Family Violence Appellate Project

Oakland

Abuse Survivors' Rights

Jennafer Wagner

It was another painful story of domestic abuse -- with a $4 million twist. Christopher U., an emotionally controlling and threatening husband, gained financial control over his wife, Parris J., by running up credit card debt in her name and taking out life insurance on her with a $4 million death benefit to him. When she got a five-year domestic violence restraining order against him, he appealed.

Enter the Family Violence Appellate Project, a small nonprofit that partners with pro bono attorneys from law firms and corporate legal teams to provide free appellate representation to survivors.

The group agreed to represent Parris before the 2nd District Court of Appeal. It used her situation to advance case law in favor of abuse victims.

Gloria Carolina Chong

In early October, the appellate panel unanimously affirmed the trial court's orders granting the restraining order, ordering Christopher to change the insurance beneficiary from himself to a charity of Parris' choice and granting her $200,000 in attorney fees. Christopher U. v. Parris J., B313470 (2d DCA, op. filed Oct. 4. 2023).

"This was a good demonstration of the ways dependence is created," said Jennafer Dorfman Wagner, the FVAP program director, who defended the trial court's rulings with colleagues Shuray S. Ghorishi and Cory D. Hernandez, plus lawyers Sylvia R. Ewald of Goodwin Proctor LLP and Alexis S. Coll-Very, currently with Simpson Thacher & Bartlett LLP.

The opinion was exactly what the Family Violence Appellate Project wanted: another published explanation of domestic violence law for the benefit of trial courts -- and victims.

The appellate panel explained that the life insurance policy was a form of abuse that courts are empowered to regulate under the state's Domestic Violence Prevention Act's sections on disturbing the peace. Parris testified that she went into hiding and couldn't sleep because she feared Christopher could kill her for the $4 million.

"Christopher's continued status as beneficiary of the Life Insurance Policy disturbed Parris's peace...and therefore was a form of abuse," the panel wrote.

Arati Vasan

Ghorishi, the Family Violence Appellate Project's senior managing attorney, said during her nine years there, the number of published civil cases on the rights of domestic violence survivors has risen from a handful to more than 40. "I feel extremely fortunate to have been a part of creating an influential body of case law that has transformed how family courts respond to survivors and their children," she added.

The Family Violence Appellate Project was founded in 2012 when two students at UC Berkeley School of Law suggested it to the teacher of their domestic violence law seminar, Professor Nancy K.D. Lemon, a veteran in the field. Lemon co-founded the project and is currently of counsel.

The group has since grown to eight attorneys in California and two at a new office in Washington state. Its lawyers have won 81% of the affirmative appeals they have filed for survivors, far above the statewide average of 21%. They have won 100% of the appeals they defend.

"Nancy Lemon has explained that appeals are valuable because when you appeal successfully, trial judges see their errors and start following the law," Wagner said.

In 2018, the group won a Daily Journal CLAY award for partnering with Joanna S. McCallum of Manatt, Phelps & Phillips, LLP to establish through a published opinion that courts can maintain continuity of a domestic violence restraining order from its inception in juvenile court to its extension in family court. Priscila N. v. Leonardo G., 17 Cal.App. 5th 1208 (2d DCA, filed Dec. 15, 2016).

-John Roemer