Judge sentences DV victim to jail

[jeaniebueller]

for not appearing at court.

www.msn.com/en-us/news/world/judge-berates-domestic-abuse-victim-sentences-her-to-jail/ar-AAfg0qh?li=AAa0dzB&ocid=mailsignout

Florida county judge berated a domestic violence victim for failing to appear at her alleged abuser's trial and then sentenced the sobbing woman to jail, courtroom video shows.

Seminole County Judge Jerri Collins was captured heartlessly rebuking the pleading woman as she desperately apologizes and says her depression and anxiety kept her from facing her abuser in court.

"You think you're going to have anxiety now? You haven't even seen anxiety," Collins says before issuing her decision.

The victim had to appear before the judge on July 30 for contempt of court hearing, WFTV-9 reported.

She had ignored a subpoena to testify against the father of her child who allegedly choked her and threatened her with a kitchen knife, the local news station said.

"Your honor, I'm very sorry for not attending the last one," she said through tears. "I've been dealing with depression and just a lot personally since this happened. My anxiety is like, this is every day for me."

The unmoved Collins tells the woman she was required to appear under court order.

"You disobeyed a court order, knowing that this was not going to turn out well for the state," Collins said.

The woman apologizes again, telling the judge she's homeless and "not in a good place right now."

"And violating your court order did not do anything for you," Collins said. "I find you in contempt of court. I hereby sentence you to three days in the county jail."

The rattled woman can be seen dramatically making one last final plea to the judge as she's being hauled away.


"Judge, I'll do anything ... I have a 1-year-old son, and I'm trying to take care of him by myself. I'm begging you, please, please don't," she said.

"Turn around," the judge responds. "You should have showed up. I've already issued my order."

Collins, who was reportedly appointed to the position by former Governor Jeb Bush, has held her seat since 2005.

She was re-elected to the court last year for another six-year term.

Neither Collins nor her office returned a request for comment Thursday.

The ruthless ruling was unnecessary and damaging, according to a former prosecutor who now advocates for domestic abuse victims.

"It was pretty brutal. It got to my heart," Safehouse of Seminole CEO Jeanne Gold told the Daily News. "I thought she will never ever call the police again. She'll never look for help again. It's so sad."

The victim's alleged abuser was sentenced to 16 days in jail for simple battery and was ordered to pay court costs, WFTV-9 reported.

During her bid for re-election last year, Collins told The Orlando Political Observer she should be voted back into office because she makes a "positive impact on the citizens and the litigants that come before the court."

"Every litigant deserves an experienced, knowledgeable individual presiding over their case," she said at the time. "I've enjoyed my role as a judge. I enjoy the law. Most importantly, I enjoy serving my community."

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[WanderingWinoZ]

waht the ever loving FUCK!?!?
i was at the end of the article before I realized the judge was a woman!!!

and also, I hate states that elect judges.

[jeaniebueller]

Oct 9, 2015 9:41:29 GMT -5 @cse1960 said:

Yeah, I saw this, and a few other articles about it. This article fails to mention that when she was being choked and held at knifepoint by this man she was holding the 1 yo and the charges she was to testify about were about an assault on not just her but on the baby as well. She contacted the prosecutor in charge of the case and is on recording telling the prosecutor in a very beligerant manner that she was not going to appear, they couldn't make her, and she didn't give a shit if they put her in jail she wasn't going to testify. The guy got off with 16 days in jail on a reduced charge because she didn't appear, which leaves that baby unprotected. I'm tired of hearing about how dreadful this judge was for punishing a recalcitrant witness about an assault involving a one year old.

Yeah, but CPS can step in and rectify that situation if they believe that she is putting the one year old in danger by not cooperating with prosecution. Its not uncommon at all for victims of domestic violence to be "beligerant" and not want to cooperate with prosecution. So, while I hear what the judge is saying about being frustrated with her, I just cannot get on board with putting a crime victim in jail. Because the next time, she probably won't call the police at all. She is not the one who put the one year old in danger, the DEFENDANT did.

