Abuse or adverse childhood experiences (ACEs) can significantly alter the course of a child’s life and lead to severe problems. Trauma of any kind can leave an indelible mark on a person’s psyche. With treatment and support for social services, children may adopt unhealthy behaviors due to a shortage of coping mechanisms.

Many adults who struggle with drugs and alcohol or have run-ins with the law have a history of trauma stemming from physical and sexual abuse. In an attempt to escape one’s symptoms, turning to mind-altering substances appears to be a logical choice. Illicit drug use can lead to legal problems for young people. Some will even commit burglaries or theft in order to afford their drugs, which can be another path to the juvenile or criminal justice system.

What’s more, young people who suffer at the hands of abusive parents can find their way into legal troubles in some unexpected ways. Running away from home to escape violence can precipitate arrests, as can fighting back against one’s abuser.

Child Abuse Leads to Incarceration

Experiencing abuse in the home appears to be a common precursor to involvement with the justice system. Janelle Hawes, Ph.D. and Jerry Flores, Ph.D. conducted interviews with 33 girls at a juvenile detention center in southern California that supports the above statement, according to the Juvenile Justice Information Exchange. They found that abuse played a role in these young girls’ first involvement with the juvenile justice system.

The researchers discovered that parents or guardians abused 14 of the girls, the article reports. Some of the girls stated that fighting back against their oppressors resulted in arrests and detention. Others were arrested for running away from home to escape further abuse. Another path to the juvenile justice system was reporting their abuse to institutional actors like police and social workers. Below you will find a few examples of these types of instances:

“I love my mom, my mom used to beat the f-lip out of me, like crap out of me and one day I pulled a knife on her and I told her to stop and they put me in a damn mental institution,” said Debby, 14.

Aracely, 19, first got involved in the juvenile justice system after reporting her abuse to a criminal justice officer at school, according to the article. The officer took her to talk to the father (her abuser) and then decided that Aracely actions were tantamount to running away and arrested her. She said:

“… I had went to school, ’cause um, I was scared of going back home. I didn’t wanna go back home with my dad [because of abuse] … I was like, oh I don’t wanna go with my dad, like, I don’t really wanna go with him and then they’re like ‘we’re gonna talk to your dad’ and they came back, they came back into the room and they told me to get up and put my hands behind my back and that’s when I got arrested.”

Annabelle, 17, had a similar experience to Arcely. Escaping the abuse meant running away which lead to arrests. “Me and my father have never been close. Um, and I would always — I felt left out so I’d always go out there on the streets. I would run away a lot and then my father would kick me out. He would call the cops and say that I ran away and I started getting in trouble with the cops.”

Once a young person gets into the criminal or juvenile justice systems, they are far more likely to have run-ins with the police in the future. Research shows that young people need resources, support, and therapy, not juvenile detention. Running away from abuse should not be a crime or the impetus for juvenile detention.

California Juvenile Justice Attorney

Please contact The Law Offices of Katie Walsh for a free, confidential consultation. We can help you determine if we can assist you with your son’s or daughter’s legal or school troubles. As a former prosecutor, attorney Walsh is uniquely equipped to advocate for the needs of your family and help obtain the best possible outcome in your child’s case. (714) 351-0178.

Pepper spray, like mace, is a non-lethal form of restraint that law enforcement agents utilize on a regular basis. The ingredients result in inflammation of the eyes and lungs, causing temporary vision loss and shortness of breath. Once disabled, officers are better able to restrain subjects. While the agent is less-than-lethal, there are instances when the chemical agent is a contributing factor in premature death.

In California, juvenile detention facility guidelines permit staffers to use pepper spray or oleoresin capsicum (OC) spray, only as a last resort to de-escalate difficult situations, Los Angeles Daily News reports. However, a new report from the Los Angeles County’s Office of the Inspector General (OIG) finds that officers are relying on pepper spray to subdue juveniles at an alarming rate, often using the lachrymatory agent unnecessarily.

The report was conducted at the behest of the Los Angeles County Board of Supervisors (Board). The call for an investigation came after revelations brought to light last year that incidents involving oleoresin capsicum spray in juvenile detention facilities skyrocketed more than 150 percent from 2015 to 2017. The OIG report cites instances of juveniles being subjected to OC and are then left in their rooms without assistance, forced to rely on toilet water to clean/remove the oleoresin capsicum from their skin and eyes.

