William G. Knebes will sit as pro tem commissioner in the Clallam County Superior Court Family Court on August 2, 2019. Mr. Knebes retired as as Commissioner in the Family Court, and he continues to serve as a private mediator. Mr. Knebes was awarded Jurist of the year during his term as Family Court Commissioner.
Practice areas
Alex Schodowski is commissioner pro tem July 2019
Alex Schodowski will sit as pro tem commissioner in the Clallam County Superior Court Family Court July 1-12, 2019. Ms. Schodowski is an attorney in Port Townsend, and has been practicing law since 2011.
CLE: Chemical dependency treatment by Stormy Howell June 7
Please join the Clallam County Bar Association for their CLE on June 7, 2019, Chemical dependency treatment and the justice system by Stormy Howell, J.D. The program starts at noon at the usual location. For more information, contact CCBA President Donna Knifsend at 360-670-9406.
Local Mandatory Arbitration Rule 1.3 amended
LMAR 1.3, Claim Limit was modified effective September 1, 2018. It reads:
The limit for claims subject to mandatory arbitration is $100,000.00, exclusive of interest, attorney fees and costs. For the purpose of this rule, a “claim” is defined to be the net value of the claim, after all reductions for comparative negligence or setoffs.
Free Legal Clinic June 15 2019
Clallam and Jefferson County Probono Lawyers Presents: Free Legal Clinic
This general legal clinic runs from 12PM to 2PM at the Masonic Lodge in Port Angeles, 622 South Lincoln Street, and provides a free, drop in, legal advice clinic, for low income residents of Clallam and Jefferson Counties. Participants will have the opportunity for a free one on one consultation with an attorney who can address questions regarding the following topics:
Child Support
Landlord/Tenant
Creditor/Bankruptcy
Foreclosure
Dissolution
Domestic Violence
Wills & Estate Planning
Custody
Public Assistance
Employment
Those interested in participating in this event should bring to the clinic, all relevant paperwork regarding their legal matter or questions.
For more information, please call or email: 360-504-2422; [email protected]
For those interested in volunteering their time, please contact Shauna Rogers McClain.
CLE May 17, 2019: discovery, depositions, trial advocacy by Sal Mungia
The May 17, 2019 bar lunch CLE focuses on discovery, depositions and trial advocacy. If you don’t know Sal, the presenter, you should! I have seen him present before and highly recommend. More information about Sal is below.
All CLE donations directly support Clallam Jefferson County Pro Bono Lawyers.
Ariel Speser
Past President, CCBA
“The highest calling of any lawyer is to give a voice to those who have no voice and to restore hope to those who have forgotten what hope looks like.”
Salvador Mungia
Salvador A. Mungia
Over the last 30 years, Salvador A. Mungia has worked vigorously to advance equal justice. Sal has committed his career not only to his clients but also to the improvement of the justice system. He has served his profession by being president of the Tacoma-Pierce County Bar Association in 1999, president of the Washington State Bar Association in 2009, chair of the Equal Justice Coalition from 2016-2017, and he currently serves on the board of the Endowment for Equal Justice and the Washington State Access to Justice Board. However, Sal considers his highest achievements as those times when he has represented individuals in both state and federal court, both individually and in class actions, free of charge to protect their rights so that he can do his part to ensure that those without any power are not taken advantage of.
A partner at Gordon Thomas Honeywell, Sal generously gives his time, his money, and brings unbridled enthusiasm to the legal community in his quest to serve and make a difference in the lives of those for whom justice is frequently out of reach. He has devoted thousands of hours of pro bono representation in class action and individual civil rights cases and where fees have been awarded, he has donated them back. Sal’s leadership, accomplishments, and his lifelong dedication to civil legal aid are recognized by the Tacoma Pierce County Bar Association, Washington State Bar Association, Access to Justice Board, Washington Association for Justice, ACLU of Washington, Northwest Immigrant Right’s Project and Endowment for Equal Justice, among others.
Sal is the type of leader many aspire to be and the legal aid community is proud to recognize and honor him.
Ariel Speser
Study: how to change DV behaviors
The Process of Primary Desistance From Intimate Partner Violence suggests three things people can do to reduce domestic violence behaviors and the thinking patterns that drive the behaviors. To reduce coercive control behaviors, people and remove external stressors, promote stability in their life, and develop a supportive environment.
In my view, from a psychological, developmental, and attachment perspective, one of the main challenges is discovering what the “external” stressors are, because they likely involve internal stressors related to their experience as a child. It is not easy to discover and address the deeply seated stressors. Obvious stressors include financial issues, unclear communication patterns, poor sleep, etc. Less obvious stressors are subjectively perceived dangers.
