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31 J. Marshall J. Info. Tech. & Privacy L. 57 (2014-2015)
California's Eavesdropping Law Endangers Victims of Domestic Violence

handle is hein.journals/jmjcila31 and id is 57 raw text is: CALIFORNIA'S EAVESDROPPING LAW ENDANGERS VICTIMS OF DOMESTIC VIOLENCE JOHN E.B. MYERS* Nancy and Ken met in San Diego while Ken was waiting to be dis- charged from the Navy.1 They started dating, and soon were living to- gether; within a year, they were married. Ken got a job driving a deliv- ery truck and Nancy continued her career as a nurse. Before long, the happy couple welcomed a daughter, Ann. When Ann was three, Ken started drinking to excess several times a week and lost his job because he showed up for work drunk. Unem- ployed, sitting at home with nothing to do, and struggling with alcohol- ism, Ken became increasingly irritable. He complained to Nancy that she didn't make enough money, and didn't take proper care of the home, Ann, or him. One night, Ken's anger erupted, and he hit Nancy in the face with his fist, knocking her to the floor. He straddled her on the floor and choked her with both hands. As Nancy felt she was losing con- sciousness, three-year-old Ann jumped on Ken's back, yelling, Daddy, stop hurting mommy! Stop! Bad daddy. Ken threw Ann against a wall and stormed out of the house. This wasn't the first incident of domestic violence, but it was the most severe, and Nancy decided she'd had enough. While Ken was gone, Nancy packed a few suitcases, put Ann in the car seat, and drove to her parent's home in Fresno. Nancy filed for divorce. The couple litigated custody, with Ken denying any domestic violence, and accusing Nancy of fabricating the domestic violence story to alienate him from his daughter and gain an advantage in court. Eventually, the family court granted a divorce, with joint legal custody, and primary physical custo- dy to Nancy. Ken was awarded parenting time and was ordered to pay child support. Nancy remained in Fresno. She remarried and had a child with her new husband, John. Ken remained in San Diego. He got his alcohol * Professor of Law, University of the Pacific, MeGeorge School of Law. 1. The following scenario is a hypothetical.