Initial or Intermediary Force Option

According to the report, thirty-five states have banned the use of OC spray in juvenile facilities. California is just one of six states that allow the use of pepper spray on youths housed in detention centers. Such facilities include Barry J. Nidorf Juvenile Hall, Central Juvenile Hall, Los Padrinos Juvenile Hall, Camp Ellison Onizuka, and Camp Ronald McNair. There are California counties that prohibit juvenile detention officers from deploying OC, encouraging the use of other de-escalation techniques instead, i.e., San Francisco County, Santa Cruz County, Marin County, and Santa Clara County.

The OIG report underscores the need for more de-escalation training, especially in Los Angeles County. Cathleen Beltz, assistant inspector general, said the goal is to reduce or eliminate the use of OC within LA County’s juvenile facilities. The investigators found consistent use of OC spray as an “initial or intermediary force option, rather than as one that follows a failure to de-escalate or the use of less significant force.”

“The fundamental issue here is not about the tools that staff use,” said Terri McDonald, LA County chief probation officer. “The question is, how can we create a culture or environment in which force is a rarity?”

McDonald adds that the department will not tolerate “unnecessary or excessive force in our facilities…A single case of abuse of our youth is one too many.” The chief probation officer is not opposed to doing away with the use of OC, “But a change of this magnitude will require thoughtful analysis, planning, training, and potentially increased resources to ensure institutional safety.”

California Juvenile Defense Attorney

As a former juvenile prosecutor, attorney Katie Walsh has the experience and understanding of the law to advocate for your son or daughter who is facing legal trouble. Please contact The Law Offices of Katie Walsh for a free consultation and to learn how she will use her expertise to defend and achieve a favorable outcome for your loved one.

Juvenile Justice Watchdog

With a model more similar to a boarding/military school than a detention facility, the first class of residents arrived on campus July 3, 2017, and “graduated” just before the turn of the year. While the program is widely hailed as a success, it will take years before we can know for certain how effective the program is compared to previous approaches. A group of independent researchers is following the youths who complete the Campus Kilpatrick, The Los Angeles Times reports. It is likely that it will take a great length of time to determine the efficacy of the “L.A. Model” of juvenile rehabilitation.

The L.A. Model is one of many changes when it comes to juvenile justice in California. Last week, a new watchdog agency to oversee the Los Angeles County Probation Department was approved by the Los Angeles County Board of Supervisors. Juvenile abuse, sexual assault, and the practice of solitary confinement at detention camps for young people are among the chief concerns.

There are “profound and deep-seated” problems, Chief Probation Officer Terri McDonald tells NBC Los Angeles. McDonald is tasked with reforming the department, and she supports the oversight commission. She also wants to point out recent successes, such as Campus Kilpatrick and the closing of three probation camps.

“I believe profoundly in oversight,” McDonald said. “I believe in community engagement and transparency in the work that we do.”

The commission’s job will be traveling to and observing juvenile halls and camps throughout the state, according to the article. The watchdog is also responsible for tracking the recent criminal justice reforms in California and report directly to McDonald and the parole board. Eventually, the commission will oversee adult probationers, as well.

Juvenile Defense Attorney

The Law Offices of Katie Walsh specialize in juvenile law. If your son or daughter is facing criminal charges, Attorney Walsh can assist you and your family in several ways. Please contact our office for a free consultation.

In the United States, if you feel that your health and safety is in jeopardy by another person, you can petition the courts for a restraining order. People who have a restraining order against them, risk jail time if they contact or come within a certain distance of the complainant. While every state varies with regard to the grounds for obtaining a restraining order and the scope of such orders, by and large they are considered to be effective measures in protecting individuals.

Those who file a restraining order are commonly people who have experienced domestic abuse, i.e. spousal violence. Such victims need reassurances that they will be protected if their abuser makes threats. Recently, the question arose if whether protection orders could be warranted and/or violated by attacking one’s children. A California court of appeals believed that to be the case.

A woman in Alameda County, California, who had filed a restraining order against an abusive ex-boyfriend, asked the courts to extend the restraining order; this came about because her abuser harassed her over the phone and beat her children after the restraining order took effect. While the judge did not see things her way, the First District Court of Appeal in San Francisco felt otherwise, SFGATE reports. The court of appeals said that the woman’s testimony “established a reasonable apprehension of future abuse.”

The ruling had an impact across the state because the court said “abuse is not limited to the protected party seeking the order,” according to the article. The court of appeals ruling led to judges throughout the state being instructed that “abuse against the children is abuse against a parent,” said the executive director of the Family Violence Appellate Project, Erin Smith.

Katie Walsh is an attorney in Orange County, California. Attorney Walsh concentrates her law practice on juvenile defense, criminal defense, and victim’s rights.

Contact the Law Offices of Katie Walsh online or at (714) 351-0178.