• Skip to content
  • Skip to footer

Family Violence Appellate Project

Giving survivors a second chance at justice

While FVAP is open and our services continue to be available, as of March 9, 2020, in order to ensure the safety and well-being of clients and FVAP staff, we are meeting with visitors only by appointment until further notice. Our helpline is (510) 380-6243, and our business line is 510-858-7358. You may also email us at info@fvaplaw.org.
En Español
用中文(表達
In English
Giving survivors a second chance at justice Donate
  • Home
  • About Us
    • Our Mission
    • Survivor Stories
    • Our Programs
    • Who We Are
    • Annual Reports & Financials
  • News
    • Announcements
    • Press Room
    • Battle of the Bands
  • Resources
    • Survey of CA Domestic Violence Service Providers
    • FVAP Legal Resource Library
    • Cases You Can Use
    • Other Resources
  • Get Involved
    • Donate
      • Herma Hill Kay Memorial Fund
    • Volunteer
    • Job Openings
  • Contact Us

appeals

FVAP Legal Victory! California’s Strong Family Code Ensures Safe Parenting

September 5, 2019 by FVAP

FVAP legal victory! California has strong laws that recognize that parents who commit domestic violence are often not able to safely parent without taking steps like successfully completing a batterer’s intervention program, undergoing necessary drug and alcohol abuse counseling, taking parenting classes to make sure they are able to put their children first, and not using custody and visitation to commit further abuse.

In this case, the Court of Appeal ruled that the trial court had awarded an abusive parent substantial visitation time that amounted to custody without applying section 3044 of the Family Code, which must first be applied to determine whether it is in the best interest of the child to award any custody, or substantial visitation amounting to custody, to a parent who has been found to have committed domestic violence.

Huge thanks to our co-counsel at Central California Legal Services, Inc., and Haynes and Boone, LLP! Also to California Women’s Law Center and Manatt, Phelps & Phillips, LLP who filed an amicus (friend-of-the-court) brief.

 

Footer

Helpline (510) 380-6243
Business line (510) 858-7358
info@fvaplaw.org

Copyright Family Violence Appellate Project 2020

Website By

Sign Up for Updates
  • Facebook
  • LinkedIn
  • Twitter

Free, full-service interpretation & translation services available. Servicios gratuitos y completos de traducción e interpretación disponibles. 我们能够提供免费的翻译服务

We serve everyone regardless of immigration status. No rechazamos el servicio basado en el estado de inmigración. 無論您的移民身份如何,我們都將為您服務.

Leave Site