Work Text:
“What’s this, take your daughter to work day?” Olivia stood next to her desk and smirked at Rafael.
Rafael gave Olivia a sour look, “Throwing my words back at me, low, Detective.”
“If you can’t take the heat, Counsellor, stay outta my kitchen.”
Rafael’s expression changed as he gave her a once over, slowly bringing his eyes back to hers, “Oh, I can take it, as much as you can dish out.”
Olivia decided to ignore that look and remark and said, “Seriously though, I thought you were a one man show.”
“My boss has this idea that new hires should sit in on different departments, so he’s saddled us with junior ADAs for two-week rotations.”
Before they could discuss staff choices made by the DA any further, Captain Cragen came out of his office and handed her a slip of paper, “Got a live one, take Amaro.”
She took the paper and nodded, sliding it into her pocket. “Later, Counsellor.”
Rafael made a sound somewhere between agreement and harumph, Olivia couldn’t tell if he was agreeing to see her later or displeased that their conversation had come to an end. It didn’t matter much since they would have many more chances for their verbal sparring later. She grabbed her coat and shrugged it on.
“We got a domestic, Amaro, you ready to go?” Olivia asked as she walked past the group of detectives talking with the new ADA hire.
Amaro pulled away from the group, snagging his jacket and pulled it on as he followed. “Tis the season I guess, let’s go.”
In the elevator Olivia sighed. “I hate the holidays.”
Amaro looked over at her, “Really?”
“Not the holidays themselves, but the tension grows, and tempers flare, and we have more domestic disturbances. The whole season is a powder keg ready to blow. And who gets the fallout? Spouses, kids, us.”
“Yeah, I hear you. The only thing more fun is a heatwave in July. At least we know when this season is done.”
The elevator opened and they went to investigate, Olivia put her conversation with ADA Barba out of her mind, though that look he gave her lingered. Was that a tactic or a come on, she couldn’t tell and didn’t have time to analyze it in that moment.
A few days later Olivia found herself outside Rafael’s office, knocking on the open door and walking in to find him at his desk and his new shadow set up at the table.
“Detective Benson, come in,” he said. He gestured at the woman at the table who had looked up when she walked in, “You remember almost meeting Jilly Anderson the other day?”
“Sure, good to meet you,” Olivia nodded.
“Hi,” the petite blonde stood and stepped forward to shake Olivia’s hand. “Nice to see you.”
“What can I do for you?” Rafael asked, waving Olivia toward a chair in front of his desk.
“We need to talk about the Lonsdale case, my victim is about ready to recant and take her abusive husband back. Where are we with it?”
Rafael looked through the files on his desk and found the right one, opening it and quickly scanning it. “She’s reported him before, but this is the first time she’s pressed charges. It’s also the first time she’s ended up in the hospital. If we could find more records of hospital visits we might have a stronger case and…”
He was interrupted by Jilly leaning over his desk, “Sorry, needed the stapler.” The angle she leaned at would obviously give him a fine view down her shirt but he kept his eyes on Olivia who raised her brows at him. Jilly returned to the table with the stapler.
“We haven’t found more medical records, but she might have used a different name at the ER like a lot of abused wives do. We’ll check that angle.”
“Let me know what you find,” Rafael said as Jilly once again leaned over his desk to return the stapler. Olivia gave him an amused grin and he glowered at her.
Olivia stood and so did Rafael. “I’ll walk you out, Detective, I need a coffee that hasn’t been sitting in a pot half the day.” He put on his overcoat and ushered her out of his office. He pushed the button for the elevator and when the doors opened, he put his hand on the small of her back to lead her in. The doors closed on them alone in the elevator.
“I think she likes you.”
Rafael rolled his eyes and turned his head to look at Olivia. “What are the laws about sexual harassment?”
“You’ll need to check with your HR department and then consult a lawyer.” Olivia tried not to laugh.
“You are unhelpful, Detective.” He gave her half a grin, “I’ll still buy you a coffee despite that.”
At the coffee truck he gave the order and Olivia was surprised he remembered her favourite and commented on it.
“My ego may be brass, but my mind is a steel trap, Liv.”
“Good to know, Rafa,” she said and smiled as she took possession of her cup. “Thanks for the coffee.”
“You’re welcome. Call as soon as you have any more information on the Lonsdale situation.”
