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Family Violence Appellate Project

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Legal Victory in Washington Helps Survivors’ Kids Who Have Witnessed Abuse and Might Testify

October 6, 2021 by FVAP

In partnership with three other gender-based violence and legal aid organizations, FVAP Washington successfully obtained publication in part of a case in which the Court of Appeals ruled that child testimony should not be excluded based on a blanket ban on allowing child witnesses in family law proceedings. Courts must first consider all the circumstances, including whether children have witnessed abuse. The decision also confirms that evidence about domestic violence is relevant, whether or not it is related to the children in the parenting plan trial. A parent’s history of domestic violence, child sexual abuse, and sexual assault that results in pregnancy must be considered. Read the opinion and order to publish in part.

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COVID-19 update: 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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