CWLC Amicus Briefs: Working to End Domestic Violence

This fall CWLC filed amicus briefs in two related domestic violence appeals with a third brief to be filed later this month. The briefs were drafted by Pepper Hamilton, who represented CWLC as amicus. This effort was led by Board Member and Pepper Hamilton partner, Pamela Palmer.

The cases address the interplay between the Family Court and Juvenile Court in renewing domestic violence restraining orders. The briefs argue that a domestic violence victim should not be forced to apply for a new restraining order against her abuser but should have the ability, pursuant to the relevant statutory code sections, to transfer a restraining order and renew it seamlessly between the Family Court and Juvenile Court.

We are very proud to report that after oral argument, the California Court of Appeal reversed in published decisions both cases in which amicus briefs were filed. The Appellate court remanded the cases back to the trial court with instructions to evaluate the restraining orders as renewals rather than initial restraining orders.  The Court of Appeal noted CWLC’s amicus participation in both of its published decisions. We were proud to have the opportunity to assist these plaintiffs and other survivors of domestic violence.

Click here to read the published Garcia Opinion.
Click here to read the Garcia Amicus Brief.
Click here to read the published Nunez Opinion.
Click here to read the Nunez Amicus Brief.

We look forward to a similarly positive result in the third in this series of important domestic violence appeals!