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Family Violence Appellate Project

Giving survivors a second chance at justice

While FVAP is open and our services continue to be available, as of March 9, 2020, in order to ensure the safety and well-being of clients and FVAP staff, we are meeting with visitors only by appointment until further notice. Our helpline is (510) 380-6243, and our business line is 510-858-7358. You may also email us at info@fvaplaw.org.
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Legal Victory! FVAP Overturns Denial of Restraining Order on Basis that Violation of Temporary Restraining Order in and of Itself Constitutes Domestic Abuse

April 29, 2019 by FVAP

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.

Read the published opinion here.

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