Husband Files for Divorce, Wife Cuts Off His Penis

HUSBAND FILES DIVORCE; WIFE CUTS OFF HIS PENIS

By DENISSE SALAZAR / THE ORANGE COUNTY REGISTER



GARDEN GROVE – A woman is behind bars after police say she poisoned her husband, cut off his penis and threw it in the garbage disposal because he "deserved it."

At about 9 p.m. Monday, officers went to a condominium in the 1400 block of Flower Street after a woman called 911 and reported a medical emergency, Garden Grove police Lt. Jeff Nightengale said.

The woman, Catherine Kieu Becker, met officers at the door and told them her husband was in the bedroom, Nightengale said. Becker also told officers that he "deserved it," he said.

Officers found a 51-year-old man tied to the bed and bleeding profusely from his groin, he said. The man, who has not been identified, underwent emergency surgery at UCI Medical Center in Orange and was listed in serious condition.

Becker, 48, is accused of using an unknown poison or drug in her husband's food to make him sleepy, Nightengale said. She then tied him to the bed and, as he woke up, she cut off his penis with a 10-inch kitchen knife, Nightengale said.

"He woke up right before she cut off his penis," he said.

She tossed the penis in the garbage disposal and turned it on, Nightengale said, adding that pieces of penis were recovered and taken to UCI.

The victim told detectives that he believed there was something wrong with the food Becker prepared for him, Nightengale said, adding that detectives took the food to be tested.

The couple married on Dec. 29, 2009. The victim filed for divorce in May, citing "irreconcilable differences," according to court records. The couple have no children.

Nightengale said there is no record in Garden Grove of domestic violence between the couple.

Becker was arrested on suspicion of aggravated mayhem, false imprisonment, assault with a deadly weapon, administering a drug with intent to commit a felony, poisoning and spousal abuse, Nightengale said. She is being held at the Orange County Jail in lieu of $1 million bail.

"We have not been able to interview him and she is not talking," Nightengale said. "The motive is unknown other than the divorce proceedings."

The investigation is ongoing.

Contact the writer: 714-704-3709 or desalazar@ocregister.com

Domestic Violence, Custody, and Mel Gibson

Mel Gibson's Custody Battle

We've all heard the ugly tapes of Mel's rants on www.Radaronline.com . We know there is a pending domestic violence investigation.

What does it mean? How does it impact his custody battle for his infant daughter?

The answer is Family Code Section 3044.

Under the law, if the court finds a party to have been a perpetrator of Domestic Violence within the past 5 years there is a very strong presumption that the perpetrator should not share Physical or Legal Custody with the victim-parent. (It is rebuttable, meaning, the burden of proof lies with Mel.)

Thus, if the court finds that you have committed Domestic violence within the past 5 years, there is a rebuttable presumption to be proven by a preponderance of evidence that neither physical or legal custody should be granted to the perpetrator meaning that the victim of the violence will obtain sole physical and sole legal custody.

It may be possible to rebut the presumption under certain limited circumstances.

If you are in a heated custody dispute, REFRAIN from domestic violence. IF there may be allegations, it would be prudent to have witnesses, etc. Consult an attorney.

Divorce and Domestic Violence: When Do you Take Back An Abusive Spouse?

Divorce lawyers don't always have all the answers! I certainly don't! For example, consider the situation of actor Charlie Sheen, as recently reported in the news.

According to news reports, Mr. Sheen and his wife are now trying to reconcile and work out their issues. The couple have two children and, according to published reports from her attorney, they hope to get past the "bad night," when he allegedly held a knife or made threats against her. Aside from published reports, no one really knows what happened in that situation. And arguably, it is no one else's business, is it? I suppose we all should hope that they can work out any problems they may have between them.

But what about other situations in which domestic violence occurs? In other words, if you were a victim of serious spousal abuse, would you ever "go back" and give your spouse another chance? Would you insist that your partner seek counseling as a condition of returning? Also, should it matter whether or not you have children? Of course, children are often victims of an abusive marriage, too, aren't they? There are so many questions in family law matters, like these questions, which can be difficult to answer!

Celebrity Divorces: Charlie Sheen

If you are the publicist for actor Charlie Sheen, then you certainly don't want to see your client's mug shot plastered all over the internet, do you? And if you are Mr. Sheen, then you also certainly don't want to spend part of Christmas day arrested and behind bars on a reported domestic violence charge, do you? But both things apparently occurred a couple of days ago, according to numerous published news reports.

You will recall that Sheen, the star of the popular t.v. comedy series, "Two-And-A-Half Men," went through a really nasty divorce with actress Denise Richards, just a few years ago. Here's hoping that, as Sheen's attorney indicates, this new episode has been blown out of proportion and that Sheen and his current spouse will be able to successfully address this problem, if there is any.

Finally, laying aside whatever happened in Sheen's case, here's also hoping that, in general, more emphasis will be placed on the problem of domestic violence in our society and the ways to properly address it.

CALIFORNIA FAMILY LAW DOMESTIC VIOLENCE: WE CAN HELP?

DOMESTIC VIOLENCE: WE CAN HELP?

Are you a victim of domestic violence? If so, WE CAN HELP YOU obtain a restraining order in family court against the perpetrator. We can SHIELD you from the physical and emotional abuse you or your children have sustained.

OR

If you have you been falsely accused of domestic violence or spousal abuse, WE CAN HELP YOU. We will defend you from your spouses or cohabitant significant other who is falsely accusing you in order to keep you away from your home or your children. Often these allegations are brought by a self represented party.



USING DOMESTIC VIOLENCE AS A SHIELD OR SWORD???