“Hopefully, that will be soon.”
“He hasn’t made bail yet, so we probably have until he does to get a stronger case.”
They parted ways and Olivia headed for her car but noticed that the ADA lingered on the sidewalk as if reluctant to return to his office. He made a lonely figure in his long black coat and the white Winter background stark and cold behind him.
Olivia tried to shake that image and failed, as she often failed to forget his little comments that may or may not be flirting. Despite thinking that he couldn’t help himself, she wondered if it was just her he said those kinds of things to, or not. Thinking of him trapped in his office with his handsy temporary shadow made her grin, though he obviously wasn’t enjoying the attention if his expression and rush to leave was anything to go by.
Over the next week Olivia started paying much more attention and Barba did not talk to other detectives as he did her, in fact he was most often sarcastic and cutting towards the others, but with her the sarcasm was often softened with a smile or a quirk of his brow as if they shared a joke as well as the sarcasm. It was nothing more than an understanding, a silent communication, not flirting as such. If she was honest with herself, she’d have to admit to enjoying their back and forth secret language, it was sometimes the comic relief she needed and sometimes the silent support she never knew she had craved. Then again, sometimes it was just pure cussedness that challenged her to excel at her job. The man did love to goad.
She went to court the day Lonsdale faced the judge. Barba was in good form wearing a dark suit and a white shirt with a fine lined check and a pink tie with dots. He looked back to find her and gave her a nod when the judge set a trial date. She had found the medical records they needed, under the victim’s maiden name. She returned his nod with a small smile.
They met up outside the courtroom, walking out into the cold weather together.
“Thanks for coming through with the medical records, that was what we needed to prove the pattern.”
“Thanks for coming through for my victim, maybe we can turn her into a survivor now.” Olivia smiled, a warmer one than that in the courtroom.
“Lunch?”
Olivia looked at Rafael’s hopeful expression, wondering what might be behind it and nodded, “Sure, I have time if you do.”
“Excellent.”
When they were seated and had lunch in front of them Olivia finally asked what she’d been wondering since arriving in court to see Barba alone at his table. “What happened to your shadow, I thought she had a few more days?”
“I sent her on a research project to the records room in a different building. She fails to understand the role of observer and is constantly handing me notes during hearings.” Rafael rolled his eyes, “I feel like a middle schooler getting passed notes in class. One of my judges was less than amused by the delays yesterday.”
“I’d think observing wouldn’t be difficult.”
Rafael looked up at her from under his brows, head slightly to the side in question.
Olivia nearly flustered, wondering if her inflection had come out all wrong. “I just mean, how hard is it to watch quietly while the master is at work?” She looked quickly at her own lunch not sure if she’d dug the hole deeper or redeemed her comment. She did not miss the pleasure on her lunch companion’s face though.
Rafael chuckled and Olivia relaxed. Lunch was finished discussing anything but the junior ADA and her possible designs on Barba.
They wrapped up again to face the cold and as they exited the grill Rafael put his hand on the small of Olivia’s back to escort her outside, then they faced each other to part ways.
“Thanks for lunch,” Olivia smiled despite the cold wind whipping her hair into her face.
“Thank you for the company. Will I see you at the holiday party?”
“It’s a command performance, so yes.”
“Mandated joy, what fun. I’ll buy you a drink and we can commiserate.”
“I’ll hold you to that, Rafael.”
“Do that, Olivia.” Rafael’s voice was warm and his smile a little wicked when he said that and Olivia watched as he turned to walk toward his office, wondering if her assessment over the last week needed reevaluated. The man did flirt. Maybe it was unconscious. Maybe it was just her. Or just for her? She turned toward her own work, wondering all the way if she had just been on a work colleague lunch or a lunch date. She decided to just enjoy the memory despite not knowing.
Saturday night found Olivia at the holiday party where everyone who was anyone in the department, any of the departments on the island, were strongly encouraged to attend. In the past Olivia had been able to avoid it by being on shift but this year Captain Cragen had made it clear that she was to attend because he fully intended that she would be his next sergeant. The first hour of the party, before the drinks took hold, he had made sure she made all the right connections. She knew most of the brass in her own command chain, but the Captain also made sure they exchanged holiday greetings with people from the DAs office, One Police Plaza, and people from the police commissioner’s office she’d be in contact with after the promotion he anticipated for her. He finally cut her loose and told her to socialize and then he went and found a table where he could sit with other captains he knew and left her to it.
