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Copyright© 2008-2012 by Natalia A. Sidiakina for Self-Represented Fool®

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Natalia A. Sidiakina permits unrestricted not-for-profit use, distribution, and reproduction of this article or any part thereof in any medium, provided the original work is properly cited. See original citations in the articles on this web site and examples of citations below in this web page. For more information and permission for for-profit use, distribution, and reproduction please contact info@selfrepresentedfool.org.

Update of 8/19/10:

Please WATCH ALL 6 videos below!!!

Videos of the Milgram’s Obenience to Authority Experiments, BBC in 2009:

Part 1/3:

http://www.youtube.com/watch?v=BcvSNg0HZwk

Part 2/3:

http://www.youtube.com/watch?v=IzTuz0mNlwU&feature=related

Part 3/3:

http://www.youtube.com/watch?v=6Ahc7FYFGno&feature=related

Zimbardo’s Stanford Prison Experiment:

http://www.youtube.com/watch?v=rmwSC5fS40w&feature=related

Interview with Zimbardo on Democracy Now:

http://www.youtube.com/watch?v=Z0jYx8nwjFQ&NR=1

Zimbardo’s presentation on TED in 2/2008: “Why ordinary people do evil …or do good”- Power Authorities in the System are Makers of Bad Barrels (evil environment) that produce Bad Apples (evil individuals): The SAME situation produces Evils and Heroes:

http://www.youtube.com/watch?v=OsFEV35tWsg&feature=related 

 

The strength of a nation derives from the integrity of the home.”
-
Confucius (551 BC – 479 BC)

  

“Once made equal to man, woman becomes his superior.”
- Socrates (469 BC – 399 BC)

“The secret of all victory lies in the organization of the non-obvious.”
-
Marcus Aurelius (121-180)

“By all means, marry. If you get a good wife, you'll become happy; if you get a bad one, you'll become a philosopher.”
- Socrates (469 BC – 399 BC)

*  

“Marriage is for women the commonest mode of livelihood, and the total amount of undesired sex endured by women is probably greater in marriage than in prostitution.” 

Bertrand Russell (1872-1970) 

 

The current legal system in California promotes domestic violence against women.

(main article was written in July of 2008)

Violence is the exercise of power and, as such, is addictive. In family settings, a more powerful spouse can “modify other’s states by providing or withholding resources or administering punishments”[1]. In case of domestic violence against women, the more powerful spouse is a husband, who controls financial resources and, consequently, social status.

 

 

Most men’s violent and abusive behavior in family settings, as contrary to supportive and providing behavior, results from the suppression of cognition by stress or other means (alcohol, drugs, etc.)[2]. Suppressed cognition allows anger to erupt at whoever is handy and less powerful, making the wife and children easy targets.

 

 

Frequently under stress, the suppressed anger of men, who were abused as children, gets expressed through domestic abuse and violence.[3] Stress is increasing generally in California due to war in Iraq, rising oil and food prices, financial crisis, home equity deterioration, foreclosures, exorbitant health insurance costs, economic stagnation, transferring of high-tech manufacturing and research to Asia, resulting unemployment, etc.

 

 

Stress from work is also increasing because most employees have bosses and peers who bully them also because of the stress and because bullying is pleasurable and addictive as it increases the dopamine levels in the brain[4]. 37% of the US employees, or the majority of potential non-bullies assuming a 50/50 ratio, are bullied at work[5].

 

 

Unlike sexual harassment, bullying has no legal remedy in California and is dismissed as “interpersonal conflict” between employees. Because bullying is addictive and because bullies have no motivation to stop it, the number of bullied at work employees will be increasing. Therefore, the number of stressed employed men (and women) with suppressed cognition in California will be also increasing.

      

           

            Abusive husbands are unlikely to seek divorce or change their addictive violent behavior as long as things are going their way in the family settings. An abused wife in California is extremely unlikely to report domestic violence because such reporting will necessarily result in her husband’s arrest and, consequently, an inevitable divorce, her financial downfall, and the high likelihood of her becoming homeless and even loosing custody of her children.

 

 

After divorce, housewives will struggle to find employment even at low wages of less than $15/hour and will likely be bullied at work. For many women, a bullying husband is less threatening than bullies at work.

 

 

Husband’s arrest for domestic violence can result in a criminal case against husband or a dismissal. If the abused wife presses charges, her husband, who controls financial resources, will hire an influential criminal law attorney to defend him. After hearings and a trial, the abusive husband will be either free or in jail. Being in prison will necessarily result in husband’s loss of employment and financial crisis for the family.

 

 

The jailed abusive husband will hate his wife, will hire an influential family law attorney, will direct his attorney to transfer all family funds and assets to ensure that wife would not have access to them, and will file for divorce. The family is likely to loose its residence because the main breadwinner and the mortgage payer will be gone. Naturally, no housewife wants that. According to the family law center of Sonoma County, more then 50% of arrests for domestic violence result in dismissals prior to the establishment of a case.

