K.T. v. E.S.

Survivor K.T. got a three-year DVRO against E.S. after years of physical, sexual, and other forms of abuse, such as coercive control, which often occurred in front of their children.  The trial court refused to include the children as protected parties on K.T.’s DVRO because, although recognizing that they were traumatized by witnessing E.S. abuse K.T., the court found the children were not physically or sexually abused. The Court of Appeal reversed, concluding the trial court failed to apply the correct legal standard of “good cause” to determine whether the children should be added as protected parties. The Court of Appeal also found the trial court failed to find “good cause” based on the undisputed evidence in the record of the children’s peace being disturbed by witnessing E.S.’s abuse of K.T.  The Court relied, in part, on the broad protective purposes of the DVPA and the legislative findings and social science FVAP and amici cited in their briefs.  As a result, the Court of Appeal has sent the case back to the trial court with instructions to modify K.T.’s DVRO to include the children as protected parties.