Badass mother shields kids, survives shooting rampage

Tiffany Phommathep was shot five times, then drove herself to get help.

By now, you've heard about the California man who went on a violent shooting rampage Tuesday, killing five and wounding twelve others in Tehama County, before he was killed in a shootout with police.

Kevin Janson Neal killed his wife and hid her body in a hole he cut in the floor of his trailer house. He then murdered four other people during a 25-minute tear through the rural community that ended with a shooting at Rancho Tehama Elementary School. An additional six adults and six children were wounded.

But did you hear about the woman who was shot five times, using her body to shield her kids — and lived?

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Angry Reader of the Week: Jezzika Chung

"Today, I'd say I'm someone who isn't running away from who I am."

Hello, good readers of this blog. Here's what's up. Once again, it's time to meet the Angry Reader of the Week, spotlighting you, the very special readers of this website. Over the years, I've been able to connect with a lot of cool folks, and this is a way of showing some appreciation and attention to the people who help make this blog what it is. This week's Angry Reader is Jezzika Chung.

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They Call Us Bruce – Episode 28: They Call Us Unicorns

Jeff Yang and Phil Yu present an unfiltered conversation about what's happening in Asian America.

What's up, podcast listeners? We've got another episode of our podcast They Call Us Bruce. Each week, my good friend, writer/columnist Jeff Yang and I host an unfiltered conversation about what's happening in Asian America, with a strong focus on media, entertainment and popular culture.

Live from the San Diego Asian Film Festival! This episode, recorded in front of a live studio audience, we welcome fellow Potluck podcasters Marvin Yueh and Ada Tseng to pitch our hypothetical "unicorn" Asian American movie projects to studio execs Fritz Friedman and Paula Madison.

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Amnesia, Dammit: Korean Drama Podcast – Boys Over Flowers #24

A K-Drama re-watch podcast by (and for) people who don't watch Korean dramas.

Are you a fan of Korean dramas? Then this podcast is probably not for you. The Korean Drama Podcast is the K-Drama rewatch podcast by (and for) people who don't watch Korean dramas.

In season one, host Will Choi (founder of Asian AF) and I — both self-professed Korean drama beginners — with help and hand-holding by our resident K-Drama expert Joanna Lee, attempt to watch and discuss the 2009 megahit drama Boys Over Flowers in its entirety, episode by episode.

We are at the penultimate episode of Boys Over Flowers, and in this episode, they really pull out the big guns! Epic cries, sauna scenes, and the mother of all K-Drama tropes… AMNESIA!!!!!! Listen as we simultaneously roll our eyes and get drawn into the drama on this episode of the Korean Drama Podcast!

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What about the fur-babies?

Relationship breakdowns are one of the hardest things any person can go through.  We know that this can be even more challenging when there are children involved.  But little focus is often given to the family’s animals and where they fit in from the outset.  For many, “fur babies”/the family’s pets are like children.

The Family Court and Federal Circuit Court however does not see it this way. The Family Law Act (1975) Cth does not make specific reference to pets and they are essentially treated in family law as assets to be adjusted between the parties.  So, just like the car or the caravan, the pets are often allocated to one party or the other.

This also means that the Family Court and the Federal Circuit Court cannot determine the shared custody arrangements for your beloved furry friends.  While some fur parents are choosing to enter into agreements just like a parenting plan for children, or record an agreement by way of a Notation to proposed orders, the Court has no power to enforce these ongoing arrangements.

If a pet is an asset, what is the value?  For some, the answer is: priceless!  For the Court, this is not so clear.  The value of an animal is what the market dictates, so the market value.  Generally, a nominal value is attributed to pets unless they are show dogs or pedigree animals.

What if you can’t decide on who is to keep your pet?  It’s similar to how a determination is made by the Court about who keeps any other asset.  The Court will consider who the animal is registered to, who takes primary responsibility for the animal and where the pet can be appropriately housed.  Past case law tells us that any attachments by a child of the relationship to a pet may be a weighty factor.

Some overseas jurisdictions have moved towards shared care arrangements for pets but, as yet, the Australian Legal system is yet to catch up.

Contact Daykin Family Law today to talk about how we can help you separate amicably and reach an early agreement without running up unnecessary costs.

Protective orders and child abandonment allegations

California has a very broad definition of domestic violence — and victims’ advocates say that it’s necessary in order to protect victims from subtle forms of abuse like harassment or stalking.

Unfortunately, that also makes the law easy to abuse when someone who isn’t a victim wants to cut his or her child’s other parent out of his or her life — and out of the child’s life as well.

Sometimes, it can be very effective. Since there are rarely witnesses around to exchanges between the two principal parties involved, the judge is usually forced to make a decision based on nothing more than one person’s word. Judges may side with the alleged victim simply because they’re afraid that if they don’t, the next time they hear that person’s name, it will be on the news — as a murder victim.

Parents willing to abuse the court system are also often willing to abuse the processes used by Children Services. They’ll fabricate an abuse allegation — alleging that their spouse or ex-spouse inappropriately touched the child or did some other indecent act.

As one father was told, findings often fail to clear the name and reputation of the accused (most of whom are fathers). The results of an investigation will be listed as “inconclusive” because even though there’s nothing to back up the other parent’s claims of sexual abuse, there’s nothing to disprove the claim either.

While that might not sound so terrible, it actually is. When the father goes into family court, the allegation follows him. The judge doesn’t know the evidence — all he or she knows is that there was nothing exonerating the accused. That can lend weight to other accusations of abuse even though it’s just a bit of legal shade being thrown.

The end result is that a parent can be put under a protective order that forbids him or her from contacting both the ex-spouse and his or her children. Eventually, the ex-spouse can use that as leverage to try to get the other parent’s rights over the children terminated due to abandonment.

An attorney can help if you find yourself in this sort of predicament where an unfair order of protection is keeping you from seeing your kids.

Source: newsreview.com, “Parental restraints: California's domestic violence law can leave nonviolent parents facing protective orders,” Alastair Bland, Nov. 02, 2017

Racist train attack caught on camera

Man calls Asian passenger racial slurs before repeatedly hitting him on a BART train.

Can't a guy just ride the train in peace without being accosted, called racial slurs and getting punched?

In the Bay Area, a man was caught on camera attacking an Asian passenger on a BART train, calling him racial slurs before punching him multiple times. The video, recorded Monday night, has since gone viral.

The assault happened on the Richmond line going south to Fremont around 10:00 PM. A man in a blue shirt boarded the train at the Coliseum station and got into a verbal altercation with another passenger, San Francisco Chronicle as Charles Wu, who was sitting down. According to a witness, the man was saying the n-word repeatedly on the train, and Wu stepped in and told him to stop. Blue shirt apparently didn't like that.

Video of the incident, recorded and posted to social media by fellow passenger Wiseley Wu (no relation), shows the man calling Charles Wu a "Chinese n**ger," among other profanities, and threatening to punch him. Things escalate when he reaches over and hits Wu in the shoulder and head.

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