The Girl in the Halo

By Alan L. Nobler

In mere seconds of powerful force during a drunken sexual assault, Carol Collins' husband breaks her neck. Fleeing from the abusive relationship, required to wear a medical halo, she seeks counsel from her attorney, mental health counselors, and family court judges to cope with the fallout on her son, herself, and her future, seeking just compensation from the influential Collins family.

 

With an easy-to-read pacing and style, California attorney Alan L. Nobler brings decades of experience dealing with Silicon Valley's family court system into this starkly compelling novel, underlining not only how far we have come in dealing with issues of domestic violence, but how much progress still remains.

 

Framed as a discussion between retired attorney Steve Gregory helping his 17-year-old grandson Harris choose a career, Steve's vivid descriptions of his most memorable case—The Collins Case—shed light on how victims' choices are limited; how real estate wealth creation can and has influenced politics and prosecutorial conduct; how logistics of time and space can shape outcomes as much as right and wrong; and how even when the system appears rigged against helpless victims, creative strategies and collaborative approaches can bring about justice, despite those obstacles.

 

For those who have never faced the kinds of immediate decisions foisted upon law-abiding citizens dealing with criminal conduct of others, or coped with the unimaginable delays of scheduling calendars, limited expertise and funds, this fictional account of the reality of what is involved in shepherding a case through the court system is eye-opening.

• Language: English
• Publisher: Alan L. Nobler
• Release date: Mar 15, 2021
• ISBN: 9781393324720

Book preview

THE GIRL IN THE HALO

A Novel

By

Alan L. Nobler

The Girl in the Halo illuminates the poorly understood problems associated with domestic violence experienced daily by family law attorneys and victims. It vividly depicts the frustrations faced by those involved in the legal system. While it should be required reading for law students and judges, it is a compelling read for anyone interested in this important societal problem. It's a wonderful book.

Garrett C. Dailey, CFLS, AAML, IAFL, ACFTL

Author & publisher of Attorney's BriefCase®

Family Law Research software

* * * * *

When I read this book, it reminded me of my years sitting on the bench. The case the author describes is special, but it is also typical. This story is played out every day in our family courts. The dynamics of domestic violence are well known and this story exemplifies those dynamics very effectively.

In fact, it is a book I could not put down. Will she change her mind and go back to her husband/abuser? Will she be able to testify in court? Will she be able to regain custody of her child?

And what about the attorney representing her? Will he succeed? Will he ever get paid? Will the professionals he has consulted be paid?

There are so many different aspects to this case and the book explores them thoroughly. I strongly recommend that you read it. You won't be disappointed.

Judge Leonard Edwards

Former Superior Court Judge, Santa Clara County, California

Judge-in-Residence, Center for Families, Children & the Courts

* * * * *

Reads like a powerful legal thriller...captures the role of money and legal maneuvering, including the pitfalls of representing an aggrieved victim. I enjoyed reading this in one session.

Lilly Grenz, LCSW

Former Director of Santa Clara County Family Court Services

* * * * *

The Girl with the Halo takes an intolerable topic and makes it not only tolerable, but compelling with its fast-paced, insightful, poignant and sometimes funny telling. An important must read.

Ann Ravel

Former Santa Clara County Counsel,

Deputy Assistant Attorney General for Torts & Consumer Litigation

in the Civil Division of the U.S. Dept of Justice,

and Commissioner of the Federal Election Commission

* * * * *

A minority of domestic violence survivors involved in Family Court child custody litigation are fortunate enough to have the kind of legal representation and informed victim advocacy like that provided by attorney and his colleagues in Alan Nobler’s The Girl in the Halo.

While the Courts are better informed and laws are more responsive to domestic violence issues than in the mid-1980s when the book is set, the traumatic impact of domestic violence on its victims, including children exposed to such abuse, continues to be minimized and discounted. Family Law judges, attorneys, and involved mental health professionals across the country typically receive little training on the dynamics of domestic violence and trauma-informed responses to litigants. Without such training the legal system itself can be inadvertently coopted into enabling the offender’s continued abuse of power and control over the victim-survivor.

