FVAP was successful in requesting publication of In re A.P. et al. which establishes that violations of a temporary restraining order is abuse when requesting a juvenile court domestic violence restraining order, just as it is when requesting a family law domestic violence restraining order.
- Acts that violate a temporary restraining order (“TRO”) are considered abuse under Family Code section 6203, subdivision (a)(4). This principle was affirmed in the case N.T. v. H.T. and is crucial in Section 213.5 proceedings.
- Physical Separation of the Parties Does Not Justify Denying a Restraining Order: The court in In re A.P. emphasized that physical separation of parties does not justify denying a restraining order. This case sets a precedent that protection should not be substituted by physical distance.
- Non-CLETS (not registered with law enforcement) Stay Away Orders Are Inadequate: In re A.P. clarifies that non-CLETS stay-away orders are insufficient protection for domestic violence survivors. It provides valuable guidance on the importance of distinguishing between “stay-away” orders and Domestic Violence Restraining Orders (DVROs).
Our publication request was joined by 31 organizations and academics serving survivors, families, and children in Los Angeles County and beyond, including Bay Area Legal Aid; Calegislation; California Protective Parents Association; Center for Community Solutions; Child Abuse Forensic Institute; Coalition of California Welfare Rights Organizations; Community Beyond Violence; Community Legal Aid SoCal; Disability Rights Legal Center; Family Violence Law Center; Greater Bakersfield Legal Assistance; Harriett Buhai Center for Family Law; Inland Empire Latino Lawyers Association, Inc.; Lawyers’ Committee for Civil Rights of the San Francisco Bay Area; Legal Aid Foundation of Los Angeles; Legal Aid of Sonoma County; Los Angeles Center for Law and Justice; National Family Violence Law Center; Pro Bono Project of Silicon Valley; Project Sanctuary; Public Counsel; Public Interest Law Project; Public Law Center; Queen’s Bench Bar Association; Stanislaus Family Justice Center; Stopping Domestic Violence; Su Casa – Ending Domestic Violence; Women’s Center-High Desert, Inc.; Youth Law Center; YWCA Silicon Valley, and; Professor Margaret Drew.
Publication of Dependency Case (No. B327857)
