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Course Details

Course Information
  • smart_display Format

    On-Demand

  • signal_cellular_alt Difficulty Level

  • work Practice Area

    Family Law

Date & Time
  • event Date

    Thursday, June 15, 2023

  • schedule Time

    1:00 p.m. ET./10:00 a.m. PT

  • timer Program Length

    90 minutes

Credit Information

  • This 90-minute webinar is eligible in most states for 1.5 CLE credits.

$197.00
CLE
ALL

This CLE webinar will discuss the strategies to use when domestic violence affects a divorce, property division, financial support, child custody, and--most critically-- the safety of both the client and the attorney. The panel will review why these types of cases cannot be approached like other cases and how to navigate these differences.

Faculty

Ret. John Sumner
Attorney
Atlanta Divorce Law Group

From 1987-2001, Mr. Sumner worked on cases that ranged from domestic law, child representation, Juvenile Court, personal injury, appeals and criminal defense. He also has experience in Guardian Ad Litem work which has influenced his passion for family law.

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Mark L. Scroggins
Managing Partner
Scroggins Law Group, PLLC

Mr. Scroggins has practiced family law throughout the state of Texas for 25 years. He has written about family law matters for Texas Lawyer and has spoken about litigation technology before numerous organizations and corporate clients. Most often, Mr. Scroggins is involved in contentious or high-stakes family law litigation where child custody or complex property issues are involved. 

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Rahna Cutting
Litigation Consultant
Scroggins Law Group, PLLC

Ms. Cutting has worked extensively with criminal and family court matters. Previously she was the mental health clinician in the Denton County DWI Repeat Offender Court as well as the Denton County Veterans Treatment Court Program. 

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Tommie DeGonzague
Legal Program Director
Cherokee Family Violence Center

Ms. DeGonzague has been employed at Cherokee Family Violence Center since 2005. Prior to her position at CFVC, she served as the Director of the Family Violence and Sexual Assault Program at the YWCA of Northwest Georgia. Ms. DeGonzague has over 16 years of experience providing advocacy for survivors and is regularly utilized as an expert witness in legal proceedings. She is passionate about providing assistance to all victims of family violence, and is an active member of the Cherokee County Domestic Violence Task Force and serves as the current Chair of the Cherokee County Domestic Violence Fatality Review Team. Ms. DeGonzague attended the State University of New York at Albany obtaining her Masters of Social Work degree.

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Description

When the victim of abuse files for divorce, a unique family and domestic violence divorce strategy must be deployed. Representing victims of domestic abuse requires understanding the impact of the abuse in all its various forms, including emotional, economic, and legal. Counsel must have an analytical framework for ascertaining true from false allegations and be prepared to deal with strenuous denials and counter-allegations from the alleged perpetrator.

Counsel must be prepared to seek appropriate orders from the court to protect the client's safety and must know what evidence will be sufficient to accomplish that. Certain state laws offer the victims of abuse powerful leverage. Because an abuser may defy authority, crafting enforceable orders can be challenging.

Domestic violence will influence every aspect of the case from determining how to distribute assets and liabilities to making a decision about spousal support. Courts often limit an abusive parent's custody rights, and in extreme cases, may terminate the abusive parent's right to visitation or award full custody to the other parent. Things get more complicated when a criminal domestic case is pending.

Listen as this experienced panel offers best strategies for attorneys representing victims of domestic abuse in divorce.

Outline

  1. Forms of domestic violence
  2. Understanding the mindset/belief system of the victim and abuser
  3. Safety issues
    1. Emergency and temporary orders
    2. Protocols for interaction between victim and abuser
    3. Attorney safety
    4. Applicable federal and state statutes
  4. Ancillary considerations
    1. Role of treatment programs and counseling for an abusive spouse
    2. Pendancy of criminal charges
  5. Strategies when representing domestic violence victims
    1. Divorce
    2. Property division
    3. Child custody
    4. Maintenance
  6. Strategies when representing the wrongly accused
  7. Protective orders

Benefits

The panel will discuss these and other crucial issues:

  • What nonobvious forms does abuse take against the spouse? And against the spouse's lawyer?
  • What tools exist to prevent the abused client from being manipulated by the abuser during the divorce?
  • When should counselors be part of the legal team?
  • What state laws may apply?
  • How does the pendency of criminal charges affect the case?
  • What tools are there to protect a wrongly accused individual?