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This program was recorded on January 17, 2020
One of the most serious issues that face people that are dating, engaged, or married is that of domestic violence; not only between spouses and partners but observed or enacted against minors. This course will cover the basics of how to apply for a domestic violence restraining order, and how to obtain orders to protect a party and their minors from current or continuing acts. An overview of the restraining order litigation process will be covered; as well as the impacts of such litigation based on Sections 3044 and 4325 of the family code. Finally, other non-restraining order solutions, as well as practice tips, and amendments in the law will be discussed as well.
Over the last fifteen years, Mr. Sunnen has worked to protect his client’s rights both in and out of the courtroom and provides solutions to many challenging cases at a high level of professionalism. He specializes in both Family Law/Divorce and Bankruptcy Law. Mr. Sunnen is a member of the California State Bar and has been in private practice for over fifteen years, focusing on litigation in family court, federal court, tax court, bankruptcy court, and before various administrative agencies. Prior to his time in private practice, Mr. Sunnen was a clerk for Federal Magistrate David Noce in the Eighth Circuit. Mr. Sunnen graduated from law school at Washington University in St. Louis, where he was awarded “Best Brief” in Moot Court and was a three-year member of the Dean’s List, recognizing academic excellence. Prior to his career as an attorney, Mr. Sunnen attended Washington University in St. Louis, where he graduated with a double major in Political Science and History and wrote an honors thesis. As a former Park Ranger, Mr. Sunnen has been, and is active in both the private and public sectors of the outdoor industry and has worked with many Fortune 500 companies to promote sustainable public lands appreciation, education, and protection. Mr. Sunnen is also the former head of a non-profit 501(c)(3) organization that he founded and operated for a three-year period, and currently serves on the board of directors of another 501(c)(3) organization.
2 General Credits
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Each On-Demand course is available to you for 1 year from date of purchase. Additionally, CLE credit is only available within that year.
- Domestic Violence Restraining Orders – What Are They
- Difference between Civil Harassment Restraining Orders and Gun Violence Restraining Orders;
- Legal standards and protections afforded under the DVPA
- How to Obtain a Domestic Violence Restraining Order
- Completion of Judicial Counsel Forms;
- Remedies available:
- Custody orders;
- Kick out orders;
- Temporary support (Spousal/Child);
- Bill payments;
- Procedural process/Wait time until issued;
- Affect on Child Custody (FC 3044)
- No order situation;
- Existing Order Situation;
- Relief for other side: at ex parte or first hearing; by stipulation.
- Litigation Process
- Issuance or denial of order;
- Service/Service Issues;
- First Hearing; continuance; request for evidentiary hearing; Time Waiver;
- Evidentiary Hearing/Trial;
- Intersection of Fifth Amendment Claims/CPO/Testimony.
- Impacts of Restraining Order Litigation
- Child Custody – Orders
- Family Court Services mediation;
- Supervised v. Non-Supervised Visitation
- Family Code 3044 Presumption
- Spousal Support – Family Code Section 4325
- Non-Restraining Order Remedies – Impact of Amended FC 3044(g)
- Request for Order Custody Hearings