“It just seems rather horrendous that a woman would have to go through the indignity and shame of reliving these painful incidents or be jailed. It would, in fact, create a chilling effect to a lot of individuals who may be frightened to report these kinds of behavior,” Yee said.

While Paul DeMeester, attorney for Katina Britt, is excited by the idea of helping future victims, he is still pushing for action that will aid his client.

Yesterday, Judge Robert Foiles dismissed the contempt matter against Britt but declined to set aside the two citations. DeMeester is filing a request today with the Court of Appeals to both remove the marks from her record and make some decisions about the definition of a consequent proceeding. Current law lets a domestic violence victim can be held in contempt by refusing to testify in a second hearing against his or her alleged abuser.

“In my view, it’s best that the court weigh in and give some guidance for future trial courts,” DeMeester said.

Meanwhile, he will work with Yee in crafting an amendment to the law that lets District Attorney Jim Fox threaten Britt with contempt.

Yee expressed interest after learning of Britt’s pending incarceration. After extensive research on the current law and what legally could be done, Yee  announced yesterday his intention to submit the bill this week.

The bill will propose to make domestic violence victims similar to sexual assault victims who cannot be jailed on contempt charges if they refuse to testify. Yee’s staff is currently drafting the exact language and expects a committee hearing in early January in either public safety or judiciary, said spokesman Adam Keigwin. Yee will make a formal announcement in January and hopes to include Britt in the process.

The bill will either be sponsored by Community Overcoming Relationship Abuse or DeMeester, Britt’s attorney, Yee said.

Britt narrowly escaped incarceration last week after the Court of Appeals issued an emergency stay on Dec. 12. The halt to the contempt charge ended up being a moot point, as prosecutors dropped domestic violence charges against her ex-boyfriend, David Gilford, and the case headed to a jury. The jury convicted Gilford, 28, of felony assault and residential burglary. He faces about seven years when sentenced next month.

While DeMeester argued Britt’s contempt threat double punishes an already abused woman, District Attorney Jim Fox countered that letting her off shows witness intimidation works. Under current law, too, a victim must testify on her own behalf rather than letting an officer or advocate report her story.

Yee, though, believes a preponderance of evidence — bruises, injuries or eyewitnesses — will be sufficient in many cases to convict a person on a different type of assault charge rather than domestic violence.

Michelle Durand can be reached by e-mail: michelle@smdailyjournal.com or by phone: (650) 344-5200 ext. 102. What do you think of this story? Send a letter to the editor: letters@smdailyjournal.com.