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My name is Laurie. I have always loved words, pictures, stories, and people. I read and write obsessively. Over the years I've kept paper journals, w...
 
 
 
 

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"Date Night" Inadequate Sentence in Domestic Violence Case

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If a man puts his hands on his wife's neck in anger and throws her against a couch, at least one judge thinks that a date night at Red Lobster, bowling, and some flowers are enough to set things right.

After Broward County, Fla., Judge John Hurley heard Plantation, Fla. woman Sonja Bray's case last week following allegations of domestic violence against her husband John, he decided, since it was the man's first offense -- an offense this judge described as "very, very minor" -- that maybe a little romance would do the trick. The judge asked Sonja where she liked to eat, and what she liked to do, and issued his sentence:

[Her husband is] going to stop by somewhere and he's going to get some flowers. And then he's going to go home, pick up his wife, get dressed, take her to Red Lobster. And then after they have Red Lobster, they're going to go bowling.

Red Lobster
Image by me and the sysop via Flickr

The judge also ordered marriage counseling for the couple.

Consider Sonja Bray's statement during the first appearance hearing (in a courtroom, in front of her husband, who had recently assaulted her) that she was not afraid of her husband. Consider that it was Bray's first offense. Sure, even consider that Sonja got upset because, as reported, her husband did not acknowledge her birthday, which set the whole thing off in the first place.

But let's pretend for a moment that this wasn't, in the judge's view, a trivial situation, reasonably responded to as a misunderstanding easily remedied with cheddar biscuits and crab legs.

At some point in the conflict, Bray's husband grabbed her by the neck and threw her against the couch. The police came, Mr. Bray was arrested, and then there was a hearing. And now they are supposed to go to Red Lobster to sort things out?

When did taking a woman on a date resolve a conflict severe enough that it resulted in physical violence? When was any physical attack on any person severe enough that it ends in a courtroom a source of amusement for anyone, but especially from the judge hearing the case? When is it remotely reasonable for a defense attorney to ask a judge if his client has to let his wife win at bowling as a part of his "sentence"?

At the risk of interrupting the frivolity here, I can't help remembering that every offender has a first offense. Grabbing and choking -- particularly when reasonably agreed upon to have occurred in the family home -- rank as domestic violence, as Plantation police spokesman Det. Rob Rettig continues to define what happened to Ms. Bray.

We determined that a domestic violence law had been violated and we acted accordingly. The Plantation police are going to continue to arrest offenders regarding domestic violence wherever probable cause exists. According to Florida law the act that took place in this case was indeed an act of domestic violence.

There may be times when increased time together and improved communication can help smooth out the bumps in a relationship. I may suggest to a friend who's feeling strain at home that maybe a night out, some dedicated time and attention to each other, can help with challenges to happiness and harmony.

I try to imagine responding in the same way if a friend told me her partner struck or otherwise assaulted her, and I can't. People can come back from isolated incidences of relationship violence with time and care, but it takes time and care.

An ex-boyfriend stood over me once, drunk and enraged, gesturing as though he was going to put his hands around my neck. We were interrupted and I moved past it, young and in love and deep in denial, but I was never fully unafraid of him again. He never completed his action, but I knew from that point on that he was capable of hurting me -- not just in the physical sense, but in the sense that he would.

Florida victim advocacy group Women in Distress has retracted a complaint against Judge Hurley. Representative Mary Reidel now says that he is "a good judge and an honorable person and he takes this [situation] seriously. My comments in no way would attack him personally, in any way." But what the Wall Street Journal calls an example of "creative sentencing," I call irresponsible silliness in response to a violent situation in a home.

Maybe this is

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icbsweb 5 pts

I can almost guarantee this guy is verbally abusive and has been physically intimidating, if not physically violent in the past. This is a pattern of behavior that almost always escalates. It will happen again. This 'sentence' is preposterous and proves that a lot of people, even in the court system do not truly understand domestic violence.

leslieantrican 5 pts

Amen girl! I am shocked at this story! As a woman who has been involved in an abusive relationship, I cannot believe someone that is an officer of the court would be so naive and give such a ridiculous sentence! Has this judge seen the statistics involving domestic violence? Does he realize how many women are killed by their partners each year? Women that are victims of domestic violence often downplay the abuse or make excuses for their abuser; I, myself, made excuses for this man many times. I consider myself to be a very strong person, and would have laughed if you had told me I would end up in an abusive relationship ten years ago. But, before you know it, you end up in the middle of a nightmare, and have no idea how you got there, and have no idea how to get out of this nightmare. I assure you flowers and a date at Red Lobster would not have helped my situation at all, and I highly doubt it will help this couple either. I am praying for this family, and also pray that this judge will be more thoughtful before he gives another crazy sentence like this. I truly hope he reads your article, and answers the question you have at the end of your article. Thank you for sharing your thoughts on this important subject! Leslie

Rita Arens 124 pts

I think you nailed it when you said every offender has a first offense. The judge's reaction to this is just horrifying.

Erin Groh 9 pts

This story, Chris Brown being allowed to perform and then receive a standing ovation at the Grammys, it all just sickens me. What type of message are we sending to women in this society? I was taught that no one is ever allowed to lay a hand on me, no one is ever allowed to make me feel unsafe. It's ultimately this woman's choice to stay with her husband or not, but I really hope she gets some individual counseling and learns those things to.

Emily@SAHM.i.AM 29 pts

This disgusts me. It is a prime example of the lack of understanding of domestic violence in our culture. There is no such thing as a minor incident. This makes me so sad. Thank you for bringing attention to the issue.

