Concerning the denial of a domestic violence restraining based on gender bias and myths about domestic violence and sexual assault.
- Violence Against Women and Girls
- Authored Amicus Brief
Our Role in the Case
This case involves the denial of a domestic violence restraining order after a trial and decision, which was influenced by gender bias and myths about domestic violence and sexual assault. Legal Momentum and Arnold & Porter Kaye Scholer filed this amicus brief in the California Court of Appeal First Appellate District to educate the Court about the realities of domestic violence, particularly the elements of coercive control. In the brief, we identify the concerning pattern of conduct perpetrated against the Appellant, which the trial court failed to appropriately consider and resulting in the misapplication of the laws and standards around issuing domestic violence restraining orders when evidence of coercive control is presented.