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Friday, May 15, 2015

INFORMATION ON MARALEE MCLEAN'S BOOK "PROSECUTED BUT NOT SILENCED"!

Biography of the Author:

MARALEE MCLEAN: Maralee is a child advocate, professional speaker, and author of PROSECUTED BUT NOT SILENCED: (Courtroom Reform for Sexually Abused Children) Maralee has several articles published in the ABA Child Law Journal, Women's E-News, NPEIV, on the problems in our family courts to protect abused children. Maralee McLean is with Women's Media Center (WMC), SheSourceExpert, NPEIV (National Partnership to End Interpersonal Violence and RAINN Speaker bureau. Maralee is a passionate and driven force in domestic violence and child sexual abuse and speaks at Conferences, Law Schools and is a spokesperson for Protective Mother's. Maralee's involvement in legislative work spans two decades. She testified before Congress to promote judicial accountability to better protect sexually abused children's rights in our courts. She has been covered by many local media outlets, and her story has been covered internationally on CNN.


Summary of the Story:

A powerful documentary about a mother and daughter's tragic involvement with the judicial system when there were allegations of child sexual abuse. This riveting book is a must read for all those working in the fields of domestic violence, child abuse, or child trauma so they can realize what does occur even today. It is important to ensure that all judges, attorneys, mental health professionals, medical personnel, child custody evaluators, and social workers are trained in the dynamics of such maltreatment so that there are no more situations like what happened to Maralee and her daughter.

Link to the Book:

http://www.amazon.com/Prosecuted-but-Silenced-Maralee-Mclean/dp/1620240637

MARILEE MCLEAN SPEAKING ON HOW TO OBTAIN MEDIA COVERAGE OF YOUR CASE!

BARRY GOLDSTEIN AND ANDREW WILLIS PROVIDE JOINT PRESENTATION AT BMCC 2015 IN NEW JERSEY!

NANCY S. ERICKSON, J.D., DR. KARIN HUFFER, AND JANE DOE SPEAK ABOUT INVISIBLE DISABILITIES IN THE COURTROOM AND THE ADA AT THE BMCC 2015!

Nancy Erickson stated as follows:  In my work in litigation, I see that the fathers would abuse the mother who would then develop PTSD or some other form of mental illness.  The mother would then come across very badly in psychological tests and lose custody.  

These tests are not meant to figure out whether you are a good parent and they cannot really arrive at such conclusions, but they are misused for that purpose.  

PTSD is extremely common among battered women.  If you look at these percentages, there are studies indicating that among women in DV shelters 40-89% have PTSD.  PTSD is not what you would really call an illness.  It is an injury.  The best way to think about it and explain it to the court is that we are starting to learn about it.  Soldiers returning from combat have PTSD.  All of the research money is out there to treat PTSD, not for DV, but that which results from combat.  

There are similarities and also differences.  PTSD from DV is worse, because you have been traumatized by someone you thought was going to love, protect, and take care of you--not an enemy, but a person you trusted.  Thus, your trust in the whole world has gone.  So it is an injury.  

PTSD is defined in the DSM-5 as follows:

1.  You had to have had a trauma; 

2. you have to have the requisite numbers and kinds of symptoms, i.e. one or more--sort of like a restaurant menu in a Chinese restaurant:

A. intrusive thoughts--nightmares of the abuse, flashbacks or dissociative reactions, not a memory, an oh my God, I am back there again, distress at exposure to external or internal cues regarding what happen, physiological reactions to external or internal cues; 

B. avoidance, avoidance of thoughts and feelings of this event, avoidance of external reminders: people, places, activities, objects; 

C.  negative changes in cognition/mood, can't remember something that happened, change from before to afterwards, loss of trust, distorted thought like blaming yourself, anger, feelings of detachment or estrangement from others, memory problems, and persistent inability to experience positive emotions; 

D.  changes in arousal or reactivity such as exaggerated startle response, hypervigilance, problems with concentration, sleep disturbances, suicidal behavior or ideation.  