Olivia escaped to the ladies room to regroup, it had been a lot of names and faces and she wanted a quiet moment to process before facing the crowd and the added alcohol intake that made that crowd boisterous. She had abstained so far this evening not only out of respect for her Captain, who made no secret that he was and always would be a recovering alcoholic, but also to keep a clear head while greeting all the people she’d need to have increased contact with as a new sergeant. She heard the door open and slipped into a stall, not ready to make nice with anyone else quite yet.
“So tell me how your plan’s been going?” The first woman said.
“It hasn’t.” Olivia recognized the second voice as that of Jilly, Rafael’s shadow for the last two weeks. Jilly’s voice was filled with boozy unhappiness, obviously she hadn’t been refraining from the drinks flowing at the party. “He’s oblivious or he’s gay, how could he possibly ignore all this?” Olivia could only imagine what Jilly was doing but she felt sure Jilly meant she was not to be ignored. “I tell you what,” Jilly continued, “Barba is taking me home tonight or I will out him for the fa…”
“Hey, revenge sex is not cool,” her friend cut her off. “Do you really want to trash your career before it even starts?”
Olivia didn’t hear Jilly’s answer as the women left the room, the door swinging shut and preventing her from eavesdropping more. Olivia washed her hands unnecessarily to give them time to get far enough from the door so they wouldn’t see her follow them out.
She had seen Rafael from across the room a few times that evening but Olivia hadn’t had a chance to say hello, though he’d made eye contact a few times, giving her a nod and the half smile she knew was his way of telling her he’d catch her later. Now she needed to find him but not make a complete beeline for him, she didn’t want to let Jilly know she was onto her. Olivia circulated, greeting people she knew but keeping an eye on Jilly’s position relative to Rafael. She managed to be in position just before Jilly made it to Rafael’s side and she made her move.
“Someone owes me a drink,” Olivia stepped to Rafael’s side, resting her wrist on his shoulder so her fingers brushed his lapel.
Rafael cocked his elbow toward her and she slid her hand down his shoulder to slip her hand under his arm. “Excuse me gentlemen,” he said to the men he’d been talking to, other ADAs from his office, “I just got a much better offer.” He quirked a brow at Olivia and led her away, pressing the back of her hand to his side with his arm as he did.
Olivia leaned in and whispered in Rafael’s ear, “I heard something interesting this evening.”
Rafael gave her a look from the corner of his eye, “Did you now?”
Olivia nodded, giving him a look that said he needed to listen. Rafael detoured to the dance floor where the crowd there swallowed them, and they had the illusion of privacy for a moment.
“What did you hear and what do I need to do about it? I am guessing I will need to do something if you’ve made a point to tell me about it.” His voice was deadly serious despite the pleasant smile he kept in place.
Olivia laughed like he’d just told her the best joke she’d heard lately, then said equally seriously, “You missed your calling for undercover, Rafael.”
“I’ve been taking notes from you, Olivia,” he murmured close to her ear, making it look from the outside like he was whispering something much more intimate.
Olivia kept close, “Jilly thinks you’re gay because you haven’t taken her up on whatever generous offer she’s made and she is determined that she will get you into bed tonight or she’s outing you.”
“And you’re offering to be my beard? I’m touched, Detective.” His expression stayed as pleasant as it had been, but his voice was full of humour.
“What are friends for?” Olivia smiled. “I thought you could use a warning is all.”
“Oh I appreciate the warning, I do. She’s not my type, she’s too young, and she’s way too pushy.”
“No need to defend your choices to me.”
“Not a defense, an explanation. I like assertive, strong partners. I like someone with some maturity and experience under their belt, that’s all.”
Olivia was suddenly aware of Rafael’s hand on her waist, his other hand holding hers in a classic dance form, how close he was keeping her to him so they could whisper their conversation, his warmth and the enticing scent of his aftershave. She hadn’t had a drink but felt light-headed. Maybe she needed a drink. She looked down, trying to get her bearings again and noticed Rafael’s tie. It was covered in a tiny pattern of holly leaves and berries, green and red on a blue background, his pocket square matched, it made her smile. The dark suit he wore might be sedate, but his accessories were always interesting, to her anyway.
