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Family Violence Appellate Project

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Announcements

Court Agrees: Maintain Survivor’s Restraining Order

August 5, 2021 by FVAP

On August 5, the Court of Appeal issued its opinion in our case of Ashby v. Ashby, where we represented a survivor of domestic violence in defending against her abuser appealing the five-year renewal of her restraining order. In the opinion, the Court of Appeal agreed with us that our client’s five-year restraining order renewal should stay in place.

Read the court’s opinion here.

Legal Chat with FVAP: Litigation Abuse Stories and Strategies

August 4, 2021 by FVAP

We’re teaming up with California Partnership to End Domestic Violence (CPEDV) to host bimonthly Legal Chats with FVAP! These are statewide calls open to all CPEDV members. This month’s call is today, August 4 at 11am. The topic is Litigation Abuse: Stories and Strategies. Interested in learning more about calls like this one and how you can attend? Reach out to us at staff@fvaplaw.org.

July Newsletter: Exciting Developments Under HEJP Program

August 2, 2021 by FVAP

photo: apartment buildingDon’t miss FVAP’s July 2021 newsletter! In this issue we share some exciting developments under FVAP’s Housing FVAP’s Housing & Employment Justice Program, results from our recent supporter survey, and more. Get on our email list to get e-newsletters like this one delivered to your email inbox.

Legal Victory Helps Keep Kids Fleeing to U.S. Safe from Abuse

July 2, 2021 by FVAP

In partnership with 22  domestic violence organizations and academics FVAP successfully obtained publication of a case in which a survivor of domestic violence and their child came to the U.S. to flee abuse. Under the Hague Convention, when a parent comes to the U.S. to flee abuse, children with them are typically sent back to their “home country” for that country to make custody decisions. This case establishes that if the abusive parent is in denial of their domestic violence problem, then it cannot be safe to return the child, no matter whether the home country has strong laws about domestic violence or otherwise. Read the published opinion.

Oral Argument June 22

June 21, 2021 by FVAP

Scales of justiceWe’re in oral argument June 22 representing a survivor of domestic violence who was granted a five-year extension of her restraining order. Her abuser is appealing the extension arguing that the trial court made mistakes before arriving at their decision to extend the order. FVAP and our client believe the trial court was correct in their decision to extend the restraining order, and we will be arguing that in court on our survivor client’s behalf.

Juneteenth

June 17, 2021 by FVAP

This Saturday, June 19 is Juneteenth.

“Juneteenth is the oldest nationally celebrated commemoration of the ending of slavery in the United States. Dating back to 1865, it was on June 19th that the Union soldiers, led by Major General Gordon Granger, landed at Galveston, Texas with news that the war had ended and that the enslaved were now free. Note that this was two and a half years after President Lincoln’s Emancipation Proclamation – which had become official January 1, 1863.”  -Juneteenth.com

Over the years, Juneteenth has become a time of celebration for the African American community to commemorate freedom and come together.

FVAP is proud to celebrate and center Juneteenth as part of our continued commitment to further racial justice and race equity. We know that the intersection of racial and gender oppression are central to the experiences of many, if not most, of our clients and potential clients, and we all work tirelessly each day to combat these oppressions.



Learn more about Juneteenth at www.Juneteenth.com.

FVAP to Train Court Staff

June 3, 2021 by FVAP

FVAP Advisory Board member, Professor Mindy Mechanic, and Staff Attorney, Cory Hernandez, will be presenting a training on June 3 called Domestic Abuse is More than Physical Violence: Examining the Role of Coercive Control. This training will focus on recently enacted Senate Bill 1141, which clarified the definition of “domestic violence” for getting a restraining order and for deciding child custody matters. Now the definition expressly includes coercive control as a form of domestic violence, which further clarifies how
nonphysical forms of harm can constitute abuse under the law.

Please note this training is not open to the public, and any court staff interested in attending should speak with their supervisors.

FVAP is honored to have been asked by the Judicial Council to train court staff.

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