[jeaniebueller]

Also, this judge did the prosecutor and law enforcement no favors at all. How difficult do you think its going to be to get a domestic violence victim to press charges at all in this jurisdiction now? What message do you think she just sent to those women who are too afraid to call the police and are terrified of their abuser? What message did she just send to abusers out there--a message that they will no doubt pass onto their victims?

[jeaniebueller]

Oct 9, 2015 10:31:44 GMT -5 @cse1960 said:

She can do whatever she wants about herself, but not with the baby. I don't care if she doesn't want him in jail for choking her and threatening her with a knife. My empathy ends for her where the baby comes in.
And lets say the judge does nothing here,and the next headline is "judge let mother out of testifying, baby harmed by father" when the baby is later hurt by the father. Yes, the defendant is the one who put the baby in danger, and so is the mom by refusing to protect the child from this man further.

And that is what Child Protective Services is for, not the contempt power. If she is not protecting her child from her abuser and participating in court proceedings, CPS should be involved.

[suzyp]

Oct 9, 2015 9:41:29 GMT -5 @cse1960 said:

Yeah, I saw this, and a few other articles about it. This article fails to mention that when she was being choked and held at knifepoint by this man she was holding the 1 yo and the charges she was to testify about were about an assault on not just her but on the baby as well. She contacted the prosecutor in charge of the case and is on recording telling the prosecutor in a very beligerant manner that she was not going to appear, they couldn't make her, and she didn't give a shit if they put her in jail she wasn't going to testify. The guy got off with 16 days in jail on a reduced charge because she didn't appear, which leaves that baby unprotected. I'm tired of hearing about how dreadful this judge was for punishing a recalcitrant witness about an assault involving a one year old.

No.  She's a fucking domestic violence victim.  Come on.  THREE DAYS in jail for contempt.  You have to listen to the audio of her encounter with the judge.  She is begging and crying.  And so now she's in jail for 3 days, where does the baby go? with the abuser you are so concerned about getting off?

Sure, she should face some penalty - but there's a big difference between  3 days in jail and community service.  And the comments from the judge about, well, now you'll feel anxiety? Nope.

[Skyesthelimit1212]

"You think you're going to have anxiety now? You haven't even seen anxiety," Collins says before issuing her decision.
This right here, Go fuck yourself Judge Collins!

[jeaniebueller]

Well, I am also worried about the chilling effect this action will have on other victims in this jurisdiction. And the mom hasn't been charged with child abuse.

[elleblue]

Oct 9, 2015 10:45:15 GMT -5 @cse1960 said:

Oct 9, 2015 10:38:25 GMT -5 suzyp said:

No.  She's a fucking domestic violence victim.  Come on.  THREE DAYS in jail for contempt.  You have to listen to the audio of her encounter with the judge.  She is begging and crying.  And so now she's in jail for 3 days, where does the baby go? with the abuser you are so concerned about getting off?

Sure, she should face some penalty - but there's a big difference between  3 days in jail and community service.  And the comments from the judge about, well, now you'll feel anxiety? Nope.

yeah, well listen to her conversation with the prosecutor. Not so begging and crying. 

It's abuse not to protect your child from abuse. In looking at the judge, prosecutor, mother, father, and baby, I empathize with the baby, and I'm more interested in standing with those people trying to protect it. 

How is the baby being protected if he/she is left with the abuser for three days?! 

[josieposy]

Well I'm sure we will hear about this woman again someday when she shoots the guy, because why on earth would she ever go the authorities again?

