On August 11, the Appellate Division of the Los Angeles County Superior Court issued its opinion in our case of Elmassian v. Flores, where we represented a survivor of domestic violence who was evicted from her home for over a decade because of acts of abuse by former intimate partners. In the opinion, the appellate division agreed with us that our client had provided the trial court with correct documentation to show she was a survivor and enough evidence that the landlord’s complaints were based on acts of domestic violence to raise the domestic violence eviction defense, which generally bans landlords from evicting tenants because of act(s) of abuse against a tenant by a person who is not currently a tenant. The appellate division reversed the trial court’s judgment against our client. FVAP co-counseled this case with Basta, Inc. and Jones Day.
Announcements
Legal Victory in Washington Helps Survivors’ Kids Who Have Witnessed Abuse and Might Testify
In partnership with three other gender-based violence and legal aid organizations, FVAP Washington successfully obtained publication in part of a case in which the Court of Appeals ruled that child testimony should not be excluded based on a blanket ban on allowing child witnesses in family law proceedings. Courts must first consider all the circumstances, including whether children have witnessed abuse. The decision also confirms that evidence about domestic violence is relevant, whether or not it is related to the children in the parenting plan trial. A parent’s history of domestic violence, child sexual abuse, and sexual assault that results in pregnancy must be considered. Read the opinion and order to publish in part.
FVAP in Court Today: Other Side Challenging Order Dismissing Lawsuit Against Survivor
FVAP is representing a survivor where the other side is challenging an order dismissing his lawsuit against the survivor. The other side filed a lawsuit against the survivor for defamation and other alleged civil wrongs after she reported her assault to the police. The trial court correctly dismissed the lawsuit since California has a law that protects survivors from being sued because they report the assault to the police.
This case is important to uphold a survivor’s right to make a good-faith report to the police without fear of retaliation. Our co-counsel at Jones Day will be arguing on our client’s behalf today.
FVAP in Court: Helping Survivor Reunite with Her Child After 6 Years
Today we are representing a survivor who we believe was pressured into allowing temporary guardianship for her baby. Six years later she still has not been reunited with her child. After years of delays the trial court gave permanent guardianship to the child’s grandparents and would not give an explanation for this decision.
FVAP believes the trial court used the wrong criteria and stale evidence to make its order and should have explained decision.
FVAP asked state and national organizations to write a friend-of-the-court (amicus) brief on the impact of trauma, the ability of survivors to heal, and the failure of courts to take these issues into account appropriately when making their decisions. Our co-counsel at Mayer Brown will be arguing on our client’s behalf at approximately 4pm this afternoon.
Court Agrees: Maintain Survivor’s Restraining Order
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.
Legal Chat with FVAP: Litigation Abuse Stories and Strategies
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
Don’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.