I sometimes like to give the Court the following analogy if they are considering taking a mother's children away from her based upon PTSD.  What if the abuser had taken a sledgehammer and crippled the mother for life because he destroyed her knees and now she can't walk.  Then he comes to court and says, your honor, she can't even walk how can she be a parent?  Yet he caused this problem!  

This is not something is biochemical; this is an injury caused by the perpetrator and will stop once the constant abuse is over.  Are these symptoms always at play?  No.  You have PTSD, but it isn't triggered all the time, only when in Court or facing the abuser, or having to see him in court.  In other words, PTSD is often episodic, which is covered under the ADA.  

Jane Doe mentioned requesting breaks, obtaining reduced price transcripts, pencil and paper to take notes on the stand, breaks, etc. as her accommodations under the ADA.  The ADA Amendments Act of 2008 has expanded and extended the civil rights of people with disabilities.  

Dr. Karin Huffer began her presentation taking note of Jane Doe's situation.  She has broken heart syndrome where the pressure of family court has caused her heart attacks.  

If you are in a situation like Jane Doe, says Dr. Karin Huffer, the first thing to note is:  1.  You are not crazy; 2.  You are not alone; 3. You have rights under the ADA.  

The ADA empowers us with a powerful federal tool so that victims of DV can stand up for themselves.  Family courts are a maze where you can end up being abused more because your abuser controls family court the same way he controlled the family.  

In this situation, the ADA can help you.  For instance, you can obtain accommodations under the ADA to undergo a deposition in writing in your own time rather than being put on the spot in an oral deposition.  

It is critical to have a person in your life to address the disability issues when you are in a court proceeding.  

When you request an ADA accommodation, you only have to provide a single diagnosis.    So don't feel you have to provide more than one.  A request for accommodation is administrative; it is confidential and does not belong under discussion in court.  

Federal Court also has to comply with the ADA as well even though they will deny that.  And this is why.  PTSD interferes with expressive speech and so without the ADA a litigant is unable to communicate effectively with the court.  

In addition,  Federal law supersedes state and local law.  

You don't file a motion with the judge.  You go to the clerk ex parte.  

People with invisible disabilities often need extra time; they need a stay, they need a break, etc.  People must have executive functionality--anything that takes it away is not lawful.  

It is my view that Family Courts have become a public health crisis and must be treated as such.  

Consider whether it makes sense to have a psychological evaluation which is intended to take your child from you if they find a disability vs. a disability asssessment in order to address the accommodations you need in order to function.    

One trick of the abuser is to litigate you to the point of bankruptcy.  We need to address this issue.  

Finally, we need to train ADA advocates to be in those courts.  If these advocates can get all over these courts like an anthill, they will not be able to do this any further.

BARRY GOLDSTEIN AND ANDREW WILLIS SPEAK ABOUT THE STOP ABUSE CAMPAIGN AT THE BMCC 2015!

The mission of the Stop Abuse Campaign is to stop abuse.  First, there is the right of every single victim is not to be a victim at all.  Victims rights for us should start before victims are even made.  

In regard to adverse childhood experiences--you only need two. One being separated from your mother, two your father is an alcoholic, and your chances of being an alcoholic are doubled.  Five incidents improve the chances that a person will be an intravenous drug user.  

Adverse childhood experiences lead to incredible damage for children.  

Stop them before they start.  

Our website produces blogs each day on prevention of abuse.  We advocate for changed public policies.  We have an enduring belief that abuse and neglect can be prevented by changes in public policy.  

Today we do know what to do, the science exists, i.e. The Quincy Solution, The Child Safe Act.  These approaches will stop the nonsense going on in family courts today.  The programs we advocate for, everyone of them is evidenced based.  They are researched.  The problem with abuse and neglect can stop.  All we have to do is change public policy.  

F.Y.I., in two weeks we hope these policies will be introduced in New York.  

Prevention is a local business.  It isn't something for which you can go and knock on the federal government's door.  Each state has to pass this legislation.  We need to go community by community.  

