THE TAOS NEWS Thursday, June 29,1995 A3
WOMEN-
Continued from Pago A1
ily member.
Taos County's answer to
that call for help is the position
held by Candace Allen, the do-
mestic-violence case manager
and an employee of district
court.
She has been a "godsend,"
Caldwell said.
Allen, whose position was
created two years ago with
money from a Department of
Public Safety domestic-vio-
lence grant, handles the civil
side of domestic violence.
In doing so, she's filled gaps
created by the Domestic Vio-
lence Act and provided a
service for people who might
not otherwise address their do-
mestic violence issues.
Contrary to popular belief,
not every instance of domestic
violence involves an offender
who is a menace to society,
Caldwell said. Nor is every in-
stance so violent that felony
criminal charges can be filed.
"We're talking about signifi-
cant violence committed by
someone who is a danger to the
community, and then we're
talking about acts of violence
that might be physical by
someone that may not neces-
sarily be a danger to the com-
munity but certainly needs
some redirection about what
they were doing. And then the
other level is really someone
who now has the court and the
judicial system available to
them to be able to provide an-
swers to some questions that
they need to get answered
about their future," Caldwell
said.
Allen's theater of expertise
is civil in nature, meaning one
person brings a complaint
against another person, as op-
posed to criminal charges,
which is brought by the state
through a prosecutor.
"An act of domestic violence
can be any voice raised in
anger that anyone might
make, so this isn't as if we'r-
talking about persons who
were severely beaten," Cald-
well said. "The domestic-vio-
lence act really does provide
that a person who believes
themselves assaulted — even
verbally or having some emo-
tional harm caused by those
assaults — is subject to protec-
tion."
People are referred to
Allen's district court office by
law enforcement, by Commu-
nity Against Sexual and Do-
mestic Violence (CASDV) and
sometimes by the district
attorney's office and some-
times by a friend who has gone
through a similar experience.
In two instances since last
March when Allen was hired,
the referrals have been on be-
half of men, but the
overwhelming majority of peo-
ple who walk into Allen's office
on the second floor of the
district courthouse have been
women, she said.
During the first three
months of J995, Allen
prepared 41 restraining orders,
which are basically orders of
Cop's wife takes on system, battles indifference
By Deborah Ensor
The Taos News
According to Frances Chavarria-
Garcia, the police department doesn't
make abusers, it attracts them.
Chavarria-Garcia was the victim of
abuse by her husband, an 18-year
veteran of the Las Cruces Police
Department.
Chavarria-Garcia said her husband
was emotionally abusive and
controlling for most of their 10-year
marriage, but it culminated in a physi-
cal act of violence on a summer day in
1991.
COPS
Continued from Pago A1
she recounted that "numerous
incidents" which included
physical abuse had occurred in
the relationship.
Another civil restraining
order was filed against Fabian
Mascarenas, a former Taos
County sheriffs deputy, by his
former girlfriend, Catherine
Creteau. In the order, dated
Feb. 28, 1995, Creteau said
Mascareftas had threatened to
kill her on at least one occasion
while pointing a gun at her
hand. During the month of
January, 1995, "[Mascareftas]
informed [Creteau] on three
separate occasions that he
would burn down her resi-
dence." The residence burned
to the ground Feb. 28. Arson is
suspected in the case, but no
- Assumed
guilty:
a man
responds
By Allsa Duncan
The Taos News
Anthony got married too
young; he knows that now.
He said he caught his wife
cheating on him and told her to
get out. She said he had physi-
cally abused her and filed for a
restraining order and custody
of their 2-year-old child.
It's a case of "he said, she
said," and probably no one be-
sides Anthony and his wife will
ever know the absolute truth
about the situation. In Antho-
ny's case, the truth didn't seem
to matter anyway.
Anthony (not his real name)
was ordered into domestic-vio-
lence counseling during a
hearing before district judge
Joe Caldwell.
"When I went to court I
claimed adultery," Anthony
said. "I wanted a divorce, so I
threw out adultery. She threw
out domestic violence, which
Domestic-violence case manager Candace Allen handles the civil side. Laurent Guerin
on my part never happened.
protection requested by a peti- order she's requesting and to cational. What bothers me is I'm in this
tioner backed by the authority align with both of them so that "It opened my eyes that nice people, good people and group for 24 sessions and it's
of the court. there's less polarization be- we're all people and the behav- can be very productive, but coming out of my pocket, and I
The person whom the cause now we have to go ior's really bad, but sometimes just really need to make these feel that if you did do domestic
restraining order is filed forward." the people aren't," Allen said. changes." violence you deserve nothing
against is the respondent.
