Family Violence Appellate Project

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Introducing FVAP’s New Executive Director, Deborah Son

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Family Violence Appellate Project’s Board of Directors is pleased to announce the appointment of Deborah Son as the organization’s new Executive Director. She begins the role effective February 6, 2023.

Deborah brings over fifteen years of experience in domestic violence advocacy, organizational leadership, and the nonprofit sector. She has co-authored advocacy letters and organized broad-scale grassroots efforts to raise attention for requests to appeal high-profile court decisions as they pertain the health of children, individuals, and families, leading awareness initiatives to leverage communications platforms and digital campaigns to bring light to the necessity of appealing dangerous cases. Additionally, Deborah has served as a nationally-recognized domestic violence trainer, technical assistance provider, and advocate; and has contributed to the design and implementation of dozens of psychosocial programs across the nation that support survivors and their communities.

“Much of my service and advocacy career has been dedicated to ending gender-based violence, advancing equitable care, and advocating for families to have the resources they need to thrive,” said Deborah Son. “I have committed myself to service in these issue areas to further combat the racism and institutional marginalization that often acts in direct barrier to those who need care the most. These passions are colored by my own lived experiences as a daughter of immigrants, a survivor of gender-based violence, and a witness to domestic violence in my own community.”

Most recently, Deborah served as the Executive Director of the National Association of Social Workers, California Chapter (NASW-CA). At NASW-CA, Deborah stabilized the organization, generated transformative organizational change that embraced accountability and diversity, and ensured growth.

Prior to this, Deborah served the California Alliance of Child and Family Services as Director of Strategic Initiatives, using her skills in strategic planning and program growth to secure new revenue sources and build DEI frameworks and programs. Deborah also served as the Director of Policy and Strategy at Lincoln, where she raised the capacity of direct service providers so they could participate in legislative and systems changes that strengthened support for children and families. As Program Manager at Asian Pacific Institute on Gender-Based Violence, Deborah traveled nationally and consulted on domestic violence homicide. It was her work at STAND! For Families Free of Violence (STAND!) and numerous other domestic violence and rape crisis organizations in the Bay Area, however, that kindled and cultivated her love for social and gender justice work.

“We are very excited to have Deborah join FVAP,” said Maricela Rios-Faust, Board President. “Her strong leadership abilities, deep understanding of gender-based violence, and passion for social justice are essential in leading FVAP during this next chapter.”

“I am thrilled that Deborah is joining FVAP,” said outgoing Executive Director and co-founder Erin Smith. “I have the utmost confidence in Deborah’s leadership and her passion for FVAP’s mission and the survivors we serve, and I believe she is the right person to lead FVAP into its next phase.” Erin will stay on with FVAP through February 28, providing transition support to Deborah. “On behalf of all the abuse survivors who have been helped by FVAP in the 11 years since its founding, the Board is immensely grateful to Erin for co-founding the organization, for stewarding it to become the recognized leader on legal issues that it is today, and for her years of service and hard work on behalf of survivors,” said Rios-Faust. “The Board appreciates Erin’s willingness to provide a smooth transition for Deborah and the organization.”

For more information about FVAP, visit www.fvaplaw.org.

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. 

Summer 2023 Law Clerk Position (CA/WA)- Hybrid

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Law Clerk Job Openings (CA/WA) – Hybrid

Family Violence Appellate Project (FVAP) is seeking 1-3 law clerks to join our small but exceptional and dynamic California or Washington office for Summer 2023. This full-time clerkship (37.5 hours per week) runs for 10 weeks. Start dates are flexible based on the end of a clerk’s academic semester, quarter, or year. Our California office is in Oakland, California. Our Washington office is in Bellevue, Washington. We currently have a hybrid schedule of one day in the office.

We value diverse experiences and backgrounds. FVAP’s clientele is diverse, and we serve individuals and advocates throughout the state, including rural, suburban, and urban populations. The ideal candidate will bring skills and experiences enabling the candidate to serve these diverse populations well in the context of domestic violence and appellate litigation. FVAP is an equal opportunity employer. In furtherance of social justice principles and to best serve our clients, FVAP is committed to supporting 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 differently abled persons, survivors of domestic violence, candidates from traditionally underrepresented communities and historically oppressed groups, bilingual and bicultural candidates, and those who are the first in their family to complete college or graduate school, are encouraged to apply.

