A success story from the Family Law Unit
Judy (fictitious name) came to Community Legal Aid SoCal with a procedurally unusual legal issue. She had endured a history of abuse from her former partner, who is also the father of her minor child. The abuse included strangulation while their child slept beside her, repeated physical assaults, and ongoing harassment over co-parenting issues—culminating in a mental health crisis that led Judy to voluntarily admit herself into a facility.
Judy pursued protection by filing a Domestic Violence Restraining Order (DVRO) request in pro per. The court granted a Temporary Restraining Order (TRO) protecting both Judy and her child. However, at the subsequent DVRO hearing, the court issued an atypical ruling: it extended the TRO for three months but did not issue a permanent order after hearing, nor did it set a future hearing date for when the TRO expired so that Judy could pursue a restraining order after hearing. As a result, Judy was left without a clear procedural path to extend the order beyond the three-month period.
Seeking and gaining assistance
Uncertain about her next steps but determined to remain protected, Judy sought assistance from our Family Law Unit (FLU). After an in-depth consultation, FLU attorney Esther Ye identified the legal barriers and immediately developed a tailored strategy to ensure Judy’s continued protection and ability to assert her rights.
The first course of action was to seek a DVRO renewal. Esther quickly prepared and submitted the necessary documents, but the Clerk’s Office rejected the request on the grounds that the existing TRO was not an “order after hearing” and therefore not eligible for renewal.
Undeterred, Esther pivoted to a second strategy and filed a new DVRO request. In her filing, she explained that Judy should not be precluded from referencing prior abuse incidents already presented in the initial hearing, since the court had not made any findings one way or the other regarding domestic violence. The court accepted the new filing and granted another Temporary Restraining Order.
Esther then worked diligently to prepare Judy for the upcoming DVRO hearing. She provided clear, step-by-step instructions for proper service, met with Judy to review case strategy, practiced direct and cross-examination questions, and created a detailed, customized hearing outline for Judy’s reference. Esther emphasized the critical legal standards and key factual incidents necessary to support Judy’s case and position her for success.
Although Esther could not represent Judy in court, she coordinated with a partner organization to ensure Judy had an in-court advocate to provide emotional support and court accompaniment at the hearing.
The day in court
At the hearing, Judy felt empowered and well-prepared, allowing her to more effectively present her case. As a result, the court granted a three-year restraining order after hearing, including her son as a protected party. Additionally, the court awarded Judy sole legal and physical custody of her child.
Through the skilled and compassionate efforts of Community Legal Aid SoCal’s Family Law Unit, Judy successfully navigated a unique legal situation, ultimately achieving safety and stability for herself and her child, as well as sole custody.
