Family Law Section
News from the Section
Court of Appeal provides guidance for trial courts when considering whether to grant a mutual restraining order
The Court of Appeals recently clarified the procedural and substantive standards for the issuance of a mutual restraining order under the Domestic Violence Prevention Act (DVPA). In Isidora M. v. Silvino M., 190 Cal. Rptr. 3d 502 (7/31/2015), the wife, Isidora, applied for a restraining order pursuant to the DVPA against her husband, Silvino. Although Silvino responded to the request for restraining order, stating that he did not agree to the order requested by Isidora, he did not file a request for restraining order of his own against Isadora. In his response, Silvino attached evidence that showed Isidora had been previously arrested for spousal battery and was subject to a criminal protective order. After a full evidentiary hearing, the trial court, sua sponte, issued a five-year mutual restraining order under Family Code Section 6305. READ MORE
The Family Law Section Executive Committee is accepting applications for appointment
FlexCom is short for the Family Law Executive Committee. We are seeking members who are dedicated to advancing Family Law, and who enjoy hard work in a collegial atmosphere.
The Executive Committee consists of 17 dedicated volunteers along with several advisors who are responsible to carry out the Section's mission of furthering Section members' knowledge in all areas of family law. Throughout the year, the Committee maintains and develop educational opportunities, actively advocates for family law legislation and policy, put together the quarterly Family Law News publication, issue periodic electronic newsletters to keep membership abreast of current family law issues. READ MORE
Essentials 2016 - Coming Soon!
The FlexCom Education team is furiously planning for its 2016 Essentials offerings. This wildly successful all-day education seminar is entering its fourth year. Now a staple of the Executive Committee's commitment to providing family law attorneys with the highest quality continuing education, Essentials looks to become bigger and better than ever. Please stay tuned in the coming months for details on dates and locations for 2016.
The topic for 2016 will be Going Through the Motions - Practical pointers on how to defend and request an RFO.
State Bar Annual Meeting Is Around the Corner
Looking for a great opportunity to network while gathering a trove of high-quality continuing education? The State Bar Meeting has you covered. The Annual Meeting will be held from October 8 through 11 in Anaheim. Registration is currently open for the entire event. Information on how to register and reserve your hotel can be found at the State Bar’s Annual Meeting page. Register now to save $100 off the regular price.
The Family Law Section is pleased to sponsor five programs at the upcoming meeting. See below for a description of each program. We encourage readers to review the course listing for more information on these and other great programs offered throughout the weekend.
- Friday, October 9, 8:30 a.m. - 10 a.m.: Leslie Allen Shear presents “The Post-Evidentiary, Pre-Appeal Phase of a Family Law Case”
- Friday, October 9, 1:30 p.m. - 3 p.m.: Garrett C Dailey and the Honorable Mark Juhas present “Recent Developments in Family Law”
- Saturday, October 10, 2 p.m. - 3:30 p.m.: Deborah Wald and Diane Goodman present “When Three is Not a Crowd: Multi-Parent Families”
- Saturday, October 10, 4 p.m. - 5:30 p.m: the Honorable Thomas Trent Lewis presents “Domestic Violence in the New Era”
- Sunday, October 11, 8 a.m. - 9:30 a.m.: the Honorable Marjorie Slabach (ret.) and Sherrol L. Cassedy present “Dealing with Children Who Resist Contact with a Parent”
Marvin Litigation in California: Non-Marital Partners' Causes of Action and the Intersection with Family Law
Thursday, November 5, 2015, 12 noon - 1 p.m. Pacific Time
This program offers 1 hour participatory MCLE credit and 1 hour legal specialization credit in Family Law. You must register in advance in order to participate.
This program will provide an overview of California litigation arising under the Supreme Court's decision in Marvin v. Marvin (1976) 18 Cal.3d 660, also commonly known as "palimony" litigation, with emphasis on what family law attorneys should know about these types of cases.
The following topics will be covered:
- Overview of California Supreme Court's Marcin decision and related cases, with discussion of how these issues can arise in actions for dissolution of marriage or registered domestic partnership.
- How to identify Marvin issues in family law divorce consultations, and how to advise clients about their potential rights and obligations in this area of law often overlooked by divorce attorneys.
- Statute of limitations and how to preserve it.
- Procedures for commencing a Marvin action and discussion of causes of action which are frequently asserted with the breach of contract claims.
- Possible consolidation with pending family law actions for dissolution; pretrial v. full consolidation.
- Discussion of applicable law and how to identify relevant evidence which may support or defeat such claims, and formation of a discovery plan in these types of cases.
Speaker: Paul W. Thorndal is a family law attorney and mediator who has practiced law in the San Francisco Bay Area since 1995. Paul is a partner in the Oakland family law firm of List, Jacobson-Kwok Thorndal, LLP, and he is certified as a Family Law Specialist by The State Bar of California Board of Legal Specialization. With experience in both civil litigation and family law, Paul regularly handles litigated and mediated cases arising under Marvin, both as stand-alone civil actions for couples who never married and hybrid divorce/civil actions involving years of cohabitation prior to marriage.
The Family Law Section Is Co-Sponsoring CEB's Family Law Conference, October 29-30, Paso Robles
Thursday-Friday, October 29-30
Allegretto Vineyard Resort
2700 Buena Vista Drive
9 hours MCLE Credit and legal specialization in Family Law
Attend the CEB family law conference to learn about emerging issues in parentage, custody, and child support cases and get a refresher on the year’s most important family law cases from certified specialists and a retired judge on the forefront of these issues. Gain the knowledge you need to expand your practice or just better serve your clients' needs in our rapidly changing world.
