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Success Stories

Ruby
Upset, afraid and confused, Ruby came to the San Diego Family Justice Center seeking help.  Ruby needed legal help and she needed it fast.  Ruby had just been served with a restraining order that was placed against her by the father of her son.  The TRO filed against Ruby included a move-out order and a child custody and visitation order that gave full legal and physical custody to the abuser with no visitation to Ruby.   With the help of the San Diego Police Department, we soon discovered that Ruby was the victim of several prior incidents of domestic violence. Based on the history of abuse, the FJC Legal Network decided to assist Ruby with filing her answer to the TRO and for her own TRO against her abuser. 

The FJC Legal Network filed an answer with several exhibits attached.  Ruby's request for a TRO was faxed to the court but was denied as it conflicted with her abuser's restraining order.  Pending the hearing, a legal intern assigned to the case provided emotional support, court preparation and resources.

A couple of days passed when Ruby returned to the FJC Legal Network, frantic and at a loss.  She informed us that her abuser had moved and/or sold much of the furniture in the apartment.  For the past 2 years, Ruby had been the only tenant on the lease and the primary occupant with her son.  Ruby's abuser had not paid rent, not contributed to the household, nor purchased any of the household furnishings.  While being the restrained party, Ruby felt powerless to stop him.  She called the police to report what was happening at the residence.  When the police arrived, the abuser told the police that Ruby had been violating the TRO by contacting their child.  In response, the police arrested Ruby for allegedly violating the TRO.

The FJC Legal Network immediately filed an ex parte application to address the removal of her belongings and to reverse the move out order, which was denied.  However, an order was made to allow Ruby to return to her residence and remove all of her belongings.

At the hearing, the court reissued the abuser's restraining order request and ordered the parties to attend mediation prior to the court making a child custody and visitation order.  The court granted Ruby visitation from Mondays, after school, until Thursdays, when Ruby would drop their son off at school. The hearing occurred on a Monday, so the court ordered that Ruby, who had not seen her son in three weeks, was to pick up their son from school that same day. The FJC Legal Network attorney called the abuser later that day and reminded him of the orders made in court and that it was Ruby's turn for visitation.  The abuser said, "I don't have any papers on that."  The attorney informed the abuser that he would not receive papers since he was given notice in court that very morning.

At 3:00 PM that afternoon, the FJC Legal Network received a hysterical phone call from Ruby, stating that the police were at the school.  While on the phone with Ruby, she started to shout, "He's here!  He's here!"  Her abuser showed up at the school, in direct conflict with the court's order made that very same day. While the attorney remained on the phone, Ruby showed the police officer her court order and the child was escorted away with Ruby.

Four days later, the FJC Legal Network filed a contempt action against the abuser for violating the court order at the school.  The court date was scheduled for July 2010.

Subsequently, our office received the mediator's report, recommending that Ruby have sole legal and primary physical custody of their son with visitation to the abuser.

Based on the substantial evidence showing domestic violence committed against Ruby by the abuser, the court made the following orders at the subsequent hearing:  denied the abuser's restraining order, ordered a one year restraining order against abuser, and awarded custody to Ruby based on the mediator's recommendations.  Ruby's abuser then proceeded to file an appeal of that order.

At the contempt hearing, the abuser requested counsel and initially entered a plea of not guilty.  After being assigned counsel, the abuser realized that he faced jail time and changed his plea to guilty for a lesser punishment.  He was given one year probation and 4 hours of community service which was stayed for 6 months provided that he not violate any other court order in the case.   Due to being held accountable for his actions by the FJC Legal Network, the abuser has since dropped his appeal of the restraining order and plans to continue following the existing custody order and visitation schedule as assigned by the judge.