[jojoandleo]

I disagree with everything suesue is saying. EVERYTHING. The best way to protect that baby is NOT to put the mom in jail. It's to get her help and resources she obviously needs. SHE IS A VICTIM. A FUCKING VICTIM. Get off your high horse as if you even know how you would react in this situation. The psychological aspect of domestic abuse is obviously at play here. I am sure she was belligerent. SCARED PEOPLE ACT THAT WAY. Your lack of empathy for a victim is appalling. Your want to punish her rather than ACTUALLY help that baby is gross. Putting her in jail is helping exactly NO ONE.

[ttt]

This is really tough. On one hand, I can see the chilling effect this could have on other DV victims. But on the other hand, Im really tired of these parents (primarily mothers) who let their partners abuse their children and have all sorts of excuses for why they failed to protect them.

[YeahSure]

Oct 9, 2015 10:45:15 GMT -5 @cse1960 said:

Oct 9, 2015 10:38:25 GMT -5 suzyp said:

No.  She's a fucking domestic violence victim.  Come on.  THREE DAYS in jail for contempt.  You have to listen to the audio of her encounter with the judge.  She is begging and crying.  And so now she's in jail for 3 days, where does the baby go? with the abuser you are so concerned about getting off?

Sure, she should face some penalty - but there's a big difference between  3 days in jail and community service.  And the comments from the judge about, well, now you'll feel anxiety? Nope.

yeah, well listen to her conversation with the prosecutor. Not so begging and crying. 

It's abuse not to protect your child from abuse. In looking at the judge, prosecutor, mother, father, and baby, I empathize with the baby, and I'm more interested in standing with those people trying to protect it. 

The next time she or the baby is being abused she will not call. And likely she will teach the baby to never tell. The judge has taught her, and future generations to stay silent.

[pinkdutchtulips]

I remember attending my DVRO hearing praying to God that xh wouldn't show up ... I had moved out w DD and the dogs while he was in jail for obstruction as they tried to serve the TRO on him. I can only imagine how filled w anger he would be if he saw me and wouldn't give a shit WHO was there to inflict whatever rage he wanted to towards me. Thankfully he was a 'no show' and I got the RO custody order I wanted.

A year later he was prosecuted for violating the RO and while I was fully cooperative w the DA's office, I made it clear to them that if I could avoid having to actually appear that would be GREATLY appreciated. They told me they would try their best to avoid having me to appear. I got lucky and didn't have to appear bc the DA's office and the Public Defender's office managed to reach a workable plea and sentence.

I certainly understand where this woman is coming from and most counties via DV shelters offer support people to attend hearings w DV victims given the emotionally charged nature of the hearing.

I'm surprised CPS wasn't called in earlier on this case ... I spent 6 months in CPS cross hairs due to the situation w my xh before I left and what happened wasn't nearly as bad as what this lady went through.

[pinkdutchtulips]

Oct 9, 2015 10:34:37 GMT -5 jeaniebueller said:

Oct 9, 2015 10:31:44 GMT -5 @cse1960 said:

She can do whatever she wants about herself, but not with the baby. I don't care if she doesn't want him in jail for choking her and threatening her with a knife. My empathy ends for her where the baby comes in.
And lets say the judge does nothing here,and the next headline is "judge let mother out of testifying, baby harmed by father" when the baby is later hurt by the father. Yes, the defendant is the one who put the baby in danger, and so is the mom by refusing to protect the child from this man further.

And that is what Child Protective Services is for, not the contempt power. If she is not protecting her child from her abuser and participating in court proceedings, CPS should be involved.

this is what put me in CPS cross hairs --- xh's meth relapse w DD and I still in the house. Once I got my RO and moved out, CPS closed our case. CPS had doubts about my ability to protect my child - words NO smother wants to hear.

[YeahSure]

pinkdutchtulips I'm glad you're out and safe.

[secretlyevil]

That man needs to rot in hell.

[jeaniebueller]

Oct 9, 2015 19:46:20 GMT -5 @cse1960 said:

Oct 9, 2015 11:06:36 GMT -5 josieposy said:

Well I'm sure we will hear about this woman again someday when she shoots the guy, because why on earth would she ever go the authorities again?

