Heartbreaking Injustice in California Family Courts: Mom Jailed for Protecting Kids from Abusive Dad

In a gut-wrenching case that’s shaking parents nationwide, Giselle Smiel — a devoted mom and domestic-violence survivor — now faces five felony charges and $500,000 bail for the “crime” of refusing to force her terrified 10- and 15-year-old children to visit their convicted abuser.

Meanwhile, the father — who strangled her and walked away with a diversion deal and $50,000 bail — now has full custody.


A System Turned Upside Down

This nightmare unfolded in California’s broken family-court system.

Despite active 10-year protective orders and the children’s desperate pleas — crying, hiding, even threatening to jump out a window — the court flipped custody to the father during a shady hearing that Giselle missed because she was in the hospital with her son.

No evidence was reviewed.
No child testimony was heard.
No protections like Family Code §3044 or Piqui’s Law were applied.


From Safe Home to Jail Cell

When the children later refused visits, police swooped in — separating the family and sending the kids to the controversial Polinsky Children’s Center before handing them to their father.

Giselle was arrested and jailed, denied basic rights, and represented by a public defender who failed to raise critical defenses — including her legal duty to protect the children from danger.


DARVO on Display

As journalist Julie M. Anderson-Holburn exposes in her explosive Substack report, this is DARVO in actionDeny, Attack, Reverse Victim and Offender.

Courts are letting abusers weaponize procedure while survivors are punished.

“Giselle Smiel is not a criminal. She is a mother. A survivor,” Anderson-Holburn writes.

The children have been re-traumatized — now labeled “brainwashed” for fearing the father who once hurt their mom.


A Warning for All Fathers

Fathers everywhere: this isn’t just her fight — it’s a warning.

When courts weaponize custody against protective parents, every family loses.
True fatherhood means protecting children, not punishing the parent who does.


Take Action

  • ⚖️ Demand reform — enforce Family Code §3044 and Piqui’s Law
  • 🕊️ Drop the charges against Giselle Smiel
  • 🔍 Investigate judicial misconduct and agency collusion
  • 💜 Support her legal fund: [GoFundMe link]
  • 📅 Join the Nov. 11 D.C. Summit on Family Court Violence

Read the full investigative story: “Abuser Held on $50K, Gets Diversion…” by Julie M. Anderson-Holburn on Substack.


Discover more from Fatherand.Co

Subscribe to get the latest posts sent to your email.

Michael Phillips

Michael Phillips is a journalist, editor, creator, IT consultant, and father. He writes about politics, family-court reform, and civil rights.

More From Author

Government Failure at Its Worst: How Maryland’s Foster System Left a 16-Year-Old Girl to Die in a Hotel Room

The Moral Economy of Neglect: How Maryland’s “Compassionate Governance” Betrays Its Foster Children

Leave a Reply

About
Father & Co. is an independent journalism and advocacy platform dedicated to rebuilding trust between parents, children, and the systems meant to protect them.
We report the stories others won’t—on family courts, child welfare, disability rights, and constitutional accountability.
Learn More