Common dangers for people who tend to engage in coercively controlling behavior, and which drive internal stress and external behavior include:
- Abandonment, and being alone,
- Not being in conflict,
- Not being true to one’s own feelings, even if in conflict with other people’s desires,
- Not attending to relationships, letting important people not attend to oneself,
- Believing that others will do as they say,
- Ambiguous reactions by others,
- Compromise, and
- Delaying gratification
From an attachment perspective, it would likely also be necessary for the person to develop understandings of what constitutes danger to them, and new strategies for how they respond to perceived danger. What these changes might look like will be different in any individual case. Absent such fundamental changes, concern should remain about the likelihood of significant changes in coercive control behavior and the underlying thinking patterns.
The Process of Primary Desistance From Intimate Partner Violence Kate Walker, Erica Bowen, Sarah Brown
Violence Against Women, First Published August 15, 2017 Research Article Abstract
This study examined the interaction between structure and agency for individuals in the first or early phase of primary desistance (1 year offending free) from intimate partner violence (IPV). Narrative accounts of perpetrators, survivors, and IPV program facilitators were analyzed using Thematic Analysis. Changes in the self and the contexts, structures, and conditions were necessary to promote desistance. Perpetrators made behavioral and cognitive changes taking on different identities (agentic role) by removing external stressors and instability within the confines of a supportive environment (structural role). Findings provide a theoretical framework of desistance from IPV that integrates social processes and subjective change.
Copyright Mark Baumann, 2019
Study: DV increases during major sporting events –reasons and solutions
Research shows that domestic violence increases during times of major sporting events such as the world cup. Reasons that are often cited include increased tension, investment in the outcome, disappointment, adrenaline, and intoxication. https://www.cnn.com/2018/06/18/football/world-cup-domestic-violence-united-kingdom-campaign-trnd/index.html. From our perspective, this is best understood from attachment and rejection theory perspectives.
Attachment perspective. Domestic violence is associated with adults who have an affectively-oriented attachment structure, or a “C” pattern. These patterns tend to rely, to one degree or another, on affective information, rather than cognitive information to guide thoughts and behavior. That is, feelings, especially “elicited negative feelings” in the body provide the neural system with preferred information, and intense feelings tend to drive intense thoughts and behaviors. Intense feeling can override cognitive information, such as the thought “I should control my feelings because if I don’t I might do something I will regret.” (Crittenden, Patricia M., and Spieker, Susan, J., (2018), Can attachment inform decision-making in child protection and forensic settings?, Infant Mental Health Journal, 39:6, 625-641.)
Rejection theory perspective. From a social science rejection theory perspective, attachment C-patterns can involve the increased likelihood of angry responses to relationship threats, increased history of relationship abuse, increased feelings of jealousy, a tendency to perceive partners in a negative light, and struggle between wanting and avoiding intimacy. These are all elements common to people who tend to be sensitive to rejection and respond with aggression. There are two types of relational rejections that are important to understand. Perceived low relational evaluation: a person may feel rejected when their perceived relational evaluation is not as high as they desire (even though they may recognize they are valued, liked, or accepted). Relational devaluation: a person may feel particularly rejected when they experience a subjective, sudden and dramatic devaluation in a relationship. (Leary, Mark R., Twenge. Jean M., Quinlivan, Erin, (2006), Interpersonal rejection as a determinate of anger and aggression, Personality and Social Psychology Review, 10:2, 111-132.
As noted in the CNN article above, expectations and the game’s outcome can make a difference. A 2010 British study found that violence spiked during the World Cup tournament only if the English team won or lost, not if the game ended in a draw. In a 2015 British study, violence spiked if expectations were high –either because of who was playing, where the games was played or because of the significance of the match.
Putting the data and theory together. We can see that when a person evaluates their own self-worth based on the performance of a sporting team, and when they have an affective-oriented personality structure, they may be more susceptible to act upon intense feelings and less able to manage those feelings whether the team wins or loses, and/or if their expectation for the game outcome is set too high.
What can be done? Armed with foreknowledge about the risks, people with partners who tend to use attachment C-pattern behaviors (or people who tend to exhibit difficulty controlling their emotions and coercive control behaviors) can anticipate and be proactive. The studies suggest people can help put the games in a healthy context, provide healthy outlets to let off steam, be mindful to eat healthy food and moderate alcohol consumption, and keep a focus on positive places, people, events and things that elicit positive rather than negative feelings. For partners of these people, they can be be mindful about other potential relational challenges and rejections: they can be careful to avoid bringing up difficult issues, put off sensitive topics, redirect people whose behavior is escalating, or if sensitive issues cannot be avoided address them in a structured way or with helpful third parties present.
From a longer term perspective, it may be helpful to work with their partners to develop a good set of skills for:
- Managing emotions, such as by recognizing and labeling emotions (neurobiological drives) and feelings (the outcome of the neurobiological impulse),
- Learning to accept and talk about feelings,
- Develop mindfulness techniques,
- Partners may want to model such techniques and engage in practices like yoga and exercise to encourage partners to do the same.