Kudos to the author for shining a light on a problem which, over the course of a lifetime, along with rape and/or stalking, effects more than 1 in 3 women and 1 in 4 men in the United States.

Steve Baron, MA, LMFT (ret.)

Santa Clara County Domestic Violence Death Review Team

Former Director of Santa Clara County Family Court Services

* * * * *

People, especially women, going through a dysfunctional marriage often feel helpless and our legal system too often fails them. While a work of fiction, this page-turner reads like a true story, as it engulfs the reader into the psychology and reasons why people get trapped in violent relationships.

Written for the general public to learn the dynamics between attorneys, their clients, and the courts, I would also recommend it for legal professionals to understand what dilemmas many people face coping with failed relationships in real life. Attorneys who do not practice family law will learn that Carol’s story is not an isolated one, and this book should be mandatory reading for all new attorneys that are going into family law. 

It’s a stunning portrayal of our chaotic legal labyrinth, and should awaken the powers to be to consider what more can be done to help these victims.

Hal D. Bartholomew, CFLS, AAML

Bartholomew & Wasznicky LLP, Sacramento

Former President & co-founder of Collaborative Practice California

* * * * *

A fast-paced, easy-to-read book that explained facets of the legal system I’ve not seen on TV or in other books. Its description of family dynamics and the cycle of domestic abuse is accurate and well presented. I enjoyed the character of Dr. Gold and the way she related to both her client and the lawyer.

Rocki Kramer, LCSW

Founder & Former Executive Director

Almaden Valley Counseling Service

The Girl in the Halo by Alan L. Nobler

Copyright © 2021

This is a work of fiction. Names, characters, places, and incidents either are the product of the author’s imagination or are use fictitiously. Any resemblance to actual persons, living or dead, events, or locales is entirely coincidental.

All rights reserved. No part of this book may be reproduced or utilized in any manner or by any means, electronic or mechanical, without prior express written permission of the author, except as provided by the United States of America copyright law.

Cover design by Sue Bialson

ISBN: 978-1393324720

a PennedSource Production

Dedication

First, to my wife, Barbara, who kept me grounded during my years of practice and in writing this book. Fifty-six years and counting.

Second, to the many victims of spousal abuse, both women and men, I worked with during my forty-eight years practicing law in Santa Clara County, California.

CONTENTS

Prologue

1 - The Collins Case

2 - The Girl in the Halo

3 - Steve's Misgivings

4 - Conversation with Harris

5 - Strategy

6 - Divorce Papers

7 - Attorney Don Fraser

8 - Psychologist Dr. Diane Gold

9 - Waiting

10 - Dr. Gold Talks Domestic Violence

11 - Bill Collins' Declaration

12 - Something Positive

13 - The State Fund for Victims

14 - Protective Order Required

15 - Neurosurgeon Dr. Angelo Anton

16 - Motions & Protective Orders

17 - Valuing Medical Professionals

18 - The Court Calendar

19 - Checking in with Dr. Gold & Carol

20 - Meeting at Carol's Parents’ House

21 - The Preliminary Hearing

22 - More Criminal Charges?