“Options?” he asked.
“Up to you, Counsellor, I’ll back your play.”
Rafael pulled back slightly, looking her in the eyes, one brow raised in question. She gave back a look sure and cool, nodding once. He returned the nod and as the song ended he spun her off the dance floor and they continued to the bar.
“What’s your pleasure, Liv?”
“Cabernet please.”
Rafael ordered her wine and a scotch for himself, then led her toward the generous buffet set up nearby. He handed her a plate and filled it with things they both liked, then he found them a table near the dance floor, where they sat and shared the food. He leaned close and whispered near her ear, “I suppose actually feeding you from the plate might be overselling it, hm?”
Olivia laughed, turned her head so she was looking at him, they were very close. “I’m pretty sure the point is getting made.” Her voice was low and it hit Rafael in the pit of his stomach, sending a spark up his spine, surprising him. The more he thought about it though, the less surprising it was, considering she was entirely his type. That he had been spending an inordinate amount of energy trying to ignore that fact since he’d met her, well, he wasn’t ignoring it now.
Their plate was empty and their drinks were gone. Rafael leaned close and asked, “Dance with me again?” Olivia nodded. Rafael stood and held out his hand, Olivia took it and he led her to the floor.
This time they weren’t pretending closeness to cover conversation, they were dancing together and the lack of distance was just a function of the dance. They didn’t speak, simply smiling and looking into one another’s eyes, appearing to anyone watching that they were smitten and uninterested in anything around them. Despite this, Olivia spotted Jilly looking daggers at the both of them.
The next song was slow and Rafael pulled Olivia closer, she put her mouth close to his ear, “I think we have accomplished our objective but your reputation may not be intact, she’s glaring at us hard enough to kill.”
Rafael swung her around slowly so he could see what she had, and indeed he caught the glare from the corner of his eye. “Suggestions? I’m open to them.”
Olivia laid her head on his shoulder, keeping up the show, unwilling to admit to herself that she wanted to enjoy the feeling of his arms tight around her and the increasingly intoxicating scent of Rafael under the subtle aftershave he wore. “We could make our goodbyes and not so secretly share a cab?”
“Who do we make our obvious goodbyes to first, your boss or mine?”
“Mine, we may have to make a quick exit after yours,” Olivia said, since Jilly and her friend were hanging close to the DA and his crowd.
After that dance, Rafael escorted her to the table where her captain was still sitting talking to several others, they were invited to join them but declined. They were sent off with smiles and many holiday well wishes. When they reached the table where Rafael’s boss and several of his colleagues sat, they were again invited to sit, which they did so that Olivia had a moment to catch up with a friend.
“Olivia, so great to see you here,” Alex Cabot stood and embraced Olivia before she sat down. “I hear rumors of a promotion?”
“I have to pass the test first, Alex,” Olivia grinned and returned the hug. “We need to catch lunch soon so you can tell me about your travels.”
“I’d like that.” Alex smiled as Rafael asked Olivia for her coat check ticket, offering to retrieve them and let her visit with her friend and former ADA.
Olivia dug the ticket out of the tiny evening bag she’d had over her shoulder all night, handed it over to him and smiled her thanks. Another of the lawyers at the table joined him, remarking that he had paperwork on his desk still. After they left, Alex leaned close to Olivia.
“Liv, how long has this been going on?”
“It’s a long story I can’t tell here,” Olivia said, “but I promise to spill all over lunch. When can you get free?”
“I’d say tomorrow but maybe you’d like to sleep in,” Alex’s little smirk made Olivia laugh.
“Monday? Unless something terrible happens.”
“Sure Liv, Monday would be good. One?”
“Sounds great.”
Rafael approached, wearing his long black coat and carrying Olivia’s. He leaned down when he reached her, “I can wait a few more minutes if you’d like more time?”
She turned in her chair and shook her head, about to speak when a lull in the music allowed them to hear a shrill voice nearby, “… such a butch. He deserves better and I’m it…” The music picked up again and both Olivia and Rafael rolled their eyes, sharing a whole conversation in that single look. Neither the DA nor Alex missed the look or the speech that sparked it. Alex got a glint in her eye.
“Olivia, before you go,” Alex pulled a bit of something from the silk flower centerpiece, threading it into her hair. “Have a very happy holiday,” her grin was wicked. Olivia’s look told Alex she’d be paying for lunch.
