We’ve reached a new victory for abuse survivors seeking a domestic violence restraining order on the basis of a violated temporary restraining order. In this case, the Court of Appeal overturned the trial court’s denial of the domestic violence restraining order request. In doing so, the Court of Appeal ruled that a violation of a temporary restraining order constitutes abuse under Family Code section 6203(a)(4). The Court of Appeal also held that the conduct underlying the violations constituted abuse under Family Code section 6320. We hope that this will make getting a long-term restraining order easier for the many abuse survivors who need it.
We’re happy to share that in a recent published opinion, SY v. Superior Court, 29 Cal. App 5th 324 (2018), English language fluency can no longer be used as a reason to grant custody. While we do disagree with the portion of this ruling that still granted joint custody to S.Y.’s abuser, this court ruling is an important win for non-English speakers and immigrant survivors of domestic violence, who face discrimination based on their English language fluency.
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.