As family law attorneys we constantly see the horrific emotional and physical affects of domestic violence toward spouses and children. Domestic violence is a tragic type of violence that is a serious offense that should be immediately reported to law enforcement and the courts! It is important to document with the police, friends, and family members. We daily help women and men deal with this family taboo and help free their families from the emotional and physical scarring these acts of abuse cause.

Similarly, because we know of the devastating affects of this type of violence and the serious ramifications that a restraining order has, we carefully select our cases and ensure that women and men are not using these allegations as swords to keep moms and dads from their homes and from their children. We are committed to also helping those who has been falsely accused of domestic violence. It is an injustice for false serious allegations to be used as leverage in custody battles and divorces.



DOMESTIC VIOLENCE PREVENTION ACT (DVPA): WHO IS PROTECTED?

The law is on your side! California Family Code § 6200 et seq. incorporates this act. The intent of domestic violence laws are to prevent the acts of domestic violence from reoccurring.
California Family Code §6211 specifically states those who can be protected by a Family Law Restraining Order. Those people are as follows:

- Spouse: A spouse or former spouse.

- Cohabatant: or a person who regularly lives with you in your home, or who regularly lived with you in your home.

- Dating Or Engagement Relationship: A person with whom you have a "dating” relationship with, or have been
“hooked” up with in some way. A "dating relationship" is defined by the Family Code as having "frequent, intimate associations primarily characterized by the expectation of affection or sexual involvement independent of financial considerations."

- Coparent: A person with whom you have had a child with.

- Child: if you are a child of the person who is committing domestic violence.

- Blood Relatives: if you are related to the person by consanguinity or affinity within the second degree. In other words, father-in-laws and brother-in-laws are included.



HOW TO PROVE DOMESTIC VIOLENCE? “HE SAID, SHE SAID” vs. “PROOF”

California Family Code § 6300 specifically states that a person must show "reasonable proof of a past act or acts of abuse" in order to obtain a protective order, or a restraining order against one of the persons above.
The Family Code defines "Abuse" as intentionally or recklessly causing or attempting to cause bodily injury, sexual assault, or placing a person in "reasonable apprehension" of imminent serious bodily injury to that person or another, or engaging in any behavior that has been or could be enjoined pursuant to Ca Fam § 6320.
In other words, a person does not have to physically touch you to have abused you. For example a person who shatters a mirror with their fist and says, “I’m gonna kill you next,” may be committing domestic violence. In this example, you should immediately call the police and flee to a safe place. You should take pictures of the shattered mirror, and ask the officer to find the person who shattered the mirror, to see if the police can find any physical wounds or blood that links them to the breaking of the mirror. Immediately after the incident the victim should obtain a restraining order against this person to prevent this person from any further retaliations.



MAKE SURE TO OBTAIN A RESTRAINING ORDER AND OTHER ORDERS TO BE PROTECTED:

When a person is seeking a restraining order, they can ask the Court for the following additional temporary orders:

- Temporary Custody: where the custody of a minor child is in issue, a parent may ask for sole physical and legal custody until the other parent seeks help by engaging in parenting classes, a 52 week batterers program, anger management, drug testing, or any other program the court seeks to be just and proper.

- Temporary Child Visitation: a parent may ask for no visitation, or supervised visitation, depending on the severity of the violence that was committed by the other parent.

- Child Abduction Prevention Orders: if there is a risk that one parent may abduct a minor child and flee to another county, state or country, then you should alert the court to this.

- Dwelling Exclusion: You may want to ask the court to order the person out of the family home. In domestic violence cases, you may be asked to leave the home temporarily, even if you hold title until a full hearing takes place. You must show the court that you have some right to remain in the premises.

- Firearms Restraining Order: Typically if a restraining order is granted, then the person who is the alleged aggressor must turn in to the local law enforcement any and all firearms they have in their custody and possession. The alleged aggressor may NOT own, possess, purchase, or have under their care any type of firearm.

- Wiretap Order: Also, you may want to ask the court to allow you to record any communication that the aggressor attempts to make with you or has with you in violation of the temporary orders. If you do not have this provision written in an order than you may be in violation of Federal wiretapping laws



HOW DO YOU OBTAIN PROTECTION/ A RESTRAINING ORDER

In California, you typically request an emergency order, or an ex parte hearing. To obtain an ex parte hearing, you fill out all the appropriate paperwork in your county and make sure that you specifically in detail explain the most recent incident of abuse and any other specific incidents of abuse that you have sustained. If the abuse has been in the presence of your children or someone else, make sure you include their statements. Also include any Emergency Protective Orders or Criminal Protective Orders, along with police reports that have been issued to you for this incident or other incidents of violence. The goal is to get the Judicial Officer’s attention on the face of the documents.

Usually, you will find out within an hour or two if the Judge has given you a temporary restraining order. If you have been given one, make sure you take to your local enforcement agency so that they can serve it on the person who has committed the act of abuse. Also, make sure you carry one on you at all times, and have distributed one to the child’s school, place of employment, or any other place you frequent.
A temporary restraining order is usually only given to you for a period no longer than twenty-one (21) days. During this time, the court sets a hearing, and at that hearing the person who was alleged to have committed domestic violence is given notice and must appear to defend himself / herself. This hearing is then a mini-trial where each person presents their evidence, testimony, arguments, and reasoning for obtaining a restraining order or defending oneself from getting a permanent restraining order issued against them.


AS FAMILY LAW ATTORNEYS, WE CAN HELP YOU! FOR MANY, THIS IS A TEDIOUS PROCESS; HOWEVER WITH THE CORRECT GUIDANCE WE CAN HELP GUIDE YOU THROUGH THIS DEVASTATING CHAPTER!