News & Updates: Folger Levin Assists Domestic Violence Survivor in Obtaining Reversal of Trial Court Decision

The California Court of Appeals has issued an opinion in favor of Folger Levin’s client in an important case involving the rights of survivors of domestic violence.  The Court of Appeal held that the trial court erred in denying a request for renewal of a restraining order, finding that the trial court decision was based on an erroneous understanding of the term “abuse,” as used in the Domestic Violence Prevention Act.  Critically, the Court of Appeal held that, in considering a request for renewal of a restraining order to protect a parent, trial courts should consider evidence of abuse of the parent’s child, as such abuse can make the parent fear for the safety of herself and her children.  The opinion was certified for publication on July 11, 2016.

Folger Levin represented the appellant on a pro bono basis, serving as co-counsel with attorneys from Bay Area Legal Aid and Family Violence Appellate Project.  A copy of the opinion can be found here.