On September 20, the California Second District Court of Appeal ruled in favor of our client, Raymond M., holding the trial court made an error by issuing a mutual restraining order to his former partner, Melissa G., without making the factual findings required under Family Code section 6305, which says that mutual restraining orders should only be issued after the court determines these findings: that both parties were dominant aggressors and neither of them acted in self-defense. The Court of Appeal also said restraining orders based on separate incidents are mutual restraining orders under the law, affirming that domestic violence is often a series of separate but related incidents.
We are excited to announce that after collaborating with Pro Bono Training Institute on a year-long project to include training modules on Domestic Violence Restraining Order Requests (DVROs) on their website, the modules are now up!
After more than 3 years, Jameson v. Desta (Case No. S230899, July 5, 2018) has been decided by the California Supreme Court, in favor of the party FVAP (joined by 30 DV and family law organizations and individuals) supported as friend-of-the-court. It struck down San Diego’s policy that eliminated court reporters from civil cases because the policy contained no exception for low-income people who had received fee waivers.Read More
FVAP has just posted two new trainings on our website. One is a training given every year by FVAP’s Legal Director, Nancy Lemon, covering 2017 California state and federal appellate decisions involving DV. The other is a training by National Center for Lesbian Rights Staff Attorney, Ming Wong, and FVAP’s Legal Fellow, Cory Hernandez, on parentage, the Domestic Violence Prevention Act (DVPA), and custody and visitation. These two new trainings join a growing list of available recordings FVAP is providing for DV survivors and those who serve them, so check them out!
Every year, the California Partnership to End Domestic Violence and Family Violence Appellate Project (FVAP) provide an updated list, with descriptions, of the most relevant California laws affecting DV survivors and their families–including statutes, constitutional provisions, resolutions, and rules of court. The list is compiled into a document called a Compendium of DV Laws, and is published for free by the Partnership and FVAP here. Please note the document is only informational and is not legal advice. This year, FVAP and its volunteers took some extra time to not only update the compendium with newly enacted laws in 2017 and 2018, but also to cite-check the entire list to ensure numbers and descriptions were correct, and laws were still in effect as described.
On April 19, FVAP will be introducing our new Housing & Employment Justice Project to the San Francisco District Attorney’s Victim Services Division. Social workers, victims’ rights advocates and domestic violence counselors are invited to join FVAP Housing & Employment Justice Attorney Jason Hoge 3:00-4:00 p.m. for this presentation at 850 Bryant St. in San Francisco.
More about this project: Read More