Judges can support partners who are struggling to manage their partner/co-parent’s coercive behaviors. A few simple examples for how judges can do this include:
- Being respectful to all parties even as boundaries are held,
- Modeling affect management on the bench (not allowing a judge’s own emotions to rage),
- Enunciating behavioral expectations in a non-judgmental and non-humiliating way.
- Encouraging people who appear to use coercive strategies to engage in known emotion management activities and then demonstrate to the court their efforts to learn and apply learned skills.
Mark Baumann copyright 2019
Study: coercive control can continue after divorce
“I Was Naive in Thinking: ‘I Divorced This Man, He Is Out of My Life’.” That is the title of a study which identified 9 different ways a spouse might continue to control the other spouse after divorce.
The most common themes to emerge from the narratives were, in order of prevalence, as follows:
- Using the Children;
- Using Threats, Harassment, and Intimidation;
- Emotional Abuse;
- Economic Abuse;
- “Stuff to Try to Hurt Me”;
- Disrupting Her Relationships With the Children;
- Using the System; and
- Physical Violence.
The findings are not surprising to professionals who work with victims of domestic violence (coercive control).
The study found that “many women” simply give up everything just to get out. For some people, men and women, “walking away” is a reasonable option, and even a best option in some cases. For people ready to stand up for themselves, and who are not willing to simply walk away, obtaining help in court is possible if the judge is aware of the nature and persistence of coercive control. For people thinking about standing up for themselves, help can be obtained from any domestic violence agency, mental health professionals, and informed lawyers. Religious leaders, teachers, coaches, employers, friends, may or may not have awareness of the persistent dynamics of domestic violence.
“I Was Naive in Thinking, ‘I Divorced This Man, He Is Out of My Life’”: A Qualitative Exploration of Post-Separation Power and Control Tactics Experienced by Women
Michelle L. Toews, Autumn M. Bermea
Journal of Interpersonal Violence, Vol 32, Issue 14, 2017
First Published June 18, 2015
Abstract
The purpose of this study was to explore women’s perceptions of the
power and control tactics used by their former husbands post-separation.
A total of 22 in-depth interviews with divorced mothers who reported
male-initiated partner abuse (psychological and/or physical) during
and/or after their marriages were analyzed. The most common themes to
emerge from the narratives were, in order of prevalence, as follows:
Using the Children; Using Threats, Harassment, and Intimidation;
Emotional Abuse; Economic Abuse; “Stuff to Try to Hurt Me”; Disrupting
Her Relationships With the Children; Using the System; and Physical
Violence. We also found that the violent and coercive behaviors men used
during the marriage continued to influence the women’s perceptions of
the power and control their former husbands had over them
post-separation. As a result, many of the women described how they gave
up everything just to get out of their abusive marriages.
Court sees through bully’s story, wife’s slap appropriate
An abuser went too far and his wife slapped him, so he sought a restraining order. The court said no, her slap was an instinctive reaction to discovering his long-term lying about not having an affair.
In Fischer vs. Fischer, a California case, the wife caught the husband having an affair. He apologized a “million times” telling her it was over and that it had been a short term thing. She forgave him and they tried to work things out, and went to marital therapy. Months later, the wife saw his phone ringing and saw a picture of his mistress. She looked at the phone and saw numerous text messages indicating they not only were still having an affair, but had been doing so for a long time. As she was discovering the depth of his deception, he came into the room, hovered a foot from her face and snatched the phone from her hand. When he demanded to know what she was doing, she swore at him and slapped him.
The husband took the offensive and filed for protection order seeking the court’s protection from his abusive wife, and intense custody litigation ensued. At trial, the judge found that the wife’s actions were not an intentional assault, rather an instinctive, in the heat of the moment act, and refused to grant the husband’s request for a restraining order, and also refused to grant the husband’s request that the wife undergo a parenting fitness evaluation. The husband appealed and lost again.
When the wife initially caught him having an affair, he took the initiative then too, filing for divorce. But as is often the case, she begged him not to leave and they reconciled.
Of course there was more to the story, as is usually the situation in these types of cases. The wife provided evidence of a pattern of coercive control by the husband. He was much larger than her, and he constantly got angry and pushed her, spat on her, threw water on her, grabbed her and moved her around, and tossed her across the bed.
DV and patterns of coercive control are driven by a person’s fundamental way of solving all problems with coercive behaviors. Aggressive tactics in litigation can be an indicator confirming a person’s use of coercive control. In this case, the husband took the unusual step of filing an appeal. He had requested a five-year restraining order based on the one incident of the wife slapping him. Both the trial court and the court of appeals saw through his aggression and denied his requests.
Washington’s law is similar. At a domestic violence protection order hearing, the court “may” grant an order, or not. Also, an assault must be an intentional act.
The full opinion from the appellate court can be accessed here.