November 22, 2016
Family Violence Appellate Project has landed another victory of survivors of domestic violence with the publication of a groundbreaking case in California: Marriage of Fregoso and Hernandez.
It is the first case to clarify that a restraining order can be issued in California even if the parties briefly reconciled following the issuance of a temporary restraining order. This ruling is crucial because the majority of survivors return to an abusive relationship multiple times before successfully leaving, often because of external factors like financial insecurity and housing. This case also confirms that the testimony of one witness, even the person requesting the restraining order, is sufficient evidence to support issuing a Domestic Violence Restraining Order. The publication of this case will set statewide legal precedent that will make California safer by eliminating barriers that keep abuse survivors from obtaining protective orders.
Organizations mentioned/involved: Family Violence Appellate Project (FVAP)