Course Section Professor Domestic Violence Law Seminar LAW 837E LS1 Tamara B. Abrams Term Spring 2014 Meetings Tuesdays 1:10 2:50 p.m. Professor s Contact Information Office Phone 415-786-3857 Other Phone Office Location Email Address Office Hours tamaraabrams@comcast.net Tuesdays, 3:00-4:00 p.m. by appointment General Course Information Required Texts & Materials Web-enhanced elements Pre-requisites, Corequisites, & other restrictions Domestic Violence: Legal and Social Reality by D. Kelly Weisberg (Aspen Publishers, 2012). Supplementary materials will be distributed from time to time. ne 1 of 5
This course will introduce students to the issue of domestic violence and how it is addressed in civil, criminal, federal, and international law. Students will become proficient in analyzing the legal system s response to domestic violence through case analysis, statutory interpretation, and policy debate. Students will develop an analytic framework from which they will be able to: Course Objectives Identify the dynamics of domestic violence and its effects on family members; Understand and recognize the steps that a domestic violence case takes as it progresses through the criminal and civil justice system; Understand the legal issues involved in pursuing and enforcing a civil order of protection (including the applicable legal definitions of abuse, burdens of proof, available relief, types of restraining orders, mutual orders, vacating/modifying/and renewing restraining orders, and violations of civil restraining orders); Identify and evaluate the benefits and shortcomings of the various legal remedies that are available to victims of intimate partner violence and the state; Understand how intimate partner violence intersects with child well-being in criminal, family and juvenile court settings; Understand the nature of screening for domestic violence and safety planning in order to improve client counseling; and Develop skills in the effective representation of victims of intimate partner violence (including cultural sensitivity; sensitivity to issues of race, age, sexual orientation, gender identity and gender; maintaining confidentiality; and identifying and framing legal options). satisfy the Upper Division Writing Requirement? satisfy the Experiential Learning Requirement? Is this course a California Bar Exam Subject? satisfy any Specialization requirements? 2 of 5
Course Policies Attendance, Preparedness, and Class Participation Computer and Internet Policy Accommodations Grading Method Midterm Exam Final Exam Papers Presentations Other Assignments Other information about this Course This course requires regular attendance and preparation. Any student who misses more than two class meetings will have his or her final grade reduced by one step/grade level (e.g., from A- to B+ ). Any student who is unprepared more than two times will have his or her final grade reduced by one step/grade level. If a student fails to meet the standards for both preparedness and attendance, the student s grade can be reduced by two steps/grade levels (e.g., from a B- to a C ). Laptops are allowed during class for the purpose of taking notes. Use of the internet that is not related to classroom work is distracting and interferes with class discussion. Internet use and computer games are not permitted during class. Golden Gate University School of Law seeks to provide reasonable and necessary accommodations to students with disabilities. Please meet with the Disability Service Coordinator in Room 3339 or email lawds@ggu.edu for information on how to receive accommodations. All communications with the Disability Service office are confidential. This course is graded based on a final paper, class participation as indicated, attendance at one court hearing and the submission of two reflection essays as discussed below. Students are required to submit two short reflection essays throughout the term. Each essay must be at least one page and preferably no more than three pages. The first reflection essay is due on the first day of class. The second reflection essay is due no later than the last class meeting date. Reflection essays will be kept confidential. In the first essay, please tell me: (1) why you are taking this class; (2) what you hope to learn this semester; and (3) any topics you want to be sure we cover. In the second essay, please describe the court hearing you attended. In addition to any other issues you may wish to address, comment on the following issues: (1) how many cases were on calendar; (2) who was in the courtroom (parties or defendant and witnesses, attorneys, interpreters, court reporter, bailiff, probation officer or professionals from other agencies); (3) interaction between the judicial officer and other court personnel and the parties/attorneys; (4) any interaction between the parties or defendant/witness; (5) demeanor of attorneys and (6) the extent to which the parties or defendant/witness appeared to understand the proceedings. Students are required to attend one criminal, family, or dependency court hearing in which domestic violence is an issue. More information will be provided on the first day of class. 3 of 5
Assignments & Academic Calendar [Topics, Reading Assignments, Due Dates] January 14 January 21 January 28 February 4 February 11 February 18 NO CLASS February 25 March 4 March 11 March 18 March 25 Introduction and Overview; Social and Historical Perspectives [Reading: pp. 3-19, 29-59]. Submit first reflection essay. Dynamics and Spectrum of Intimate Partner Abuse; Co-Occurring Factors [Reading: pp. 71-89; 92 105; 110 130; 148 161; 179-182] Law Enforcement and Prosecutorial Response [Reading pp. 213-254]. History of law enforcement response; mandatory arrest; prosecutorial no drop policies. Law Enforcement and Prosecutorial Response (contd.) [Reading pp. 271-283; 346-386] [Guest Presenter: Ms. Rolanda Pierre Dixon (Asst. District Attorney, Retired, Santa Clara County)] Criminal sanctions; prior act testimony; confrontation clause; forfeiture by wrongdoing; victim recantation. Criminal Justice Responses - Defenses [Guest presenter: Mr. Jay A. Peterson, Attorney at Law] [Reading pp. 295-325; In re Walker, 147 Cal. App. 4th 533 (2007); additional reading to be assigned] class (this is a makeup day for Monday classes due to President s Day) Criminal Justice Responses (cont.) and Federal Response; VAWA [Reading: Human Rights and International Tribunals pp. 258-270 (Castle Rock); 387-391 (omit Larsen). Firearm Regulation; assessing dangerousness; high risk teams; domestic violence courts: California Rules of Court, rule 4.700; California Rules of Court, rule 5.451 (draft); pp. 59 65; 400 418; 762 776] Civil and Criminal Restraining Orders [Reading pp. 182 197; 421-467] Scope of protection; eligibility; conduct sufficient for court to issue order; duration; jurisdiction; termination; standard of proof. Civil Restraining Orders contd. [Reading pp. 467-468 (omit Robertson on p. 468); 474-497; 526-530.] Order of enforcement; amending, vacating, court response, mutual orders, firearms prohibitions, enforcement, effectiveness, interstate issues, torts. Class (Spring Recess) Children in homes where IPV occurs Reading pp. 672 692 (and CA juvenile dependency cases to be distributed) Guest presenter (invited): Ms. Carol Barnett, Attorney, East Bay Children s Law Offices 4 of 5
April 1 April 8 Family law: custody and visitation; standards to award custody; rebuttable presumption; Family Court Services; supervised visitation [Reading for two weeks: pp. 597-636; 642 656; 744-762; Family Code section 3044; California Rules of Court, rule 5.215] Family law (contd.) April 15 NO CLASS Passover makeup day is April 25 April 22 April 25 (Friday) April 29 Immigration and Domestic Violence [Reading pp. 555-566 and supplemental reading to be distributed]. Guest Presenter (invited): Hon. Polly Webber, Immigration Judge (Personal Capacity). Public Benefits; Housing; Employment [Reading: 693-699; 701 714; supplemental reading to be distributed] Guest presenter (invited): Ms. Protima Pandey, Staff Attorney, Bay Area Legal Aid Wrap up; Effective representation [Reading; pp. 731-744 Standards of practice, ethics, effective representation, integrating psychological and legal perspectives in practice, safety planning] These descriptions, readings, and timelines are subject to change at the discretion of the Professor. 5 of 5