We are pleased to share a client success story that highlights the collaborative efforts between two CLA SoCal attorneys. (Please note that the names of the parties involved are fictitious for confidentiality purposes.) 

The client, Sally, was involved in a domestic violence relationship with the abuser and father of her two younger children, Derrick. Amongst other things, Derrick had spit on her, pushed her, confiscated her cellphone and car keys so that she could not call for help or escape, threatened to end her life, and strangled her several times – once when she was pregnant with their second child. Even after Sally ended the romantic relationship, Derrick used their co-parenting relationship and their children to persist in unwanted and harassing contacts with her.

Seeking shelter and restraining order

In March 2023, Sally fled to Orange County with her four minor children to seek shelter from Derrick after he pointed a knife at her and their daughter, threatening to kill her. Derrick somehow found Sally and the children at the confidential domestic violence shelter they were staying at, forcing them to flee to another shelter. Sally then filed for a Domestic Violence Restraining Order (DVRO) and was granted a Temporary Restraining Order (TRO). Despite the TRO, Derrick continued to contact her. After hearing testimony by both parties, the court denied her request for a restraining order and Sally’s matter was dismissed. Among other things, the court failed to address Sally’s evidence that Derrick had violated the TRO.

Referred to CLA SoCal

Sally’s case was referred to CLA SoCal through a partnership with a local shelter.  Erica Ettinger, as the lead attorney, took on her case and filed an appeal on Sally’s behalf.  With help from pro bono attorneys, Sally’s appeal was granted. The Court of Appeal found that the trial court’s ruling was based on a misunderstanding of the record and applicable law. The Court of Appeal reversed the trial court’s denial of Sally’s request for a restraining order and ordered that her request be reconsidered by the trial court.

In December 2024, the matter was remanded to the trial court. A hearing was set, however due to a clerical error, Sally was not properly served with the notice of hearing. As such, her DVRO matter was removed from the court’s calendar. Throughout the arduous appeal process, Sally had been waiting for her day in court and this hurdle reinforced her frustration with the justice system.

Strategizing next steps

Erica and attorney Esther Ye from another unit quickly strategized next steps and how to best approach this legal problem. Under strained timing, Esther filed a Motion for Reconsideration to restore Sally’s matter back on calendar, or in the alterative, a Motion to Set Aside. The motion was successful, and the matter was finally set for a hearing in March 2025.

Esther prepared and filed moving papers detailing a number of abusive incidents since the TRO was dismissed in April 2023, attaching supporting evidence of the abuse. These incidents included Derrick spitting on Sally at a child exchange; Derrick following Sally and her children in his vehicle for 10+ minutes, driving erratically and yelling curse words at her when they were stopped at a red light; and Derrick jumping on her vehicle and preventing her from leaving with the children.

Finally, a day in court

In late March 2025, Sally finally had the day in court that she was waiting for, this time feeling more prepared and with Esther’s legal representation. A contested hearing proceeded, and in its ruling, the court candidly addressed details that it had overlooked at the initial hearing in April 2023, including Derrick’s violations of the TRO.

The court found Sally to be credible and noted that domestic violence does not require criminality or physicality, but that disturbing the peace and destroying one’s mental calm was sufficient to grant a restraining order. The court granted Sally a three-year Domestic Violence Restraining Order After Hearing. She was overjoyed, not only for the protection for herself, but how this restraining order would positively affect her children and their wellbeing.

This case spanned nearly two years and involved two CLA SoCal units, but now Sally can finally have closure on her DVRO matter and know that justice prevailed.