We are glad to be participating in National Network to End Domestic Violence‘s Domestic Violence Counts Annual Census today. For a 24-hour period, we will be counting the number of requests for services from survivors of domestic violence that we receive to determine how many survivors rely on domestic violence agencies nationwide on a given day, and for what reasons.
Announcements
FVAP Legal Victory! California’s Strong Family Code Ensures Safe Parenting
FVAP legal victory! California has strong laws that recognize that parents who commit domestic violence are often not able to safely parent without taking steps like successfully completing a batterer’s intervention program, undergoing necessary drug and alcohol abuse counseling, taking parenting classes to make sure they are able to put their children first, and not using custody and visitation to commit further abuse.
In this case, the Court of Appeal ruled that the trial court had awarded an abusive parent substantial visitation time that amounted to custody without applying section 3044 of the Family Code, which must first be applied to determine whether it is in the best interest of the child to award any custody, or substantial visitation amounting to custody, to a parent who has been found to have committed domestic violence.
Huge thanks to our co-counsel at Central California Legal Services, Inc., and Haynes and Boone, LLP! Also to California Women’s Law Center and Manatt, Phelps & Phillips, LLP who filed an amicus (friend-of-the-court) brief.
FVAP’s Thanks Supporters in New Video
Visit Our Mission page to view a new video that shares a bit about FVAP’s work and thanks you, our supporters, for helping us make justice for survivors possible.
Special thanks to videographer, Glenn Mercado, for creating this video and volunteering his time!
FVAP Legal Victory! Court of Appeal Establishes What is “Good Cause” to Include Family and Household Members on Protective Orders
Tanguilig v. Valdez (2019) ____ Cal.App. ______ was just published, and it is a big win for survivors asking to include family and household members as protected persons on their restraining order. In this case, the Court of Appeal held that “good cause” as it pertains to adding family and household members to a protective order, “includes reasons that are fair, honest, in good faith, not trivial, arbitrary, capricious, or pretextual, and reasonably related to legitimate needs, goals, and purposes.” Although this case involved an elder abuse restraining order, this ruling can still be helpful to survivors who want to protect their family and household members as part of their restraining order because the laws are very similar so it is appropriate to ask a judge to look at an elder abuse case when making a decision about a domestic violence restraining order. FVAP obtained publication of this case.
FVAP’s 7th Annual Banding Together to End Domestic Violence
FVAP’s 7th annual Banding Together to End Domestic Violence is just days away! Rock out with us for this important cause this Thursday, June 20 at the Chapel in San Francisco’s Mission District.
Thank you to our Hall of Fame and Platinum Record level sponsors: Lieff Cabraser Heimann & Bernstein, LLP, Mayer Brown, Arnold & Porter Kaye Scholer LLP, Cooley LLP, Gibson, Dunn & Crutcher LLP Careers, Salesforce, Seyfarth Shaw at Work, Perkins Coie LLP, and Wilson Sonsini Goodrich & Rosati!
Legal Victory! FVAP Overturns Denial of Restraining Order on Basis that Violation of Temporary Restraining Order in and of Itself Constitutes Domestic Abuse
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.
Legal Victory for Immigrant Survivors and Non-English Speakers
We’re happy to share that in a recent published opinion, SY v. Superior Court, 29 Cal. App 5th 324 (2018), English language fluency can no longer be used as a reason to grant custody. While we do disagree with the portion of this ruling that still granted joint custody to S.Y.’s abuser, this court ruling is an important win for non-English speakers and immigrant survivors of domestic violence, who face discrimination based on their English language fluency.
