Family Violence Appellate Project

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Announcements

Washington Legal Victory! Stocks v. Porter

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Christy Porter was FVAP Washington’s very first client in Washington state in 2021. After over a year and a half, on December 27, 2022, she finally received the news she’s been waiting to hear.

In a published opinion, the Washington Court of Appeals agreed with Christy — the trial court should not have ordered joint decision-making in her parenting plan because the trial court had found the other party had a history of domestic violence. The trial court mistakenly reasoned that because the other party’s convictions were years in the past, that it had discretion not to follow the plain language of the statute. RCW 26.09.191(1) does not give the court discretion to deviate from the mandatory limitations on decision-making and dispute resolution. The Court of Appeals reversed and remanding to the trial court for entry of a finding of a history of domestic violence, and a parenting plan that follows the statute.

FVAP co-counseled this appeal with FVAP Board member Joanna McCallum, Partner at Manatt, Phelps & Phillips, along with Manatt Partner Jessamyn Vedro.

Early in the case, our client also asked the appellate court for an Order of Indigency to cover the costs of the appeal, which includes a transcript quoted at nearly $10,000. This very rare motion was granted by the Washington Supreme Court.

Joanna McCallum made the journey all the way from Atlanta to argue before a panel at the Washington Court of Appeals, Division I, in-person, on November 9, 2022 in Seattle.

2021 Annual Report

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We are excited to share our 2021 Annual Report. Our success is driven by the dedicated staff, volunteers and board members here at FVAP. As we look forward, we know we will continue to face uphill battles…we remain committed to advancing social justice and racial equity in our communities. 

Read our complete 2021 Annual Report here. 

Washington Legal Victory! Mishko v. Kerr

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Mishko v. Kerr (WA)

Our request for publication of Mishko v. Kerr was granted! You can find the published opinion here. 

Why the case is important:
This publication will clarify when a trial court does not enter findings under RCW 26.09.191(1) and therefore errs in granting joint-decision making. It will also outline what constitutes substantial evidence of domestic violence. Additionally, the opinion specifically addresses continuing restraining order requests under Ch. 26.09 RCW and clarifies that substantial evidence of a history of domestic violence requires a court to consider a litigant’s request for a continuing restraining order.

Summary of the case:
After a trial to modify a parenting plan, the trial court entered limitations against the opposing party (“OP”) finding that he had engaged in “abusive use of conflict.”  The court found that communications toward the mother were abusive as well as cited several behaviors aimed at the minor child.  The trial court noted OP had completed a domestic violence treatment program.  The trial court also heard testimony about OP’s past domestic violence and admitted into evidence a current Domestic Violence Protection Order against OP (filed by a different intimate partner and mother of OP’s other child).  However, no ultimate findings of “a history of domestic violence” were entered into the final parenting plan, and the trial court granted joint decision-making to the parties.  The unambiguous statutory standard is that “a history of acts of domestic violence” mandates sole decision-making to the parent without a domestic violence finding.

The court agreed with FVAP that the trial court did not enter restrictions that limited joint-decision making despite substantial evidence of a history of domestic violence presented at the hearing and instructed on remand that the trial court must consider the request for a restraining order in light of that evidence

California Legal Victory! Y.L v L.T.

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In Y.L. v. L.T., FVAP successfully co-counseled with Katten Muchin Rosenman, LLP to file an Amicus Brief in support of L.T. In this case Y.L., the abusive party, filed an appeal after the trial court denied his request for a reciprocal domestic violence restraining order (DVRO) against L.T. On appeal Y.L. argued that there should be a bright-line rule that when someone reacts to emotional abuse with physical violence that person should be deemed a “primary aggressor” and a DVRO should be entered against them. The appellate court rejected Y.L.’s argument. The appellate court noted that, in mutual restraining order cases, 1) the trial court must determine which party is the most significant aggressor based on factors listed in Penal Code section 836 subd. (c)(3) and 2) the court must “consider the parties’ alleged acts of domestic violence in concert, and not separately” to determine whether someone is a primary aggressor. Our Amicus Brief addressed 1) how gender bias helps perpetuate erroneous primary-aggressor and self-defense determinations; 2) the detrimental effects of mutual-restraining orders on survivors, and 3) the need for courts to conduct detailed analysis in mutual restraining order cases to account for the history of abuse in the relationship and avoid inherent bias and stereotypes in domestic violence situations.

Read the unpublished opinion here. 

Washington Legal Victory! Protecting Survivors from Litigation Abuse

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Our client Isabelle Latour was successful in defending against her ex-husband’s multiple (we lost count after 4) appeals.  The Washington Court of Appeals held that Washington’s new statute preventing abusive litigation, ch 26.51 RCW, is constitutional, and survives separations of powers and due process challenges.  Washington is one of the first states nationwide with a strong abusive litigation statute, so this facial constitutional challenge to the statute could have had far-reaching implications and hindered states’ ability to try to curtail abusive litigation, which abusers use to continue their financial abuse and power and control over survivors of DV.  
 