23 - Bill’s Income & Assets

24 - Motion for Support & Custody

25 - Family Court Services' Kathryn Monahan

26 - Carol's Custody Readiness & Other Lies

27 - Obstacles

28 - Carol's Response to Initial Success

29 - Report from Family Court Services

30 - Harris Introduced to Transference

31 - A Decision on Support & Fees

32 - Talking About Domestic Violence & Child Sharing

33 - Meeting with Dr. D & Lunch with Carol

34 - More About Transference

35 - Carol's Deposition

36 - Bill’s Deposition

37 - Custody Hearing & Special Master

38 - Monahan Reports on Bill's Girlfriend

39 - Criminal Update

40 - Personal Injury Case & Restraining Order

41 - Michelle Barnes' Deposition

42 - Thomas Collins' Deposition

43 - Motion to Consolidate in General Civil Court

44 - Motion to Consolidate in Family Court

45 - Settling the Divorce

46 - The Drama Triangle

47 - Personal Injury Settlement Conference

48 - Opening Statements

49 - Bill's Unexpected Testimony

50 - Dr. Gold's Testimony

51 - Carol’s Testimony

52 - Bill Takes the Stand

53 - Closing Arguments

54 - Coming Down

55 - Judgment

Acknowledgements

Author’s Note

About Alan L. Nobler

THE GIRL IN THE HALO

Prologue

February 9, 1985

Carol trembled, lying naked under the sheets, the way Bill wanted to find her whenever he stumbled home late at night. Despite her bared skin, Carol was not shivering from the unusually blustery cold of the early morning hour; rather, it was the chill of what she knew was about to happen to her. Five days until Valentine’s Day and he was out drinking with his boys on a Saturday night.

The minutes ticked by. Her fears turned to dread. She cried quietly into her pillow to keep from disturbing 18-month-old Joey, asleep in the next room. She heard the front door click open, counted Bill’s stumbling footsteps coming to their bedroom, listened to him kick off his shoes, unbuckle his belt, drop his pants, finish stripping and climb into bed beside her.

Carol anticipated he would be rough with her, as usual whenever he had been drinking, but she flinched at his unexpected movements behind her. With a swift jerk, he slipped his arms under hers, forcing her shoulders back, and gripped her skull with his hands behind her head in a full-Nelson headlock. He had demonstrated that position to her before, when he’d bragged about the indefensible hold he learned on his high-school wrestling team. But tonight it wasn’t just for show. It was different. He continued increasing the pressure, forcing her head forward.

Helpless in his grasp, alarmed by his silent power, immediately her mind raced to how she could protect herself. Nothing. He’d never been this brutal before.

Stop! she screamed, no longer caring if she woke Joey.

Bill shifted and instead angled her head forward even more.

Carol heard the bones in her spine crunch. A stab of pain shot across her neck.

Sobbing, not daring to struggle against his grip, she begged Bill to release her so she could pee first and get some lubricant. Bill relaxed his hold with a grunt of reluctance and fell back against the pillows, arm across his eyes.

Carol scrambled from the bed and walked slowly into the hall. Suppressing a moan, she stumbled from the house and across the street to Jill’s home. She pounded on the door, praying for it to open quickly.

"Carol, dammit, you come home, now!" Bill bellowed, his voice carrying in the hushed quiet, his bare feet smacking the front porch steps, charging after her.

Jill’s door opened a crack, then all the way open. Jill stood with her bathrobe clutched in her fist, mouth agape. Looking over Carol’s nude shoulder, Jill screamed and pulled Carol inside, locked the door, and called the police.

1 - The Collins Case

July 4, 2016

Everybody had gathered at our house in San Jose to have a semi-traditional Fourth of July BBQ. By everybody, I mean three generations of the Gregory and Cramer families. My eldest grandson, Harris, had come into the garage with me to load up the cooler with cold beer. We each took a handle to head back to the pool with our haul when he stopped me.

Grandpa, he said, I’ve got a decision to make about what to study when I go away to college next year. At 17, he had just finished his junior year in high school. His light brown hair fell almost down to his shoulders, still tangled from the pool. A sweet smile got him almost anything he ever wanted, always at the ready, coupled with hazel eyes and a hint of a lisp that was as disarming as his smile. He had good grades and, already an inch taller than my five feet, ten inches, was really into sports.

What are you interested in? I wished Harris’ dad, Aaron, had asked me for this kind of advice when he was this age.

Nothing really grabs me for a career. Dad says I should interview all my grandparents about their professions to see if anything they have done inspires me.

What have you found so far?

I wanted to do this with you, first, he said, turning his signature smile at me.

How could you not love this kid? Well, let’s get this beer delivered before they send out a search party, then find a place in the shade to talk. It was 95 degrees out and the pool was full of bodies.

We set the cooler in the shade of the house and each grabbed a bottle.

We’re going to relax in the corner, I called out. Nods and thumbs-up acknowledged us. As we settled in, I said, OK, Harris. It’s your interview. What do you want to know?

He reached into his pocket and took out a folded piece of paper. I saw he’d written out a list of questions. Good for you, I thought, but instead of telling him, I just waited.