Or, when this man kills her or their baby. 

Tell me how jailing her prevents this from happening. Or if she had appeared, how would that prevent him from reoffending.

[cville]

Oct 9, 2015 19:46:20 GMT -5 @cse1960 said:

Oct 9, 2015 11:06:36 GMT -5 josieposy said:

Well I'm sure we will hear about this woman again someday when she shoots the guy, because why on earth would she ever go the authorities again?

Or, when this man kills her or their baby. 

One board wasn't enough for you on this one?

[gpw]

I'm just going to sit next to jeaniebueller on this one. 

[gpw]

Oct 9, 2015 19:53:49 GMT -5 Dig Ophelia said:

Ugh. Why is it always a woman's fault? For not protecting herself, for not protecting her child, for not protecting other women?

Why isn't the blame going squarely to the man who chose to hit another person, *and* did it with a child (his own child) as witness? Why didn't he protect his own child from his own fucking abusive self?

This is the reason why women don't speak up and report being abused. It always comes back to being her fault.

A-MOTHERFUCKING-MEN!

[josieposy]

Oct 9, 2015 19:46:20 GMT -5 @cse1960 said:

Oct 9, 2015 11:06:36 GMT -5 josieposy said:

Well I'm sure we will hear about this woman again someday when she shoots the guy, because why on earth would she ever go the authorities again?

Or, when this man kills her or their baby. 

I understand the points you are trying to make. I worked in corporate/franchise, so my knowledge of this is limited unless it happened in a Burger King. I understand that you are more informed on this. But at the end of the day, I still cannot understand why a different approach was not an option.

[Miss Phryne Fisher]

Fucking Florida. I lived there almost all my life and it never ceases to amaze. I live in NY now thankfully...still fucked up but not even close to that kind of fuckery. FUCK.

[katfco]

Oct 9, 2015 20:20:03 GMT -5 @cse1960 said:

Oct 9, 2015 20:13:21 GMT -5 josieposy said:

I understand the points you are trying to make. I worked in corporate/franchise, so my knowledge of this is limited unless it happened in a Burger King. I understand that you are more informed on this. But at the end of the day, I still cannot understand why a different approach was not an option.

She had a concurrent child support case going on that the state was handling for her against this man, and if he went to prison she would not get child support. So she decided not to appear on the DV so he would not be convicted. Thats what she was explaining to the judge, why she didnt appear, that he hadn't paid support and the state was going after him for support. She didn't mention depression or anxiety about all this till after the judge said I can send you to jail. 

And I don't really think the judge would have done this if her accusations against this man had not been so very violent (strangulation and a knife while she was holding a baby), and there had not been an infant involved, and if the excuse had not made it clear she was weighing what SHE wanted to have happen in these two venues and taking the money route, which is why I am thinking the judge was asking her if what she'd said happened actually happened. 

Honestly, I think this just points to the sad desperation a woman can feel--having to choose between personal security and financial security. I can't imagine that kind of helplessness, feeling like you have to keep your abuser free in order to be able to get more financial freedom. 

[gpw]

I'm sorry you're going through that Dig Ophelia.  Thank you for sharing.  I could not agree more with what you're saying here in this thread.

[YeahSure]

Dig Ophelia  (rose)

[pinkdutchtulips]

Oct 9, 2015 20:08:54 GMT -5 @cse1960 said:

Oct 9, 2015 19:48:24 GMT -5 jeaniebueller said:

Tell me how jailing her prevents this from happening. Or if she had appeared, how would that prevent him from reoffending.

He had prior DV convictions. He'd have gone away for a long, long time with a third felony assault. Without her testimony, they could not get a felony conviction, and only got a simple assault charge pinned on him, which is why he only got 16 days' time.  

if he had priors, especially DV priors, the DA's office dropped the ball. i'm sure they could have gotten the conviction they desired based soley on police reports and testimony alone. that's what happened in my case, they had enough to NOT need my testimony (they ended up settling but from what i gather, my FULL cooperation was enough and an appearance was not needed).

