( time skip 3 weeks - Short chapter!)

Things had been going well for Emma. She assisted in cases, got to know her team and cared for Noah when there was nothing happening. It was now the middle of June. Which meant her birthday was tomorrow, not that anybody knew that, except Noah and she had a feeling he had forgotten. She wasn't looking forward to her birthday. Her parents had been killed on her birthday last year and that's what had driven her to come to America. As with every morning, she waited outside her building for Rafa to arrive. This had become a daily ritual and she loved it. She put her headphone in her ears and did some stretches. Looking up at the rain-filled clouds she closed her eyes a moment. She jumped when she felt hands on her shoulders. Spinning round she crashed into her friend.

'Rafa! How many times do i have to tell you not to do that! You'll scare the life out of me one of these days!'

' Sorry carino, you open yourself up to it every day. Are you ready? '

' That i am' Grinning up at him, they set off at a jog. 'Hey Rafa?'

'Yeah?'

' I won't be running tomorrow. I've asked Olivia for the day off. I have some things i need to do.' Rafael looked at her, she looked sad but was determined not to look back at him.

'o..kay, everything alright?' She nodded and smiled but he could tell from a mile away that it was fake. But he wouldn't pry. They'd still only known each other for just over two months. It wasn't like he was entitled to know.

' Alright, let me know if you need anything?'

'Will do, now I bet I can beat you to the corner.' She grinned and started sprinting.

' Not a chance' Rafael murmured but sped up. He managed to reach the end about 2 seconds before her, spinning round and catching her before she went face first. Emma looked up and grinned. She couldn't help feeling his pecs under his shirt.

'Damn, I'll beat you next time .

'You'll have to get up earlier to beat me Carino.'

Barba had followed Emma into the squad room, he didn't need to be in court until later so decided to complete the same run. Trying not to go red at the obvious weirded out looks he was getting from the team, him being in running clothes, he kept walking into Livs office and shut the door. She looked up.

'Raf? You okay?'

' I'm fine, got much on today?'

' no just paper work.'

'How's Emma doing at fitting in?'

'Really well actually, a lot better than i thought she would. She's inquisitive, helpful and insightful. Gets along with the guys and knows not to take any ribbing from Carisi. '

'Good'

Rafael woke when his alarm went off at 5.30am. He went to go get into his running things before he remembered that Emma wouldn't be out there waiting for him today. He found he didn't know what to do with himself. Every day for 2 months he had gone running with her in the morning, it felt strange not going to meet her out front. He wondered why she was staying off. Giving himself a shake, assuring himself that she would call if she needed anything, he got up to start his day. He had a trial all day today and probably wouldn't get a break. It was going to be a long day.

Emma didn't sleep. She laid in bed thinking about the two parallels of her life. England and America. Finally getting bored, she went for a run. It was only 2am but she made sure to stick to main roads. She didn't have a plan for today. She ended up gravitating towards the water. She ran the opposite way to normal, towards Brooklyn bridge. Noticing a small park nearby she sat on a bench and watched the river.

Rafael felt drained when he finally got home that evening. It was 8pm and it had been a very long day in court. Although the jury had found the defendant guilty he had had a hard time keeping his mind on the case and not on a certain blonde woman who lived below him. He'd text her a few times but she hadn't replied.

RING RING

Sighing, he looked at the caller id. Seeing it was Emma he answered.

' Hey Em, decided you want some company after all?'

' R..Rafa?' Rafael went to immediate alert.

'Emma? Are you crying? are you hurt?' Standing up, not even waiting for a reply, he pulled his jacket back on and grabbed his keys. 'Where are you? I'll come get you?'

'I... I'm at the park next to Brooklyn bridge. D... down by the water.'

'I'll be there in 30 minutes. Are you hurt?'

'N..No,'

'Alright, I'll be there soon.'

30 minutes later, Rafael was walking along the shoreline, keeping an eye out for Emma. Just when he was about to call her again he noticed a figure sat by the water skipping stones. She was in her running gear. Jogging over he crouched down in front of her. Her eyes were red and swollen, tears tracks were prominent on her cheeks.