Olivia stood and Rafael held her coat as she slipped into it. The DA chuckled and made sure his comment carried as he watched them, “There’s your evening planned for you, Barba.” Several of the people at the table grinned as both Olivia and Rafael looked a little pink. Olivia turned to face Rafael who raised one eyebrow in question. She met his gaze with challenge in hers.
Rafael leaned in and kissed her quickly and chastely on the cheek, below the silk and foam mistletoe Alex had taken from the holiday décor.
“Gotta do better than that in private, Barba,” the DA was still laughing. “Merry Christmas you two.”
Rafael offered his arm and Olivia took it as he led her to the exit, several people calling goodbyes and happy holiday wishes at them as they went.
Finally, blessedly, in a warm taxi, Olivia let out a sigh. “I’ll take office politics over office drama any day of the week.” She glanced over and added, “I’m so sorry for teasing you earlier, I didn’t realize she was so vicious.”
“Honestly, neither did I.”
Several blocks passed in silence and then Rafael spoke again, “Appetizers are all well and good, but can I interest you in an actual dinner, it’s not too late to find something open.”
“With no reservation on a Saturday?”
“Depends on what you like. I know a diner that serves this late, no reservations needed.”
“Sounds like my kind of place.”
Rafael told the driver the change of address and soon they arrived. It was an old fashioned diner that rather than being decorated like a 1950s malt shop was actually vintage and still decorated as it had been in the 1950s. There was a jukebox in the corner that played three 45 records for a quarter and the booths and stools at the counter were well taken care of red vinyl, the tabletops white, the floor a black and white checkerboard. They were greeted by a tiny waitress who likely hadn’t been born yet when the diner was new, but now fit right in with her silver hair in a beehive hairdo and a pencil behind her ear.
“Rafael, you finally brought a friend!” the woman greeted Rafael with a smile, bringing napkin wrapped silverware and menus to the table they sat at, “And you both look so festive.” The woman’s smile was infectious, making her eyes sparkle happily.
“Helen, this is my friend Olivia. Liv, this is Helen.”
“So nice to meet you,” Olivia couldn’t help smiling back at the waitress.
“And you, yes, happy to meet you. I’m so glad to see Rafael with someone so sweet. You two have a look at the menu and I’ll be right back.” She bustled away, humming as she went.
They placed their order and Helen disappeared into the kitchen with it, then returned to the front where she went to the jukebox and stood contemplating the selections. Soon it was playing Gene Pitney and Frank Sinatra and the occasional Bing Crosby Christmas tune to break up the old popular songs.
Olivia was surprised when a crowd of people came in, many of them dressed as well or better than she and Rafael were. When she asked, he explained that this diner was popular with the after-show Broadway crowd, as well as several people who performed on Broadway. He assured her that if they waited long enough or came in late enough at night, she might spot any one of a number of her favourite Broadway stars.
They went to the register to pay and Helen beamed at them as she took the cash and thanked Rafael for the generous tip when he refused change. “Be sure and visit us again soon,” she included them both with her smile, “And have a wonderful holiday!”
On the sidewalk Rafael said, “We won’t have to wait long for a cab, unless you’d like to walk?”
“The wind died down so it’s almost warm enough to wait, if that’s ok?”
“Sure.” Rafael waited a moment and added, “Would you like to have a nightcap at my place?”
A taxi pulled up and a couple got out, Rafael waved to let the cabbie know he wanted a ride and they waited for the other couple to finish paying before sliding in. Rafael looked at Olivia expectantly and she nodded. Rafael gave the cabbie his address.
They remained quiet on the drive and when the taxi stopped, Rafael paid and handed Olivia from the cab, keeping her hand in his as he led her up the steps of his apartment building and into the elevator. At his door he finally let go to unlock and open the door, then took her coat and hung it next to his in the hall closet.
The only light in the living area was a Christmas tree adorned in white and blue lights glowing steadily. The tree was decorated with silver and white birds and ribbons.
“Wow,” Olivia said, “that is lovely.” She stepped closer and looked at the birds, some of which were made of feathers and others spun glass.
“It’s a little too clinical, my mother says. She thinks it looks too Interior Decorator.”