DV violators don't go away for long unless they do something REALLY heinous, like fire gunshots at you and have BAD aim (violation of court order, attempted murder and yes she DID cooperate and he got 2 1/2 years). mine was sentenced to 90 days in jail for 3 violations of order (30 days for each violation) (originally 5 violations + possession of a controlled substance + grand theft) he was out in 45 days, roughly 3 wks after he was sentenced bc they had been holding him in jail about a month before.

[pinkdutchtulips]

Oct 9, 2015 22:49:55 GMT -5 Dig Ophelia said:

Oct 9, 2015 22:34:35 GMT -5 gpw said:

I'm sorry you're going through that Dig Ophelia.  Thank you for sharing.  I could not agree more with what you're saying here in this thread.

Thank you, gpw, I really appreciate that.  It really does suck to have to make such a Sophie's Choice of which is the lesser evil -- the scary unknown that is homelessness or the scary known that is living with an abuser.  And it doesn't make sense to a lot of people, I can understand that.  And I can understand how angry people get when children are involved.  I just can't understand why that anger is directed towards the victim of abuse more than towards the abuser.  

hugs

for YEARS i stayed w/ my abuser bc i didn't want to end up on the nightly news as one of those women who meet an unfortunate end at the hands of their ex. i married him, we had a child ..... the tide started to turn when I became the breadwinner. no longer was he earning 2-3-4x what i was, it was more like 1 to maybe 1 1/2 what i made. being the sole breadwinner wasn't easy and no i wasn't able to put anything away BUT i had a greater idea of what i could afford on my own if push came to shove.

push came to shove w/ a VIOLENT meth relapse and i (along w the financial backing of my mom and sister - yes i realize the vast MAJORITY of DV victims are not this lucky ) moved out after he threatened me in front of LE when he was served w/ the TRO. LE told me, he's not going to follow the order, if i were you i'd move, TOMORROW !

in the wake of it all, alot of people wondered how i manged so long w/ him. why didn't i leave sooner ? they say it takes something like 7 attempts before a DV victim finds the strength/courage/confidence to leave their abuser. i can absolutely believe that as i had tried to leave multiple times between 2003 and when i eventually did for good in 2013. the emotional struggle of stay v go is very real and very scary. you hit an 'enough' point and take the gamble and go. it may seem silly to some but the day i left, i put my total faith in God and LE that they would do what they needed to do to protect dd and i. 2 years later they haven't let me down

[pinkdutchtulips]

Oct 9, 2015 18:22:24 GMT -5 YeahSure said:

pinkdutchtulips I'm glad you're out and safe.

thank you ... its been 2 years since i left and i still have to be hyperaware of my surroundings and be wary of strange #s on my cell phone.  the RO and the criminal protective order help.  i could live my life perfectly happy never having to see or speak to him again. the one i truly feel for is dd bc she lost her dad in all of this. i would love nothing more for them to have a relationship but not in his current state. nope !

[ESF]

Oct 9, 2015 23:41:26 GMT -5 pinkdutchtulips said:

Oct 9, 2015 18:22:24 GMT -5 YeahSure said:

pinkdutchtulips I'm glad you're out and safe.

thank you ... its been 2 years since i left and i still have to be hyperaware of my surroundings and be wary of strange #s on my cell phone.  the RO and the criminal protective order help.  i could live my life perfectly happy never having to see or speak to him again. the one i truly feel for is dd bc she lost her dad in all of this. i would love nothing more for them to have a relationship but not in his current state. nope !

I can't believe it's already two years. I didn't know the entire backstory until now -- I recall the part about the drugs, but not the rest. I'm so, so sorry. You are so strong and I can't believe everything you've been though. Your daughter will thank you one day for the sacrifices you made,