The relationship between domestic violence and child abuse is very close, so when you limit DV, you limit the other.  

So how can you help?  Here is what you can do.  We have put together a basket of public policy, sort of a manifesto, and now what we have to do is sell it.  Because when we enact that, abuse stops, including DV.  

What we need is your help and money.  If you can, go to our website.  If you can make a donation on a recurring monthly basis, we can start budgeting it.  This includes marketing brochures, etc.  A small contribution every month is better than one large one.  

There's different kinds of volunteer work you can do--you can do P.R., mail chimp, word press--or else you can lobby or just spread the faith.  Evangelize the news to as many people as you can, share with them on social media.  The more you share, the less we have to spend on promoting them.  

Recruit your friends--have tupperware type parties but on instead share the Stop Abuse Campaign.  Talk about the sexual abuse problem we have in this campaign.  Talk about how abused mothers who will find it difficult to parent because of the abuse.  Then pass a hat and get ten dollars from each person and we'll take care of it very well.  

Andrew Willis is not a lobbyist, but still the Stop Abuse Campaign needs to find ways to get the program funded.  

We need at least two protective mothers who can act as administrators in groups on Facebook.  

Working together we should be able to stop these problems.  

We are looking for professionals.  

We are working on grants and sponsorships from businesses.  

We are putting together consistent, regular, content online regarding adverse childhood experiences.  More people need to hear about what we are doing.  Up to 20,000 - 30,000 are visiting our website per month, and we need more.  

So we are counting on you!  Every single one of us here at the Conference is capable of making change happen.  And I know that.  All of us.  I know that because we are doing that in New York with a group of activists who have no background in politics.  

So many of us have no experience in changing laws, but we are going to do it now.  Each one of us has a sphere of influence, people in positions of authority, others who have considerable finances available.  Let us know about these folks and we will help you to connect with them so they know how important our work is.  

I have reasonably high hopes that we can succeed in this work.  We have activists in states everywhere, i.e. Pennsylvania, Connecticut, Florida, Ohio, etc. Together, we can make this nonsense stop.  

Barry Goldstein adds:  We need to tell media when violence occurs that The Quincy Solution could have stopped the domestic violence.  

A few years ago we were in Washington, D.C. intending to lobby at the House of Representatives when they decided to shut down government.  We were concerned we couldn't meet with political leaders.  Around that time, we noticed an article indicating there was a problem with poison ivy in the parks around town.  Apparently, goats love to eat poison ivy and were positioned in parks to control the plant.  However, when the government was shut down, then the goats had to be sent home.  

Goats protect their kids, just as we protect our children.  Since that time, we have taken on the symbolism of these goats.  They do what everyone should do which is protecting their kids.  At the conference, we honored the Netherlands for protecting Holly Collins and her children.  The ambassador from the Netherlands said, "It is really very simple.  We must protect the kids.  And this is what we are here for."  

BARRY GOLDSTEIN SPEAKS ABOUT THE QUINCY SOLUTION AT THE BATTERED MOTHERS CUSTODY CONFERENCE 2015!

TOBY KLEINMAN'S REMARKS AT THE BATTERED WOMEN'S CUSTODY CONFERENCE IN NJ!

I am currently at the Clarion Empire Hotel listening to Attorney Toby Kleinman speak about advocating for a victim of domestic violence in court.  

Unfortunately, I was a little late getting in so I have missed some of the talk.  

She advised that when approaching the family court system you need to: 

1. have a real plan--don't throw yourself around; 

2. use analogies in order to illustrate what you are going through in a more impactful way; 

3. make sure that the evaluator in your case has experience in understanding domestic violence, appeal if you have to because this is so important; 

4. understand that the court doesn't understand the impact of domestic violence, so make sure you include impact statements in your motions; 

5. raise the issue of abuse in advance of your case so that you can strategize on how to address it; 

6. have a parenting therapist who can provide observations in regard to your parenting ability; 

7.  do not just trust you attorney.  Your attorney needs to earn your trust.  If you attorney does not appear to be defending you, don't just put up with that.