 

 

            If the arrest results in a dismissal, especially after the case was tried, the arrested husband will have more stress from the arrest and the court hearings and will naturally harbor a lot of hostility and anger against his wife. Moreover, the balance of power in the family will be changed by the arrest, and the arrested husband will no longer be satisfied with his marriage.

 

 

Since the abusive husband controls his family’s financial resources, he will hide and transfer the family assets in the secret preparation for divorce. He will hire an influential family law attorney and then will file for divorce requesting custody of the children, no spousal support and no attorney’s fees to his wife.

 

 

It will be extremely unlikely for his abused wife to have sufficient separate property assets and separate income to maintain continuous legal representation. Consequently, she will become self-represented shortly after the beginning of the divorce.

 

 

            During the trial, the abusive husband’s attorney will lie to the judge and will make the wife look like an alcoholic, a drug addict, and a completely unfit parent. The family law trial judge will ignore any evidence and pleadings submitted by the self-represented wife.

 

 

After divorce, the abusive husband will remain living in the family residence with the children, and his abused ex-wife will likely receive no or minimal spousal support and no property because the major portion or all of the community property will be used to pay for the abusive husband’s attorney’s fees.

 

 

            Women are more vulnerable to stress and twice as likely as men to develop anxiety and depression under stress[6]. Any infection, even minor flu or cold, will necessarily exacerbate the stress on the body. If the abused wife was employed during the marriage, she is likely to lose her employment because she will likely develop severe anxiety and major depression as a result of the stress during her divorce litigation. A depressed woman will have an impaired cognition and no energy to look for a new employment.

 

 

The current medications for depression take several weeks to have a clinical effect, and only 40%-50% of antidepressants work. Because of the side effects and ineffectiveness, a depressed woman will have to try 2-3 different medications to find the one that works. This will take a few months.

 

 

While being depressed with no funds and no legal knowledge, the abused wife will not be able to either hire an appellate attorney or self-represent herself in appeal and prepare in 1-3 months a good quality Appellant’s Opening Brief. As a result, the injustice created by the trial judge will become permanent.

 

 

In conclusion, the abused wife will report domestic violence ONLY when she fears for her own or her children’s lives.

 

 

In wealthy Marin County, for instance, domestic violence against women was growing quietly in the past years and is currently a primary type of violent crime accounting for 30% of violent crime cases (over 60% of violent crime arrests)[7].

 

 

Thus, the current legal system with its unrealistic deadlines and exorbitant legal fees implicitly promotes domestic violence against women.

 

 



[1] Keltner, D., Gruenfeld, D.H., Anderson, C. (2003) Power, Approach and Inhibition. Psychological Review, Vol. 110, No. 2, 265-284 at p. 265, on the web at http://socrates.berkeley.edu/~keltner/publications/keltner.power.psychreview.2003.pdf

[2] Dr. Forward, S. (1990) Toxic Parents. Bantam Books, p.3, 120, 124, 137

[3] Dr. Forward, S. (1990) Toxic Parents. Bantam Books, p.3, 120, 124, 137.

[4] Scientific American Mind, April/May 2008, p.14.

[5] Kim, J.N. (2008) The Cubicle Bully. Scientific American Mind, July/July 2008, p.13.

[6] National Institute of Mental Health official web site; Andreasen, N.C., MD, PhD, (2004) Brave New Brain. Oxford University Press, at p. 237-238.

[7] Cal. Courts Rev., Spring 2008, p.8. At dismissal rate of 50%, DV arrests represent 60% of violent crimes.

What do judges say about domestic violence and self-representation?

Below are the citations from the BRIEF AMICUS CURIAE OF RETIRED WASHINGTON JUDGES IN SUPPORT OF APPELLANT, filed on 3/21/07 in Case No. 57831-6-1, the Court of Appeals of the State of Washington, Division One, called In re the Marriage of: Michael Steven King, Respondent, v. Brenda Leone King, Appellant. The link below will open the PDF file on the Brief:

 

http://www.brennancenter.org/dynamic/subpages/download_file_48463.pdf

             The critical effect of representation has also been demonstrated in the context of domestic violence cases. University of Baltimore law professor Jane Murphy examined 406 women who sought state intervention to protect themselves from domestic violence. The study found that having an attorney substantially increased the chances of obtaining a protective order: 83% of attorney-represented women received protective orders, while less than 32% of pro se women obtained protective orders. Jane C. Murphy, Engaging the State: The Growing Reliance on Lawyers and Judges to Protect Battered Women, 11 Am. U.J. Gender Soc. Pol’y & L. 499, 511-12 (2003).” (bold added), (see p. 9 of the above-referenced Brief).