• Skip to main content
  • Skip to footer

Family Violence Appellate Project

Giving survivors a second chance at justice

Giving survivors a second chance at justice Donate




En Español
用中文(表達
In English
  • Home
  • About Us
    • Our Programs
    • Who We Are
    • Annual Reports & Financials
    • Our Commitment to Race Equity
  • Survivor Stories
  • News
    • Announcements
    • Press Room
    • Battle of the Bands
  • Resources
    • California
      • FVAP Legal Resource Library – California
      • Cases You Can Use – California
      • Other Resources You Can Use – California
    • Washington
      • FVAP Legal Resource Library – Washington
      • Cases You Can Use – Washington
      • Other Resources You Can Use – Washington
    • National
  • Get Involved
    • Donate
      • Herma Hill Kay Memorial Fund
    • Volunteer
    • Clerks/Fellows
    • Job Openings
  • Contact Us

Victory for Survivors in Custody Cases with DV

April 27, 2022 by FVAP

In this case, our client, Mother, got a domestic violence restraining order against Father after he physically abused her and refused to return their young son to her, requiring law enforcement to get involved.  The family court gave Mother sole legal and physical custody, but left in place a visitation schedule giving Father three days a week and Mother four.  Since this basically gave Father joint custody of the child for about 43% of the time, the family court was first supposed to see if Father had overcome the presumption against granting him custody, under Family Code section 3044, by analyzing the law’s seven factors in writing or on the record.  Since the family court did not do that, the appellate court reversed the visitation order, and sent the case back to the family court to follow the law.  In addition, the appellate court said the family court didn’t follow the law by refusing to give a “statement of decision,” which Mother had requested at trial, under Family Code section 3022.3.  This is the first published opinion under Family Code section 3022.3.

Read the opinion.

Filed Under: announcements

Footer

Website Privacy

Policy here
California Office
Helpline: (510) 380-6243
Business line: (510) 858-7358
Email: info@fvaplaw.org

Washington Office
Direct line: (360) 680-1030
Email: infoWA@fvaplaw.org

Website By

Sign Up for Updates

Free, full-service interpretation & translation services available. Servicios gratuitos y completos de traducción e interpretación disponibles. 我们能够提供免费的翻译服务

We serve everyone regardless of immigration status. No rechazamos el servicio basado en el estado de inmigración. 無論您的移民身份如何,我們都將為您服務.

  • Facebook
  • LinkedIn
  • Twitter

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.
Leave Site

Copyright Family Violence Appellate Project 2022