Family Violence Appellate Project

Giving survivors a second chance at justice

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Legal Victory in Washington Helps Survivors’ Kids Who Have Witnessed Abuse and Might Testify

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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

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lady justiceFVAP 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

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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

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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

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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.