In this case, our client (Renee) had a child with the opposing party (Robert) after dating. Robert subjected Renee to harassment and disturbed her peace, including through racist and sexually degrading comments regarding Renee’s friends of color. Robert’s harassment also targeted the parties’ child. Renee obtained a DVRO against Robert, but the court refused to modify a prior joint custody order, because it found an “exception” to the Family Code section 3044 rebuttable presumption against awarding custody to an adjudicated abuser like Robert. The trial court also failed to rule on Renee’s request for child support, which she made as part of her DVRO request but, representing herself at trial, did not know to bring up on her own. On appeal, the Court of Appeal agreed with both of our arguments: the trial court erred by failing to apply Family Code section 3044, as there are no exceptions to the statutory presumption; and the trial court erred by failing to rule on Renee’s child support request, which effectively denied it, because the court has to decide the support issue even if a party does not bring it up during the hearing, because Family Code section 6341 puts the duty on the trial court. FVAP successfully co-counseled this case with Sidley Austin LLP.
The appellate court’s unpublished opinion can be found here.