Allen worked with CASDV "When I was a victim advocate After a petition is filed, a less. But with our system to-
Allen's job is to be the person for two years as a victim advo- I was really focused on that, hearing is held to discuss the day there should be some kind
in the middle. cate before becoming the do- but since I've been working order with the offender. Some- of proof like medical records,
"It's difficult sometimes," mestic-violence case manager. here and I've shifted over times that order involves man- police reports or witnesses.
Allen said, "because I start out She said she was a little appre- working with those people that dated counseling for the of- "In my case [the judge]
really advocating for this peti- hensive about the district court I realized how complex the fender and victim's counseling didn't hear either side, and he
tioner, and then by the time job because she knew she problem is and that these peo- for the petitioner. just granted a restraining
the hearing comes around 10 would be making a shift more ple who are guilty of battering order and said you both have
days later I'm working with toward the middle. Offender's counseling lasts
and being really abusive are six months if the restraining to go to counseling."
the offender to show him the That shift proved very edu- sometimes very likable, very Domestic-violence counsel-
order remains in effect.
ing for convicted and alleged
batterers is one of the several
additions in Taos County's new
Child abuse, domestic violence are all in the family domestic-violence policy. A
couple of victims groups have
By Allsa Duncan Another is a more aggressive prosecution of child-abuse also been established.
The Taos News cases themselves. As part of the men's groups,
The district attorney's office received a $50,000 child-abuse counselors teach their clients
Domestic violence and child abuse often go hand in hand, grant to lead the charge in cooperation with local agencies like about getting their needs met
according to a 1994 study by the American Humane Associa- Children, Youth and Families Department (CYFD); Child without resorting to intimida-
tion. Protective Team; adult and juvenile probation and 'parole- tion or violence.
Not only is child abuse 15 times more likely to occur in a Town of Taos; and Taos County. The issues most talked
home where adult domestic violence occurs, but 45 to 70 In 1994, Taos County CYFD investigated 293 cases nearly about are power and control,
percent of battered women in shelters report that their a 50 percent increase over the 200 cases investigated in 1991. according to group leader Rus-
batterers have also committed some form of child abuse. It is "The incidence of child abuse has reached a magnitude sell Taylor.
estimated that as many as 10 million children witness domes- where failing to vigorously confront it is no longer justifiable " "We all control our environ-
tic violence each year. according to a report by former assistant district attorney ment in some way," Taylor
The effect that kind of environment has on the children in- Shawn Boyne, made in support of the child-abuse grant said. "We set the alarm clock
cludes an inability to control and express emotion or delay proposal. Boyne prosecutes child-abuse cases in addition to so we'll get up ... We buy
gratification; a high risk of alcohol and drug abuse and juve- her domestic-violence caseload. insurance for our car. The
nile delinquency; emotional anxiety, guilt and fear of aban- To prosecute child-abuse cases more effectively, the district problem with these guys is
donment; developmental delays; and a high likelihood among attorney's office has created a protocol to apply to all child- when they believe 'I can
boys who witness domestic violence to batter their female abuse cases, which includes standards for a thorough investi- control another person'
partners as adults as compared to boys raised in nonviolent gation and the scope of work for which each involved agency is There's the glitch."
homes. responsible. Anthony said being man-
And yet Taos County children in adult domestic-violence "These cases are among the most complicated and gut- dated into the counseling ses-
situations seem to be falling through the cracks, according to wrenching criminal cases," Boyne said. sions made him feel like some
district judge Joe Caldwell. The district attorney's office also received an additional kind of criminal, like he had
"We have a significant gap regarding the children," Cald- $10,000 this year from the Juvenile Justice Advisory Commit- been judged guilty by the sys-
well said. "We're just simply not able at the moment to pick up tee to continue a victim counseling program through the tem until proven innocent. But
all the tools that are needed to systematically address what is summer. The counseling program is for victims and non-of- he has also learned a few
happening with these children. That's our next big step, so far fending parents. things.
as I can see." Taos County was selected as one of only two model child- "It's a great thing for all
abuse programs in the state, and Taos is the only county in the men," Anthony said. "What
One step is a children's counseling program established state in which the office of the district attorney has created a you learn in the group is non-
alongside the batterers groups and victims groups within the
counseling program for victims and families impacted by child violent communication, and we
domestic-violence program. abuse. learn to have self-control and
not lo control our spouse."