Bad Luck Detective 147 pts

I am a police officer and my comment comes from an arrest I made after a man beat his girlfriend for the second time. He left her face a bloody mess, though there was no lasting physical damage, after the swelling went down (defense attorney's words). I was ask by the prosecution if I thought a one week stay in jail was okay. The most this guy could receive was 30 days. Because I insisted, he got the max sentence. WTF was my thinking. He had committed two assaults but they were both considered misdemeanors. He cannot own a weapon and there are certain jobs he cannot hold because of the domestic violence charge. He was entirely free to beat his girlfriend again and he did. Six months for the third charge did not change his disposition (like your judge, first charge was dropped because it was his first offense). The laws need to change.

SunbonnetSmart.com 786 pts

Bad Luck Detective Very interesting Suzie..."No lasting physical damage"...things get so clinical, so cut and dry...on everything, it seems, except on determining the potential for the offense to happen again. Thanks for your inside observations...Fondly, Robin

NokomisMichelle 17 pts

Bad Luck Detective AMEN! These laws do need to change. If he decided to launder money from a rich man he'd be in prison for five years.... disgusting.

simplyjune 14 pts

Let me start off by saying I speak about domestic violence from first hand experience. So take the following comment as you will.

It makes me mad to hear how this case was handled. This is one of the reasons women are afraid to report domestic violence. Shame on that judge. Assault is Assault. Period. If the offender wants to work on his marriage and beg forgiveness at Taco Bell, that's up to him but the law has no business ordering this woman to put herself in harm’s way without some sort of punishment or therapy taking place first.

Every single man who has hurt a woman he claims to love, had a first time. Every woman who died at the hands of someone who said he loved her had a first hit, first apology, and first promise to be better. If the judge was tough on this man, taking his job as judge seriously, the chances of the victim getting out of a dangerous situation is much greater.
If this judge wanted to be creative, I suggest sentencing the husband to dinner at Red Lobster with a restaurant that is half full of women who have been victims of domestic violence and the other half of the patrons are fathers, sons, husbands and brothers of these women. I have faith that those people could carry out an appropriate sentence from there.

beedazzledcakes 5 pts

My husband was sentenced in Fl for repeated domestic violence and ended up spending a year in jail and then had to serve a year of probation with domestic violence classes....and then proceeded to continue to be abusive and decided we should move out of Fl to start over, we moved 2 times after that eventually to Delaware where he strangled me to unconsciousness, as an absconding fugitive from Fl, it was too far to extradite him and he was sentenced to a year of probation after almost killing me. I received no state assistance and left him with 3 children in tow my credit was destroyed as well as being homeless and broke I couldn't get a job. To this day the system has only rejected my plea for help because my friend took me in and pays for everything. I've been trying to divorce him for over a year and I know I will never see a dime of child support. The system continues to look out for his rights and rejects me. How is this a productive system when wife beaters have more help than the abused? It just doesn't make any sense to me.

lauriewrites 23 pts

beedazzledcakes I'm so sorry to hear that. It doesn't make any sense to me, either. You didn't indicate whether he was still close by, but I truly hope that you and your children are safe.

Rita Arens 124 pts

beedazzledcakes I am so sorry to hear you've been abused and neglected. Thanks for sharing your story.

edavis 93 pts

It's disturbing to think of the messages that our court system has possibly passed on to this young woman:

It's okay for someone to physically cause harm to you - as long as they atone with a mandated night out

It's a waste of your time to press charges because we don't take physical violence against women serious enough to do anything about it.

Your say in the situation as a woman is really irrelevant. You just need to go to counseling and have a good night out at dinner.

If we want our children to learn how to get along then we certainly need our adults to know how to get along and causing physical harm to another is never okay.

lauriewrites 23 pts

edavis I'd certainly expect someone responsible for upholding and interpreting the law to treat something like this a little more seriously than this guy did, so that's why it's disappointing to me. Bringing their social life into it in that way just seemed demeaning and awkward. Even as a teacher I know that even minor first time offenses need a strong response, so things do not happen again or escalate. This would seem true in a case like this as well.

Deb Rox 17 pts

Ugh. It DOES feel like backsliding...this is the type of thing judges were doing in the 80s. With all of the advocacy work, judicial education, and bench books on DV that were implemented under VAWA programs, this is just appalling and degrading.

lauriewrites 23 pts

Deb Rox I hear a lot of people upset about these things, but I'm not sure what the response is going to be quite yet -- or if there will be one beyond the usual back- and heartbreaking work at the grassroots level.

Conversation from Twitter

TheAvasmommy
TheAvasmommy

lauriewrites I got very red-faced over that story.

lauriewrites
lauriewrites

TheAvasmommy I've been thinking about it for three days and I'm still not over it.

TheAvasmommy
TheAvasmommy

lauriewrites We seem to be backsliding as a society in regard to women's rights. I am appalled at the things I am seeing lately.

Conversation from Facebook

Cathy George
Cathy George

I came out of an abusive marriage of 24 yrs...first it was both emotional and physical...the physical stopped after I fought back but after 24 yrs of the emotional...I was done with it...this like other abuse is part of this world and its not going away...I guess some think its better to look the other way then to deal with it...which I was brought up to think. A story like this makes me sad and angry. I bet every person has dealt with abuse in one way or another. It has to start with each individual to stop abuse.

about a minute ago · Like

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