“I can see why she might think that, it is very colour coordinated.” Olivia turned back toward Rafael, “But it’s still lovely. I didn’t put a tree up at all this year, I just hung a wreath and called it good.”
“Not feeling the holiday spirit?”
“I’m so rarely home it seemed like too much bother.”
“Fair enough, that sounds like a good plan for next year, I’m rarely home long enough to do more than have dinner and a shower and sleep myself,” Rafael said. “What would you like for a nightcap?”
“I’ll have whatever you have,” Olivia said, taking her small evening bag off and sitting it on the coffee table.
“Make yourself at home,” Rafael gestured toward the couch and turned to the kitchen. He returned shortly with two rocks glasses, two fingers of scotch in each. “Are you a rocks girl or a straight up girl?”
“Neat is fine. No use watering down the good stuff.”
“A woman after my own heart,” he said and handed her a glass, sitting next to her on the couch. He held up his glass, “Merry Christmas, Liv.”
“And a Happy New Year, Rafa,” she touched the rim of her glass to his and they sipped.
He picked up a remote from the coffee table and clicked a button and the stereo came to life, softly playing something by Louis Armstrong and Ella Fitzgerald. They both sat back and listened for several long moments, sipping scotch and just being together with no case to discuss or work pressures on them, relaxed and content.
“I really enjoyed this evening, despite the rocky start.”
“I did too, Rafa, much more than I had expected when I was getting ready to leave tonight.”
“I’d like to do it again,” Rafael said, “but without the whole stalker part of the evening. The dancing was lovely though, despite that.”
Olivia chuckled, “Yes please, let’s avoid vindictive stalkers intent on ruining your reputation.”
Rafael sat his now empty glass on the coffee table and looked over his shoulder at Olivia where she was still leaning back on the couch, “But yes to dancing?”
In the dim light from the tree lights, Olivia was nearly sure he looked almost nervous, like she would say no and that might disappoint him. She nodded.
Rafael stood and held out his hand. Olivia sat her own glass down on the end table and put her hand in his. He led her to the empty space in front of the Christmas tree and pulled her close. Ella and Louis continued to sing as he spun her gently and they danced.
Rafael put his lips close to her ear, his cheek brushing hers, “You still have mistletoe in your hair,” his voice was low and shot along her nerves like a caress.
Olivia went up on her toes just enough to brush her cheek along his and put her lips near his ear as he had to her and whispered, “I guess I do.”
Rafael pulled back slightly, sliding his cheek along hers again, humming a pleased sound. “May I, that is…” Olivia smiled and hummed her own happiness, leaning forward until her lips met his.
They stopped dancing, simply holding each other now, his arms around her waist and hers around his neck, lips pressed in what started as the most chaste and tentative kiss. It didn’t take long to change.
Rafael teased his tongue along her lower lip and the tenderness of it caused Olivia to gasp the tiniest bit, her own tongue flicking out to taste his upper lip and she couldn’t be sure who moaned first or if both of them did, sharing the sound between them. Their heads angled to fit better, and Rafael licked his way past her teeth, testing his way and she welcomed him, exploring in return. The kiss grew and fed the sparks that had threatened most of the evening until the heat was clear and present.
Rafael’s hands stroked up her back and down again to pull her closer, his long fingers splayed at the small of her back, Olivia’s hands were stroking into his hair and along his neck.
When they finally broke the kiss, Rafael kissed his way down her neck and back up to her ear, his lips soft against her skin. “Please stay?”
Her own lips against his ear again, Olivia sighed, “Yes,” and nipped his ear with her teeth, softly, “please.”
Rafael made a sound in the back of his throat, half growl and half moan, that made Olivia shiver and hold him tighter as her body reacted to that primal sound. His hands slipped lower, firmly on her ass and pulling her against him where he was hard and ready and entirely focused on her. It was her turn to make noises that set Rafael’s nerves alight.
He pulled back enough to look her in the eyes and said, “Liv, I don’t want this to be a one off. I want to take you out and I want to show you off and bring you home again. I don’t want one night, I want all the nights.”
Olivia focused on him, seeing his eyes so sincere, and nodded. “We work together, you’ll have a lot more than my nights.”
“And we’ll argue at work like we do, and then we can make up in private.”
“Promise?”
Rafael’s mouth covered hers in a fiery kiss and that was answer enough for the moment.