In Re the Marriage of Maria C and Luis C

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Status: Closed
Court of Appeal, Fifth Appellate District, California

The trial court issued a mutual restraining order against Appellant Maria C. without properly applying section 6305 of the California Family Code, which requires a trial court to make detailed factual findings that each party acted as a primary aggressor and not primarily in self-defense in order to issue mutual domestic violence restraining orders (“DVRO”).

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Our brief addressed issues present in this appeal that impact lesbian, gay, bisexual, transgender, queer, and questioning (“LGBTQ”)  people including rates of IPV among LGBTQ people, barriers to accessing help from the legal system, biases toward LGBT people in the legal system, and collateral consequences of DVROs.

The Court of Appeal reversed the domestic violence restraining order against Maria C. and reversed and remanded the court's custody order for the court to apply the presumption set forth in Family Code section 3044.