women victims must meet certain criteria.  Depending upon the emotional status and background of the victim, interviews may be completed as quickly as within 10 minutes.  These criteria include:

·      They must be victims of intimate partner violence.

·      They must be physically able to take care of themselves and their children, although women with disabilities will not be turned away.

·      They cannot be actively using alcohol or illegal substances.

·      They cannot be seriously mentally ill.

·      They cannot be a danger to themselves or others.

·      They must begin from "a safe place" where they can escape without being followed.

·      If taking prescribed medications, they are asked to bring these with them.

·      "Shelter hoppers," i.e., women without resources who are seeking to avail themselves of a shelter and food, may be discouraged if they do not qualify as intimate partner victims.

Upon meeting these criteria, the women are told to drive to a nearby location so that a meeting may be arranged at a drop off point.  In some cases the women are given directions to the shelter itself, where their vehicles are hidden from view.  The key concern is not just the safety of the new client, but of all the women in shelter and in ensuring the continued secrecy of the location(s).  Once the women arrive, any children are immediately given a toy or animal as a transitional object.  Then, case management begins.  The Shelter emphasizes the need for women to have or to develop a plan quickly, and to utilize all available resources which are available and which they are directed to.

If as sometimes occurs a woman returns to the batterer, she will not be readmitted if it is determined that there is any threat to the safety of the shelter itself - it infrequently happens that a woman has disclosed where she was during her absence.  The safety of the facility, and of the resident group, must remain paramount.

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