Too often the lawyers and the court are so absorbed in adjudicating the merits of a restraining order request under the DVPA that little attention is paid to the custody-visitation orders that have profound and immediate effects on children. Lawyers, bench officers, therapists, mediators, evaluators, experts, visitation monitors, and others will learn skills, strategies and tactics for developing child custody orders that meet each particular child’s needs at each stage of the process.
The 2121 amended DVPA gives a new basis for restraining orders – “disturbing the peace of the other party refers to conduct that, based on the totality of the circumstances, destroys the mental or emotional calm of the other party. “ The amendment specifically includes and describes coercive control. How do these changes affect custody determinations in DVPA cases and how can the professionals best protect children’s safety and relationships?
Learning Objectives:
- Participants will have a practical understanding of the application of what constitutes disturbing the peace under the 2021 amendments to the DVPA and their impact on children.
- Participants will be able to give examples of how to present evidence and information and proposed custody orders at each stage of DVPA custody determinations.
- Participants will be familiar with the Judicial Council Uniform Standards of Practice for Providers of Supervised Visitation and how to draft detailed supervised visitation orders that address the specific risks to the child in the case.