This petition for a rehearing in Toure v Oxley challenges an Appellate court’s rejection of a lower court which denied a Domestic Violence Restraining Order (“DVRO”) to a father even though mother had 21 convictions of contempt for secreting their daughter, flagrantly violated custody orders, and destroyed the father’s property. Frankly, such circumstances suggest what many believe to be a bias in California courts for mothers, regardless of their violence and willful disregard for the law. Civil rights attorney Nadine Lewis, Esq. and family law attorney David Pisarra, Esq. represented the father pro bono. The NCFM Board approved a request to cover the costs of filing, which we were more than happy to do. Attorney Lewis explains what happened in the UPDATE below.
Harry Crouch, President/Chairman of the Board
UPDATE:
Respondent was found guilty of 21 counts of contempt but placed on probation. She continued to violate court orders and Petitioner filed another contempt and although she admitted to most of the conduct, she was found not guilty. Judges are mandated to send second offenders to jail and most members of the judiciary loathe to do so, particularly when the offender is a mother.
Custody between the Parties is 50/50 but the Father has tie breaking authority over most decisions involving the minor child.
The Petition for Rehearing was denied; the same justice who dissented in the appeal stated that he would have granted the Petition for Rehearing. The Petition for Review to the California Supreme Court was denied.
