By Jamie Joaquin
SAN FRANCISCO, CA — On Thursday morning, San Francisco Superior Court Judge Teresa Caffese granted a partial modification to a criminal protective order at the request of a 74-year-old woman seeking contact with her son, in light of his years of documented rehabilitation and sobriety.
The accused, present and out of custody, was initially charged with attempted murder in 2017 after stabbing his mother while highly intoxicated. Following the incident, a 10-year stay-away order was issued. He was incarcerated and entered a rehabilitation program upon release.
The victim, accompanied by a victim advocate, asked the court to lift the protective order.
Deputy District Attorney Karen Catalona asked why the victim appeared in court, to which she stated, “To get this resolved. I’d like to see my son.”
When asked by Catalona if she had any doubts about allowing her son to see her, the victim stated she had none. She explained that she has cameras set up in her house and that visits with her son could be limited to public spaces.
Catalona opposed the request, pointing out the violent nature of the original offense and the presence of family members who had to intervene during the attack.
She acknowledged the accused’s progress in his sobriety but emphasized concerns over the risk of relapse. She noted that the accused had struggled with sobriety prior to the incident and suggested his relapse ultimately led to the stabbing.
To facilitate what she described as a safe way to restart contact, Catalona proposed that the mother and son begin with phone calls and eventually move on to contact in public spaces. She stressed that her goal was to make the court aware of potential danger.
Catalona said she was unaware of the exact dates of the accused’s most recent relapse, but she underscored that, at the time of the offense, he was a “heavy user of hard drugs.”
Deputy Public Defender Anita Nabha argued that the accused has maintained excellent performance on parole and has been sober since the incident—seven years ago. She said he is currently employed full time, engaged in outpatient recovery programs, and pursuing higher education.
Nabha stated that the defense was not opposed to a peaceful contact order. “But I don’t think (victim) wants to wait multiple years to spend Christmas with (accused)… it’s been seven years since the order prohibiting contact.” She added that the accused has not once violated the stay-away order.
Nabha said the mother and son should be allowed to enjoy each other’s company appropriately and stressed that the mother has observed her son’s recovery from afar.
“It seems the victim has already set boundaries, has a safety plan, and a modification would allow her to see him,” said Nabha. She argued that limiting their contact only to public spaces seemed “too restrictive.”
Judge Caffese asked the victim, “Doesn’t it seem more prudent to take gradual steps?” The victim nodded in response from the stand.
Despite the victim’s request, the judge emphasized that the stay-away order was for 10 years, which is not yet complete. Caffese approved a limited modification, allowing phone calls and in-person meetings only in public spaces where others are present within 10 to 15 feet.
The judge indicated that both parties may return before the holidays to revisit the matter and consider expanding contact to private family settings for Christmas.
