Queen’s Bench Bar Association has joined Family Violence Appellate Project (FVAP) and a coalition of domestic violence advocates in requesting a modification to the California Court of Appeal’s opinion in In re Marriage of A.M. and R.Y. (Case No. D084344). Although the Court recently modified its opinion in response to the appellant’s rehearing petition, FVAP and its partners are urging the Court to correct a key omission that could impact the safety and legal protections available to survivors across the state.

The current opinion omits an important portion of the Domestic Violence Prevention Act’s (DVPA) statutory purpose: to “provide for a separation of the persons involved in the domestic violence for a period sufficient to enable these persons to seek a resolution of the causes of the violence” (Fam. Code § 6220). While the opinion acknowledges the DVPA’s purpose of preventing abuse, it excludes this second, important component of the law.

This omission matters. Survivors are at heightened risk of serious harm when attempting to leave abusive relationships. The DVPA was designed not only to prevent further acts of violence but to allow space for safety, stability, and healing. Recognizing the full statutory purpose ensures that courts consider both the need to prevent immediate harm and the need for meaningful separation as part of their analysis when deciding whether to issue temporary restraining orders.

By supporting this request, Queen’s Bench affirms that clarity in the law is critical to ensuring trial courts apply the DVPA as the Legislature intended. We remain committed to advancing survivor safety and the legal protections that reflect the complex realities of domestic abuse.

Queen's Bench Bar Association provides opportunities for members to work on similar projects. If interested in our Amicus Briefs Committee or Domestic & Sexual Violence Committee, email admin@queensbench.org to sign up today.