First, he started, I’d like to know what was it that made you decide to become a lawyer.

I didn’t even have to think. The war in Viet Nam.

He looked surprised. We studied that. What did that have to do with you? Were you in the war?

When I graduated from college in 1964, we had a military draft in place to get soldiers for the war. I didn’t want to go. I realized I had two choices: enlist in a branch of the military that might not get sent to Viet Nam or go to graduate school. There were deferments—postponements—available to graduate students. There were also exceptions for married men. So, I doubled down, asked Grandma Sarah to marry me and also enrolled in law school.

How did you pick law school?

My degree was in business. I thought about an MBA—a Master’s in Business Administration—but that was only two years and law school took three. So, I did the math and went to law school at Santa Clara University.

And that’s where you met Uncle Marty?

I smiled. Yes. We were the only two Jews in our class at a Catholic University. We bonded and have been friends ever since.

Marty Cramer grew up in the Boyle Heights section of Los Angeles. He was a decent student, but a star on the basketball court. Blonde, six feet, four inches, he had won a full scholarship to Stanford, starting on the varsity team as a sophomore. Late in that season, Marty blew out his knee and never regained the speed and agility he needed to play at that level, so he studied like crazy. Santa Clara University Law School offered him an academic scholarship; he was already exempt from the military draft as 4F due to his knee injury.

We were drawn together by our love of basketball. I had played on my high school team, and was still good enough, when paired with Marty, to dominate the pick-up games around the school and, later, after we were in law practice, at the local YMCA whenever we could break away from our respective offices. It gave us a sense of teamwork that cemented our relationship. It also was a way for us to concentrate on the basic geometry of a game and get our heads out of the convoluted problems facing us in practice. Win or lose, we always came back more relaxed than when we started.

Marty was a born crowd-pleaser. Juries loved him. Just listening to his deep baritone seemed to win people over to him regardless of the argument he was presenting. He could have gone with any of the big trial firms in town, but after five years working at our respective firms, we formed Cramer& Gregory in 1974. It was a true 50-50 partnership, a rarity among lawyers.

Harris peeked at his list of questions. Was it fun, you know, being a lawyer?

Sometimes, I said. But mostly it was hard work. Looking back, I can’t think of anything else I could have done that would have been more gratifying, even if I’d gone into business the way I’d originally planned. For me, it was all about working with people, one on one; helping them solve problems they couldn’t solve by themselves.

What was your most interesting case?

The Collins case, I said. But we won’t have time to talk about it now. I see your Grandma Sarah coming over here, and I think that means it’s time to start the BBQ.

Sarah, petite and trim, with short brown hair—only her hairdresser knows its real color—waved at us. I know she was happy that Harris and I were having a real conversation and not horsing around doing something that would wind up with me, once again, needing a trip to the emergency room.

What are you guys so deep in conversation about? she asked with a smile.

Grandpa was just about to tell me about the Collins case, Harris said, with a sly grin.

She laughed. That will take hours, maybe days. It’s time to get social, Steve. We have a large crowd to feed.

Harris, I said, getting up. Grandma’s right. When can you come over and spend the day?

He pulled out his phone and stared at the screen. Well, he said, today’s Monday. I’m working for Uncle Alex on Tuesday, so ... He scrolled through the entries. How’s Friday?

Uncle Alex was Marty’s son. He owned three McDonald’s franchises in town and all of the kids seemed to get their first jobs with him. It was a great way to introduce them to the workforce and convince them to go to college. ‘Hamburger U,’ the McDonald’s training school in Chicago, wasn’t our first choice, even though McDonald’s had made Alex wealthy.

We agreed to continue the conversation over breakfast that coming Friday, and returned to the party. Harris jumped into the pool and I headed to the barbeque, clasping and swinging Sarah’s hand. I pushed the haunting memories of the Collins case to the back of my mind, again, relying on my lifelong partnership with this wonderful woman to keep me grounded over the coming days.

* * * * *

After our breakfast that Friday morning, Harris joined me to walk Sasha, our six-year-old Golden Retriever. As we set out, Harris asked, What made this case stand out from all the other cases?

"Let’s start the story and then you can