Martinez Jones v. Amezcua

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Concerned child custody given the father despite his proven violent behaviors.

Full Case Title: 

Nicollette J. Martinez Jones v. Miguel Amezcua
  • Violence Against Women and Girls


  • Domestic Violence and Children
  • Parental Rights
  • Joined Amicus Brief


Summary of the Case

The brief challenged the trial court’s decision of awarding Mr. Amezcua sole physical and joint legal custody of the young son despite the fact that two family courts and one criminal court found he physically and emotionally abused Ms. Martinez Jones. 

Summary of the Brief

Amici argued that this decision was a misapplication of California Family Code Section 3044, which states that awarding custody to a perpetrator of domestic violence is not in the child’s best interest. It has been proven that supporting the children’s relationship with the non-abusive parent is one of the most effective ways to help the child recover from the abusive domestic environment. Parent victims should not fear taking appropriate protective parenting measure to protect their children when interacting with abusive parent.