NAWL Joins FVAP Amicus Against Mutual Restraining Order

March 30, 2023


March 30, 2023 -- The California 2nd District Court of Appeal did not agree with our position and affirmed the trial court's decision to deny the Domestic Violence Restraining Order ("DVRO") - read the full opinion. Though we disagree with the outcome, we hope that the brief educated the Justices about the dynamics of domestic violence.


August 3, 2022 -- NAWL joined the Family Violence Appellate Project ("FVAP") amicus brief filed in California's 2nd District Court of Appeal in the case of Blake v. Langer.


Our amicus brief explains that mutual restraining order requests are often a litigation tactic engaged by abusers, and that it is important for trial courts to properly assess the totality of the circumstances to figure out who is abusive within a relationship because mutual abuse is exceedingly rare. We also explain that the location of abuse should not be an exception under California's Domestic Violence Prevention Act which provides broad protection. The brief also explains why a survivor's interpretation of what is threatening behavior should be credited by trial courts, since survivors are uniquely attuned to what is threatening (in this case, a second alleged act of abuse - picking up a knife during a home walk-through).



April 30, 2026
Yesterday, the United States Supreme Court issued its decision in Louisiana v. Callais , ruling 6–3 that Louisiana’s congressional map creating a second majority-Black district is an unconstitutional racial gerrymander. In reaching that decision, the Court narrowed how Section 2 of the Voting Rights Act may be used to remedy racial vote dilution, despite prior findings that Louisiana’s earlier maps likely infringed on the voting rights of Black residents. This decision marks a serious setback for voting rights and democratic participation. For nearly six decades, the Voting Rights Act has served as a cornerstone of our legal system’s effort to confront and remedy structural discrimination in the electoral process. By restricting the tools available to address unequal representation, the Court’s ruling makes it harder to correct long standing disparities in who has a voice in our elections. In a dissent read aloud from the bench, Justice Elena Kagan cautioned that the Court’s decision undermines one of the last effective tools for protecting fair representation. Describing the ruling’s impact on the Voting Rights Act, she wrote that Section 2 is now “all but a dead letter,” unable to fulfill its core purpose. She highlighted that a democracy cannot function as promised when the law prevents meaningful remedies for electoral systems that lock some communities out of political power. NAWL is committed to a democracy that works for everyone, supported by a legal system that recognizes discrimination and acts to correct it. As lawyers, judges, advocates, and scholars, we understand that voting rights are foundational to all other rights. NAWL will continue to engage its members on the implications of this decision through education and dialogue. We invite NAWL members to continue this important conversation by attending our session “ Louisiana v. Callais : Voting Rights and the Future of Our Democracy” at NAWL’s 2026 Annual Meeting in Chicago on July 22–23 . Hear from Jessica Ellsworth (Partner and Co-Chair, Supreme Court and Appellate Practice at Hogan Lovells), Samuel Spital (Associate Director-Counsel at the Legal Defense Fund), Franita Tolson (Dean of USC Gould School of Law), and Wendy Weiser (Vice President, Democracy at Brennan Center for Justice). Our expert panel will examine the implications of this decision and its future impact on voting rights and the rule of law.
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