Domestic Violence Advocates supporting Indigenous Women in the U.S. celebrated last Friday, as the United States Supreme Court upheld expansive tribal court jurisdiction in Sharp v. Murphy, in which FVAP joined an amicus brief filed by National Indigenous Women’s Resource Center. This decision enables the Creek Nation in Oklahoma to prosecute non-Indians for domestic violence and other serious crimes committed on the vast majority of their tribal territory. This is a huge victory since current rates of violence against Indigenous women constitute a crisis.
We’re excited to share about a string of legal victories for survivors of domestic violence. We successfully obtained publication of 3 cases that will benefit domestic violence survivors in court. Issues covered in these cases include move out orders as part of restraining orders, overcoming the presumption that foster care is in the best interest of a child, and justifications for a restraining order because of coercive and controlling behavior.
Read the opinions via the links above, or you can read FVAP’s description of these cases in the Cases You Can Use section of our website.
We’re excited to announce “‘Coercive control’ domestic violence bill: well-intentioned, but need to be reworked” written by FVAP’s Legal Director, Nancy K.D. Lemon, and FVAP Staff Attorney, Cory Hernandez, advocating that Senate Bill 1141 not be passed was published in the Daily Journal yesterday. Unfortunately, the Bill introduces new barriers that will make it harder for many survivors to protect themselves. Our hope is that the Bill does not become law unless it is substantially amended to address its current issues.
The California Association of Certified Family Law Specialists just published an article written by FVAP Senior Managing Attorney, Shuray Ghorishi, and the Honorable Judge Mark Juhas in their journal! The article, California Penal Code 632: The Dilemma of Secretly Recorded Evidence in Family Law and Abuse Cases, explores the nuances of recorded communications in family court cases, including when a recording can and cannot be introduced into evidence.
Did you know that FVAP hosts a monthly legal assistance series for members of the California Partnership to End Domestic Violence (CPEDV)? Today at noon we will be answering the following question: “What is the difference between privileged information and confidential information?” Afterward, there will be an open Q&A about confidentiality and mandated reporting.