The client, Linda Lopez (fictitious name), is a monolingual Spanish speaker who did everything she could to do right by her five minor children. Deciding that she and her children had suffered enough, she was ready to formally cut ties with her abusive husband when she contacted Community Legal Aid SoCal (CLA SoCal) for advice and counsel.
In her initial appointment with Family Law Unit senior attorney Beatriz Serrate, she indicated she needed assistance with a divorce and child custody, visitation, and support. Hearing her story and the family’s circumstances, Beatriz immediately took her case for full representation, including helping with an existing domestic violence restraining order Linda had filed related to a rape perpetrated on her 13 year old daughter by her husband.
A devastating revelation
Linda and her husband Mauricio (fictitious name) were separated, and she remained living in their apartment with the children. Six months after the separation, she found her daughter in the apartment upset and crying. When she asked what was wrong the daughter told her about the rape committed by her father when she was younger, age 11, and that it had started again.
In response to this devastating revelation, Linda immediately took her daughter to the doctor. The doctor reported it to the police, who initiated an investigation. With assistance, Linda then took the next step and filed for the temporary restraining order. By the time she came to CLA SoCal it had not yet been heard. In the meantime, Mauricio, who had financial resources, hired legal representation, and lawyered up.
Linda had always been a stay-at-home mother and did not have any independent income. She would have been hard pressed to pay for attorney services were it not for CLA SoCal and the free family law services the organization offers. The attorney, Beatriz, assisted Linda with the restraining order, the divorce, and a housing issue. In the Request for Order Beatriz asked that Linda have exclusive use of the apartment, spousal support, and an order for Mauricio to return his key to the CLA SoCal Anaheim office.
Further complications and then resolution
As it turned out the temporary restraining order was delayed as there was an additional issue pertaining to Mauricio—a potential criminal case against him being investigated by the City of Orange Police Department. Also, adding another layer to the situation, Mauricio was arrested in court because of a DUI bench warrant.
In the midst of everything, the COVID-19 pandemic slowed down the process, causing further a delay in the progress of the case. Linda, Beatriz, and the Family Law Unit team held on and at last, in April of this year, a very relieved Linda was granted a five year domestic violence restraining order, protecting her and all five children including one over age 18. Additionally, she was granted the divorce from Mauricio, without visitation.
Currently Linda and all five children are living safely together. The children are in school and are receiving therapy for the trauma they experienced in their young lives.