The court further found that, as applied to Isabelle’s case, there was substantial evidence to find she was a victim of domestic violence, and the abuser’s litigation was done to harass, intimidate, and maintain contact with Isabelle.  Isabelle is very happy (but also expecting Sean to continue to litigate this matter).  The court’s opinion is unpublished, so we will be pursuing publication. 
 

Read the unpublished opinion here.

California Legal Victory! Keeping Survivors Housed

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Weil V. Gallegos (CA)

FVAP’s client lived with her boyfriend who was abusive.  Survivor requested a DVRO with a move out order, which would have excluded her boyfriend from their shared rental unit. The trial court granted the DVRO, but denied the move-out order stating it was up to the landlord, not the court, to decide who got to stay in the unit. Survivor appealed, and the Court of Appeal reversed the trial court’s judgment. The Court of Appeal reversed because a trial court has the power to order a restrained party to move out of a shared rental unit and a landlord does not have the authority to force just one tenant out of a shared rental unit.

FVAP thinks this is an important case because it is the first case explaining trial courts’ authority to grant move-out orders when parties live together in a rental unit.  Specifically, it plainly states that courts may grant move out orders excluding the restrained party from the shared rented home and may make orders regarding lease and utility payments. If published, this case may encourage more trial courts to grant move out orders, allowing more survivors to stay housed and avoid homelessness.

It also reinforces tenant protections against “self-help” evictions, which is when a landlord kicks out a tenant without going through the court eviction process. By explaining that a landlord cannot change the unit’s lock to lock out a tenant without a move-out order and by explaining the landlord’s obligation to go through the eviction process to regain possession of a premises, this opinion reinforces existing laws against self-help evictions.

FVAP has requested publication of this case. 

 

View the unpublished case. 

FVAP is Hiring – Office Manager Job Opening

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FVAP is seeking an Administrative Professional to join our dynamic team for a significant role in support of social justice. The ideal candidate will bring unique skills and experiences that help to make our Oakland office run smoothly. We value diverse experiences and backgrounds. The immediate supervisor is the Deputy Director.

About FVAP: Family Violence Appellate Project is the only organization in California and Washington State dedicated to empowering survivors of domestic violence with a second chance at justice by appealing court decisions on their behalf, for free. We are a 10-year old nonprofit organization whose mission is to ensure the safety and well-being of survivors and their children. Our attorneys appeal and overturn court decisions that put survivors and/or their children at risk of ongoing abuse. By working at the appellate court level, our cases set legal precedent that helps thousands of survivors and kids. FVAP’s clientele is very diverse, and we serve individuals and advocates throughout the state, including rural, suburban, and urban populations.
 
If you are interested in being part of an exciting resource for domestic violence survivors and advocates in California and Washington states, this is the place for you! Learn more at fvaplaw.org.

Essential Duties and Responsibilities: Duties include the following (other duties may be assigned):

  • Administrative Support (80%):
    • Provide a full range of support for a law office, including processing incoming and outgoing mail, printing, copying, scanning, filing, answering phones and organizational email, formatting and finalizing documents, scheduling meetings, making travel arrangements, ordering office supplies, communicating with vendors and other service providers, and responding to other administrative requests as needed;
    • Serve as project manager for office-related IT needs, including day-to-day basic trouble-shooting and hardware maintenance of computers and printers, and as main point of contact for outside IT contractor;
      o Responsible for business accounts maintenance, including paying bills and updating passwords regularly;
    • Maintain receipts and other documentation for business needs;
    • Maintain inventories of office equipment and keys;
    • Support the Development Team by managing the donor thank you letter process to ensure letters are sent timely and efficiently, maintaining our donor/contacts database, and other fundraising event-related tasks as needed;
    • Support the Programs Team by preparing thank you letters for pro bono volunteers, and coordinating purchase of transcripts and court documents; and,
    • Support the Operations and Administration Team as needed, including supporting file maintenance, retention and destruction per policies; follow and support creation and enforcement of organizational policies and procedures, including those that ensure in-office safety and security for staff and visitors.
  • Reception Support (10%)
    • Greet visitors in the office and answer phones; direct calls; receive deliveries and documents.
  • On-Site Maintenance and Physical Location (10%):
    • Responsible for the physical site, including coordination with landlord and management company on on-site needs and maintenance;
    • On-site duties may include: receiving packages, deliveries and mail; greeting vendors, visitors and clients; supporting landlord or maintenance company needs; attending to office equipment or hardware; setting up work stations for new employees;
    • Support office equipment needs, including sourcing, purchasing and setting up office equipment;
    • Lead office search efforts for new office space when necessary; and,
    • Purchase supplies and create procedures for staff around office safety and cleanliness.
  • Review and analyze organizational policies and procedures and take initiative on creating and recommending new or amended practices for efficiency and to further organizational mission and goals.
  • Maintain confidentiality and respect for clients and employees.
  • Comply with all agency policies and procedures, including all health and vaccination policies including Covid-19 vaccination requirements.