"Every marriage, you're go-
ing to argue and so forth," An-
thony said. "Through this I've
learned that if the communica-
"This was an all-day thing. I finally eventually for a change in the system, That work includes being the tion is there, then you can
called the sheriffs office about 1 a.m." has resulted in a change in policy director of her own victims' advocate prevent 95 percent of some of
But that call was not the end of adopted by many counties that sets organization, Families Against Domes- these bad arguments."
Chavarria-Garcia's nightmare, she forth guidelines for police officers res- tic Violence. She continues to volun- Anthony's divorce will be fi-
said. It was the beginning. ponding to domestic-violence calls of teer endless hours lobbying, lecturing nal in August, and he has 11
The people responding to her plea their co-workers. It also sets forth at seminars and advocating for victims more counseling sessions to
for help were her husband's associates, training and other regulations for the who continue to "suffer silently in abu- complete. He knows that some-
his friends. force. sive relationships." She has founded day he'll be ready for another
"The only reason they took the One of her messages is forgiveness. Police Officer's Wives Against Abuse, relationship. What he's
report was because I had rug burns, "This forgiveness, in turn, leads ulti- co-founded Women in Action and has learned about that subject
blood. In a way, I was so glad I had mately to practical action," she said. been appointed chairwomen of the since the accusations flew in
those bruises, because you couldn't see "The beautiful irony is that while my New Mexico Formerly Battered Wom- January, he's learned the hard
the other injuries. It's the only reason ex-spouse and I will continue to live to- en's Task Force. way. But he knows the knowl-
they took the report." tally separate lives, it is his practical On March 30, Chavarria-Garcia's edge is invaluable.
The ensuing battle that Chavarria- support and encouragement which al- Model Domestic Violence Policy was "Some of this stuff 1 never
Garcia fought, for herself, and then lows me to continue this work." adopted on the state level. thought of before now, but now
1 know what it can do for a
marriage or for a relationship."
suspects have been arrested those individuals to uphold a walks of life." career. No other agency in Taos
yet. part of the law over which they Victim advocate Frances Curran also introduced a do- County has yet adopted such a
Cordova, who was tem- have been scrutinized, and Chavarria-Garcia, who was mestic-violence policy, based specific policy, although the
porarily moved to clerical work they know it, Curran said. abused for years by her police on a model developed by Cha- Taos County" Sheriffs Office
while his case was reviewed, "That person knows he has a officer husband, agrees. varria-Garcia, into his depart- has
remains on the force; Lujan lot more to lose than the adopted investigative
"There's probably just as ment. Adopted in November procedures suggested by the
lost his job with Taos tribal po- average person on the street if many judges and lawyers and 1994, the policy addresses how district attorney's office, Boyne
lice but is police chief for he re-offends," Curran said. people in prominent position an officer should conduct a do- said.
Picuris Pueblo; Mascarenas is, Former domestic-violence that are abusers," Chavarria- mestic-violence investigation,
according to recent district Chavarria-Garcia said' even
prosecutor Shawn Boyne Garcia said. "Police officers get maintaining a professional she would not want to see of-
attorney's office reports, praised Cordova in recent more attention, they are manner at all times.
working for the Cimarron Po- ficers fired over misdemeanor
weeks for his investigation in a required to uphold the law, but It also addresses scenarios domestic violence or being a
lice Department. stalking case that resulted in it's very important for them to involving fellow officers.
The incidents focused atten- respondent in a restraining
the arrest of a man with prior be held to a higher standard." Taos officers are held to the order, but the problem must be
tion on the law enforcement in stalking convictions in another "We bave weak individuals policy including "any calls in- addressed.
Taos County and left many state. just as any other profession volving any member of any law
women wondering if one of "These officers that are abu-
"... Also, he has started to has from time to time," Curran enforcement agency," accord- sive at home, you would be
those men were called to their turn in some good domestic-vi- said of individuals who become ing to the policy. "This action is shocked when they respond to
homes, would they be safe. olence reports," she said. police officers. necessary so that department domestics," Chavarria-Garcia
The answer, according to Boyne said the police of- But at least some checks are policy in regard to domestic vi- said. "They're the ones that are
Taos police chief Neil Curran, ficers involved in domestic vio- in place to screen potential of- olence is applied equitably to most caring or compassionate.
is yes. lence are just a good indication ficers. "Constant evaluation" is all members of this communi- It's almost their way of dealing
There is a greater burden on that batterers come from "all also a part of the officer's ty." with their guilt issues."