Face the State Staff Report
A bill proposing to increase fees in order to support domestic violence service agencies was heard Wednesday in the Senate Judiciary Committee. If passed, the bill would designate a percentage of funds specifically for organizations that provide domestic abuse services for military members and veterans.
Senate bill 68, sponsored by Sen. John Morse, D-Colorado Springs, and Rep. Beth McCann, D-Denver, seeks a fee increase on all applications for marriage or divorce. The bill specifies a percentage of the money collected would fund domestic abuse services provided by nongovernmental agencies or units of local government and specifically designates a percentage of the money to organizations that provide domestic abuse services to military families.
The bill's language regarding funding for military domestic abuse organizations was a source of dispute. Frequently soldiers returning from war are diagnosed with post-traumatic stress disorder, PTSD, and as a result have abusive tendencies that may not have existed previous to their service.
"It is a disgrace to incarcerate more of our veterans for injuries sustained defending our country," testified military veteran and practicing psychotherapist Victor Alvarez. "Expanding these laws is not working. We're simply wasting time. If you really want to fix the problem, get people in counseling. We can't just continue to single out the accused perpetrators."
Opponents of the bill voiced concerns the current funding for domestic abuse services has done little to prevent abuse. Many of the men who testified also thought the proposed legislation would promote a misconception that men cannot be victims of abuse.
According to Dr. Charles Corry, president of the Equal Justice Foundation, domestic violence cases have nearly doubled over the last decade, meanwhile the state's population has grown by just 23 percent during this same time period. Corry maintains this disproportionate increase proves current funding is not being used effectively.
"What happens is for these people to get more money and keep their budget up, they have to report more cases," said Corry. "More money means more charges filed."
Cliff Smedley also testified in opposition of the bill. He was once wrongly accused of domestic abuse and sees himself as a "victim of the domestic violence industry."
"Men don't have a monopoly as abusers, and women don't have a monopoly as victims," said Smedley.
Debbie Osborn spoke in support of the bill and on behalf of her domestic abuse organization FAITH: Fighting Abuse in the Home. "This bill will allow us to continue to provide much needed resources for individuals in an abusive situation," said Osborn.
Morse chairs the Judiciary Committee and supports the bill.
"We need to adequately fund domestic violence programs throughout the state," said Morse in an interview with Face the State. "We aren't currently doing that. Demand for the programs is up and funding is down. It's homicide prevention, and we ought to prevent every homicide we can."
Morse also questioned testimony from men opposing the bill, saying they are "so far off base" and "didn't speak a word of truth."
Late Wednesday night the bill was referred to the appropriations committee on a 4-3 party-line vote with Democrats in support and Republicans opposed.
Domestic abuse laws misused
On March 31st, 2009 Kay_Sieverding says:
For over 25 years, I have been happily married to the my original husband, the father of my children. However, Colorado's domestic abuse laws really hurt me. The way that it hurt me is that Colorado Judge James Garrecht ruled that I "molested" my next door neighbor even though she testified under oath that we had very little contact, I hadn't called her in years, there was "no offensive touching", and I hadn't been following her around town. We were never ever alone and definitely never had or discussed sex. Garrecht ruled that the way that I "molested" her was telling her on the street that "Just because her husband was president of the city council didn't give her a right to break the law". I had complained that she and her husband built extra buildings on their property, which adjoined mine, that violated the zoning. In fact, 9 years later, the three extra buildings, two of which have plumbing and central heating and are suitable as residences, and one of which is two floors and over 2,000 square feet, are not even on the property tax rolls in Routt County Colorado.
Judge Garrecht misused the law to issue a restraining order on me on the sole basis of "molestation". My neighbor, Jane Bennett, then followed me around Steamboat Springs calling the police whenever she saw me. She filed a police report saying that she followed me thru WalMart trying to take my picture so that she could prove we were within 30 feet and therefore the police should arrest me. She called the police because she saw me from inside a store while I was waiting at a light to cross the street. She parked right next to my driveway and the police said that I was leaving my home at my own risk. Her husband sent the police to the school to interview my child about my whereabouts. All this so they could coverup their zoning violations.
Judge Garrecht did not allow me a continuance to get a lawyer after I said I had tried to get one but couldn't in the 3 days advance notice I had. He predicted that I would never be able to find a constitutional lawyer. When I complained to Judge Garrecht about perjury and offered proof of perjury, the judge fined me.
The lawyer, Randall Klauzer, has a divorce practice. His lawyer convinced former judge Naughty Nottingham that Klauzer had "immunity" and therefore my case should be dismissed, I should be fined without an evidentiary hearing, and I should be incarcerated for petitioning another court.
All the laws Colorado has and could have are worthless if judges and lawyers are not controlled. I have no criminal record at all.
In this case, not only was I, and my family, really hurt, but a man named David Engle burned to death 6 blocks away in a building that was a residence for 20 years but was listed as a garage. It had no second exit in case of fire. There was no incentive for property owners in Steamboat Springs to comply with the land use laws since they knew that if anyone complained they could just have them labeled a "molester".
This just proves that even "upstanding" citizens like the president of the city council will abuse laws if there is a financial benefit for them. I suspect the judge was simply paid off by the divorce lawyer.