Physical and Environmental Conditions
Performance of duties and tasks uses standard office equipment, including telephone equipment and computers. Work is performed inside with exposure to heating and air-conditioning. Driving or other travel may be required. This position will be required to come into the office weekly, it is not open for fully remote work – we are currently working in a hybrid model, requiring some days in the office and allowing some days working from home, with the option to work entirely in the office if preferred. The Office Manager must be available for the required days in office, and in addition, to come in as-needed to support job duties. FVAP is currently requiring all staff to be up to date with Covid vaccinations (or granted reasonable accommodation therefrom) and to follow additional Covid safety protocols.

Required Qualifications

  • Experience as an office manager, administrative assistant, and/or receptionist;
  • Experience with and comfort with databases, preferably Google Suite and Bloomerang;
  • Proficiency with standard office computer programs;
  • Comfort with technology;
  • Commitment to working in an environment that prioritizes anti-racism, equity, and inclusivity and is actively working to implement and strengthen these priorities;
  • Commitment to working on behalf of survivors of domestic violence and their children, and other forms of gender-based violence, though no specific experience in the field of domestic violence work is required;
  • Ability to prioritize multiple projects effectively, with a passion for organization and attention to detail; and,
  • Ability to work independently and as part of a small, fast-paced Administrative team. 

Preferred Qualifications

  • Experience in a legal, law firm or nonprofit setting;
  • Diversity of personal and professional experience;
  • Knowledge of, or experience in, legal aid or other legal environments;
  • An understanding of or experience working in domestic violence and/or gender-based violence fields;
  • Bilingual ability, especially Spanish, a plus; and,
  • Strong verbal and written communication skills.
Classification: The position is full-time, non-exempt, and at-will.

Compensation / Salary Range: Starting salary depends on relevant experience and will be commensurate with comparable nonprofit administrative positions in Northern California. The hourly pay range is expected to be $30.76 – 36.06, which gives this position an approximate annual salary range of $64,000 – $75,000. FVAP offers a generous benefits package, including subsidized health, dental, vision, life, and AD&D insurance; 401(k) retirement plan with 3% employer match after 1 year; FSA plan for commuting, parking, health, and dependent care expenses; Long-term disability; Employee Assistance Plan and travel assistance; 3 weeks paid time off/year, with longevity increases; 13 paid holidays/year; 40 hours paid sick leave, plus additional accrued sick leave; and paid continuing education.

Location: This position is located at FVAP’s Oakland Office, which is convenient to multiple bus lines and BART,. Our Oakland address is: Family Violence Appellate Project, 449 15th St., Suite 104, Oakland, CA 94612.

To Apply: A resume is required for initial application, and a cover letter is strongly encouraged to support your application materials. If a cover letter is not provided with the initial application, and you are asked to interview for the position based solely on the strength of your resume, you will be required to provide a cover letter prior to the initial interview. If you are invited to a second interview, three references will be required prior to that interview.

Please email your application materials (resume and any supporting documents including cover letter or references) directly to Monica LaBoskey at jobs@fvaplaw.org. (Email is strongly encouraged instead of applying through a jobs or other site.)

Your cover letter should speak to: 1) why you are interested in working at FVAP; 2) how your background or experiences, professional or otherwise, have prepared you to contribute to our work and perform the required and any preferred qualifications; and, 3) how your background or experiences, professional or otherwise, have prepared you to contribute to our commitment to diversity and cultural responsiveness amongst our staff. Feel free to think broadly about your response to these questions, applying various aspects of your life and personal experiences.

Application deadline: Review of applications will begin October 24, 2022 and will continue on a rolling basis until the position is filled. The preferred start date is December 1, 2022.

FVAP is an equal opportunity employer and is committed to maintaining a diverse staff and providing culturally responsive services. Individuals of all races, ethnicities, national origins, religions, ages, sexes, sexual orientations, and gender identities, as well as disabled persons, survivors of domestic violence, candidates from traditionally underrepresented communities and historically oppressed groups, multilingual and multicultural candidates, and those who are the first in their family to complete college or graduate school, are encouraged to apply.

Thank you for your interest in FVAP!

Read the full job announcement and find out how to apply here.