'Em?' Emma choked and threw herself at him and into his arms. He fell back, arms automatically circled round her as she pushed her head into her neck and sobbed. 'Shh, Shh it's alright, I'm here.'

'I..im sor...sorry'

'Don't be, I'm glad you called me. ' He didn't know how long they sat there while she cried, the sky began to turn dark by the time her cries became sniffles. She pulled back. Scrambling to get off his lap where she had ended up. Circling his arms tighter he whispered. 'Don't, it's okay.' Looking into his eyes for a long time she nestled back into him, head leaning against his neck. They watched the sunset in silence.

' Did you know it's actually my birthday today?' She was so quiet that at first Barba didn't think she had spoken.

' It is? Why didn't you say something? We could have gone out.' She was shaking her head before he'd even finished.

' It's also been a year since my parents were killed.' Rafael sat in silence, He didn't want to speak in case she stopped. Taking a deep breathe she continued.

' Last year my parents and I were at the theatre watching the pantomime when there was a mass shooting in the audience. Three guys had machine guns and balaclavas over their faces. My mum was hit first and my dad pushed me to the floor and lay on top of me. He was shot next. As i tried to push him off of me i noticed one of the shooters at the end of our row, he took off his mask to talk to one of the other shooters but i saw his face and he saw mine. Next minute i must have passed out as i woke up in the hospital with agents from MI5 stationed either side of me. They... they told me what happened, that my parents were gone. Anyway, it went to trial and he was sentenced to double life. I thought it would end there and I'd be allowed to grieve in my own way but my flat was petrol bombed back in February. He must have told somebody I'd seen him as it was a closed trial. Nobody knew i was involved. I was lucky i wasn't at home at the horse Chancellor had had a fall in a competition we'd competed in and i was making sure he was comfortable for the night. I returned home to find everything going up in smoke. MI5 put me into Witness Protection. My name was originally Emily Peters but they changed it to Emma Jones. I had to leave everything, my job, my home, my horse, my country and even my best friend. She is the only person except for you now, who knows the truth. She gave me that photo frame on the mantel. The locket that was lost, was one of two things I had left of my parents. The other was my postman pat teddy I've had since i were 5. Everything else was lost in the fire. I didn't want to go to work today so i asked to book it off. Not only is nobody supposed to know I'm in the WP, it could be life or death. If we'd been called out one of the team could be killed because i wasn't paying attention. I've been out since 2am this morning, i couldn't sleep so went for a run. Ended up here. I just keep thinking where i would be now if i hadn't begged them to go to the theatre with me. They would still be here but would i? Would i have survived if my dad hadn't protected me?' There wasn't much more to say, Rafael sat in silence for a while but then said softly.

' Thank you for trusting me, I can't take away that pain of losing your parents but know your not alone here. You have friends, you have a team. And you have me, Your irritatingly handsome ADA.' He smirked when she laughed. 'You don't have to hide being upset, anyone who has gone through what you have has the right to cry or feel low. I'm happy to offer advice, or even just to listen and not say anything.' She nodded and they settled back into silence, watching the lights from various boats along the river. Rafael lost track of time, after a while Emma's breathing became deeper and Rafael knew she'd once again, fallen asleep. Laying her lightly against the bench so he could get out from under her, he stood up, wrapped his coat round her and carried her to his car. Once he'd parked in the garage he decided to take her back to his apartment for the night. He didn't want her to wake up alone. Laying her on his bed, he wasn't quite sure what to do. He didn't want to leave her in her running clothes. She was cold from being out almost 24 hours. He took a breathe and undressed her, slipping one of his shirts over her head and tucking her into bed. She didn't wake. Feeling satisfied she was as comfy as possible, He went into the bathroom and changed into sweats. As he went to the closet to get linen for the couch he heard her murmur.

'Rafa?'

'Yes Em?'

'Stay please? I don't want to be on my own.'

'Are you sure?'

'please?' Rafael stood still a moment, slowly he replaced the linen and climbed into bed next to her. She turned over, and cuddled up to him, falling back to sleep instantly. He gently pulled her close and kissed her forehead before whispering.

' I'm here, go to sleep.'