Family Violence Appellate Project is the only organization in California and Washington states dedicated to appealing cases pro bono on behalf of survivors of domestic and other forms of interpersonal violence. We are dedicated to shaping California and Washington law to meet the needs of survivors and their children to make choices that are best for them. We are also committed to supporting the statewide network of domestic violence and legal aid service providers. FVAP’s work includes:

  • Representing clients’ pro bono in the California and Washington Courts of Appeal,

  • Submitting amicus curiae briefs in cases of statewide importance,

  • Monitoring unpublished cases daily and requesting publication of important domestic violence cases,

  • Engaging in legislative and systems change advocacy efforts,

  • Providing trainings, technical assistance, and written informational materials, and

  • Facilitating information exchange among statewide stakeholders supporting survivors.

If you are interested in being part of this exciting social justice organization and resource for domestic violence survivors and advocates across California and Washington, this is the place for you! You can learn more at www.fvaplaw.org.

Essential Duties:

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

  • Assisting with an active pipeline of case referrals, including completing an initial case analysis, which includes but it not limited to reviewing the trial court record, analyzing the legal issues in the case, and making a preliminary recommendation on whether FVAP should accept the case for appeal;

  • Conducting legal research and writing;

  • Assisting FVAP’s work with pro bono co-counsel to file appellate and amicus curiae briefs;

  • Analyzing and presenting social science literature in the field of domestic violence;

  • Assist with updating and improving FVAP’s written materials and trainings; and,

  • Contributing overall to FVAP’s work to achieve its organizational mission.

Required Qualifications and Experience:

  • Completion of at least one year of law school (including Civil Procedure) at an accredited university;

  • Excellent communication and writing skills;

  • Strong organizational skills;

  • Ability to work independently and as part of a team;

  • Strong understanding of issues specifically facing clients in crisis and low‐income clients;

  • Ability to adapt to and work in a fast-paced environment and complete time-sensitive assignments thoroughly and on time;

  • Legal research skills; and,

  • Knowledge of the dynamics of domestic violence, domestic violence law and/or family law strongly preferred, either through course work or work experience or other experience. (Work in other areas of interpersonal violence may qualify.)

Strongly Preferred but not Required Qualifications and Experience:

  • Experience with trial or appellate court documents and procedure;

  • Experience working directly with clients in crisis;

  • Litigation or appellate experience;

  • Completion of a course in Evidence; and,

  • Experience with writing legal concepts in plain language for non-lawyers.

Law clerks are unpaid but may be eligible for funding or course credit through their law school. We can provide support letters and other documents as needed if you are offered the clerkship.

To Apply: Applications are accepted on a rolling basis. Students are encouraged to apply early in the process, but at this time we do not have a cutoff date for applications nor a deadline by which we will have a decision. If you must know by a certain date for credit registration or funding purposes, please clearly state that in your email and cover letter.

Please email a cover letter, resume and a copy of the classes you have taken and registered for or a transcript (unofficial is fine). Please write down in the subject line which office you are applying to (California, Washington, or Both) and that you are applying to be a 2023 Summer Law Clerk.

All applicant emails: jobs@fvaplaw.org

Attn: Arati Vasan, Senior Managing Attorney (California)

Family Violence Appellate Project, 449 15th St. Suite 805, Oakland, CA 94612

Attn: Zyreena Choudhry, Staff Attorney (Washington)

Family Violence Appellate Project, 1239 120th Ave. NE, Ste. J, Bellevue, WA 98005

Your cover letter should speak to:

1) why you are interested specifically in working at FVAP;

2) how your background or experiences, educational or otherwise, have prepared you to contribute to our work and perform the required duties and any preferred qualifications; and, 3) how your background or experiences, educational or otherwise, have prepared you to contribute to our commitment to diversity and cultural humility amongst our team of staff and interns. Feel free to think broadly about your response to these questions, applying various aspects of your life and personal experience.

Thank you for your interest in FVAP!

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.