- Custody and Support Issues for Highly Mobile and International Families
- Representing the Custody and Visitation Interests of Non-Parents and Additional Parents
- Special Needs and Adult Disabled Children
- Year in Review in Family Law Practice
This program assumes some experience in handling family law matters. For full information, including registration, see Family Law Conference.
Are you a Section member who wants to be reminded of all the benefits? Do you have a colleague on the fence about joining the Section? Being a Family Law Section member offers a number of great benefits.
- Receipt of the quarterly Family Law Newsletter with articles by leading attorneys and experts throughout California;
- Timely and cost effective family law substantive education provided by state-wide experts;
- Receipt of timely family law notifications through E-Blasts and E-News;
- Free online downloads that you your ethics, elimination of bias, and substance abuse credits at your convenience;
- Participation in your local regional standing committee commenting on and developing pending family law legislation;
- CEB discounts: $95.00 discount on either CEB’s Gold CLE Passport or on any single full priced MCLE ticket, as well as 10% discount on selected printed and online materials;
- Attorney’s Briefcase® discounts: Week in Brief at no charge, as well as unlimited free access to BriefCase OnCall™;, and 20% discount on the initial purchase price of Attorney’s BriefCase® software, regularly $1,200.00; and,
- The Rutter Group (TRG) and California Family Law Report (CFLR) discounts: $75.00 discounts on all Rutter and CLFR seminars, as well as a 30% discount on all Rutter and CFLR products and publications valid for 30 days after attendance at a TRG/CFLR seminar.
Know Your Legal Rights – Podcasts Now Available
The Family Law Section is a sponsor of the radio program “Know Your Legal Rights” hosted in the Bay Area by San Mateo Deputy District Attorney Chuck Finney. Mr. Finney welcomes attorneys and other professionals to talk about hot legal topics on a weekly basis. He routinely hosts members of FlexCom and other family law attorneys to educate the public on burgeoning issues important to our practice. FlexCom thanks Mr. Finney for providing our Section with this forum over the years.
If you are interested in listening to prior broadcasts focused on family law issues, the State Bar website now has a list that dates all the way back to when the Section first started sponsoring the program. Visit the Family Law Section page for additional details. For an entire list of podcasts hosted by Mr. Finney, please see HERE.
6 Hours of Self-Study CLE in Legal Ethics, Elimination of Bias and Competency Issues -- Complimentary for Members of the Family Law Section!
As a 2015 benefit of Section membership, we are pleased to offer four hours of self-study MCLE credit in the field of Legal Ethics, 1 hour in Elimination of Bias in the Legal Profession, and 1 hour in Competency Issues.
If you were purchasing these courses individually in our Online Catalog, they would cost more than $150 -- so that's your Section membership more than paid for, and then some!
Just watch these programs, and keep a record of having done so in the event you're audited for MCLE compliance.
You can access these programs and the accompanying written materials any time this year in the Members Only Area.
The programs are:
Understanding the Role of the Interpreter – One More Way to Eliminate Bias in the Courtroom (Elimination of Bias in the Legal Profession)
- Staying Healthy and Mentally Competent Throughout a Long Legal Career (Competency Issues)
- Advertising Your Expertise and Experience: What Can You Do to Build Your Practice While Meeting Your Ethical Obligations? (Legal Ethics)
- Conflicts of Interest and Disqualification Arising from Prior Client Representation: What are the Rules? (Legal Ethics)
- Ethics Update 2014: Significant Development in the Law of Lawyering (Legal Ethics)
- Lawyering on the Outside: Electronic Communications & Social Networking vs. Ethics & Professional Responsibility (Legal Ethics)
Save money with CEB
Continuing Education of the Bar, California (CEB) is extending some special discount offers to our section. As a member of the Family Law Section, you're eligible for:
- 10% off selected CEB print or online books
- A rebate on your section dues that can be applied to the cost of a CEB Gold CLE Passport or a CLE program ticket
A complete list of the products eligible for a discount is available on a CEB web page accessible through our Members Only Area. Information about the section dues rebate program can be found on the CEB Web site.
Consumer Education Pamphlets Available for Purchase
The State Bar of California's "Get the Legal Facts of Life" Pamphlets are available for purchase from the State Bar. These pamphlets are both educational and informative for your clients.
For more information, see Consumer Education Pamphlets or call the Education Pamphlet Hotline: 888-875-LAWS (888-875-5297).
Online and Self-Study CLE from the Family Law Section
View Family Law Section programs over the internet for participatory MCLE credit . Choose from hundreds of hours of official State Bar of California MCLE programs. For more information, see streaming audio and video, and select Family Law Be sure to check out CLEtoGo , downloadable podcasts you can listen to on the BART, or on the drive in or from the office.
Making the Connection: The Family Law Section is on Social Media
Who said family law lawyers weren’t social? A reminder, our Family Law Section is on Facebook and Twitter - join us! The Section sees social media as another way to connect our members with information as it develops. Stay in touch with us to learn about the great work being done by Section members across the state. You can Like us on Facebook and Follow us on Twitter at the links below.
Family Law Section
The State Bar of California
180 Howard Street
San Francisco, CA 94105-1639