(For further understanding of ACP, review: Address Confidentiality Programs for Victims of Domestic Violence.)
Why is my case important?
My (now ex-)husband attempted to kill me on March 14, 2011. I was granted an Injunction for Protection Against Domestic Violence (often called an order of protection or restraining order). I relocated to Maryland and began participating in an ACP.
A year later, as part of discovery (see below) I was ordered by the divorce judge in Florida to disclose information to my ex that revealed where I live, work, and seek counseling for domestic violence.
If this decision is NOT overturned on appeal, an important legal precedent (see below) will be set. This precedent can then be used in all future cases involving domestic violence in any court in the U.S. A domestic violence victim will have NO right to maintain confidentiality of her address.
Worse ... every persistent abuser seeking to locate a victim who got away, can simply set up residence in Florida for a few months and sue her in civil court. Every civil case requires discovery. No matter where the victim lives, whether she participates in an ACP or has an injunction/order for protection, a Florida judge will be required to order disclosure of her residential address and employment details.
It can also be used in settlement negotiations. For example, an abuser's attorney may threaten a victim with: "If you do not settle this case now for $(piddly amount) ..." or "If you do not agree to this (terrible) custody agreement, we will ask the judge to order you to tell us where you live and work."
There is only ONE reason a domestic violence victim participates in an ACP: she wants to remain safe. If a court can now order a victim to disclose that information to her abuser, ACPs will be rendered moot.
What is a Legal Precedent?
A legal precedent is a decision made by one court which then sets up an authority by which other similar decisions in other courts are bound.
What is Discovery?
Every lawsuit involves "discovery." The idea behind discovery is that each side gains access to all the relevant facts and documents pertaining to the case prior to trial. For example, in a divorce case, each party has the right to know about the other party's financial assets, earning ability, living expenses, etc. Therefore, one party can request that the other party furnish bank statements, credit card statements, rental leases, pay stubs, etc.
For a domestic violence victim (especially one who has relocated to avoid further abuse) disclosing this type of information is not merely invasive -- it could also become lethal.
But can't information be redacted/withheld?
Yes, courts allow for "Discovery Protective Orders." These are orders of the court which allow a party not to reveal certain information if there is good cause as to why that information should not be disclosed.
Aha! One would think that would be something a domestic violence victim could avail of to prevent an abuser from discovering her new location. Guess again ...
Did I file for a Protective Order?
Yes, my attorney filed such a motion regarding my address, where I work, and obtain counseling. The judge denied it, ignoring the fact that I'm a domestic violence victim and that revealing such information to an abuser could place my life in jeopardy.
With further urging from my attorney, the judge asked his attorney not to reveal my home address to his client as a courtesy (not a requirement), but refused to allow me to maintain my work address or where I seek counseling confidential.
This left me in a vulnerable position because my ex, at any time, is entitled to review a copy of his attorney's file and, therefore, become aware of my address. More importantly, since I don't drive, he could easily follow me home from work or counseling on public transportation. And that doesn't even address the potential danger of him knowing where I work -- both to myself and to my co-workers.
What were my choices?
I had two choices: 1. Comply with the judge's order regarding discovery and risk my livelihood and my safety. 2. Comply, but redact any information that would reveal my location -- essentially disobeying a court order.
I chose No. 2. It had been more than a year since his arrest. It had taken all the strength I had to escape the abuse that continued thereafter. He had already taken everything I owned. I couldn't give up the one thing I have left: my safety.
How did that work out?
The judge struck my pleadings and prohibited me from participating further. My ex then not only got a default divorce -- awarding him ALL the assets -- he fraudulently omitted the most valuable asset: the pool business. He claimed he was entitled to attorney's fees because I disobeyed a court order. With some funky fraudulent mathematic calculations the judge did not question, he was awarded almost $31,000 in a financial judgment against me.
Surprise surprise! This financial judgment provides him with yet another avenue to track me down. He can domesticate the financial judgement to Maryland, require me to disclose where I work and bank, garnish my wages, and attach my bank accounts. Worse again, he can continue to do this for ten years, renewable for another ten years thereafter.
As a result, I had no choice other than to appeal the divorce. My appeal has been pending since July 18, 2012.
Are there other cases like this?
While researching for my appeal, I was quite surprised to discover that this issue had not been challenged in a Florida court before. In fact, I was only able to find ONE case in the entire US that is in any way similar: Sacharow v. Sacharow
The Sacharow case is substantially different from mine. There was a child involved; therefore, it was argued that the father had a right to know where his child was living. Also, Ms. Sacharow was not granted a domestic violence injunction/ order of protection against her husband.
Of interest, however, is the footnote in that case:
"We do not anticipate a challenge to address confidentiality generally or to ACP status in particular in cases that do not involve children. It is hard to imagine why a party without children would need to know his spouse or former spouse's address. To be sure, there might be residual financial entanglements between them, but those easily could be overseen by the Probation Department or another intermediary without the need for personal contact."Since Sacharow is a New Jersey Supreme Court case -- although cited in my appeal -- it remains to be seen whether a Florida appellate court will consider it. Its relevance to my case is that we had no children and there was no need for my ex to be aware of my new address. Any financial entanglements could have been overseen by someone else without him being able to find me. But that, of course, was not how it turned out ...
A Brief Summary of My Case
