Cover and Introduction in PDF format

FOCUS: COURTS RESPONDING TO DOMESTIC VIOLENCE

Confronting the Issue of Gun Seizure in Domestic Violence Cases
Emily J. Sack

Professor Sack reviews federal firearms laws relating to domestic violence, discusses issues affecting their interpretation, and examines difficulties that have arisen in their enforcement. She then analyzes state laws designed to address firearms and domestic violence and discusses legal issues that have arisen in their implementation. She concludes with several recommendations to state judges, law enforcement officials, and prosecutors for effective policies and procedures gleaned from the lessons of jurisdictions in other states.

The Court's Role in Supporting and Protecting Children Exposed to Domestic Violence
Hon. Donna J. Hitchens & Patricia Van Horn

The authors summarize literature on the effects on children of witnessing domestic violence, the impact of violence on parenting behavior, and factors that have been found to influence children's safety with offending parents. They describe barriers to the application of the literature, recommend specific ways that courts can work together to serve children and families, and propose policies that protect children's interests.

Addressing the Co-occurrence of Domestic Violence and Substance Abuse: Lessons From Problem-Solving Courts
Lisa Lightman & Francine Byrne

Recognizing that crimes related to both substance abuse and domestic violence place an enormous burden on society, the authors explore the challenges and potential benefits involved in addressing the co-occurrence of substance abuse and domestic violence through the model of problem-solving courts. They include examples of best practices for developing similar programs in other courts.

From Behind Closed Doors: Shedding Light on Elder Abuse and Domestic Violence in Late Life
Mary Twomey, Mary Joy Quinn & Emily Dakin

California's burgeoning elderly population presents a signifi cant challenge to the courts to address the anticipated increase in elder abuse and domestic violence late in life. The authors provide background information on elder abuse, including its incidence and prevalence, theories about why it occurs, barriers to providing services specific to older victims, and issues for the courts to address, along with discussion of promising practices.

Parenting Arrangements After Domestic Violence: Safety as a Priority in Judging Children's Best Interest
Peter G. Jaffe, Claire V. Crooks & Hon. Frances Q.F. Wong

Acknowledging the growing role of the family court in domestic violence cases, particularly in determining parental contacts following allegations of domestic violence, the authors outline some of the controversies that arise in postseparation parenting plans where one parent has a history of perpetrating domestic violence against the other parent. They provide strategies for courts to limit the opportunities for children to be exposed to parental conflict and violence.

ISSUES FORUM: PARENTAGE ISSUES CHALLENGING CALIFORNIA'S JUDICIAL SYSTEM

What Is a Family? A Fred Friendly Seminar
Charles J. Ogletree, Moderator

A renowned panel of experts discusses parentage issues challenging California's courts in this edited and abridged transcript of a Fred Friendly Seminar presented at the December 2004 Beyond the Bench Conference, sponsored by the Administrative Office of the Courts, Center for Families, Children & the Courts.

A Brief Primer on Case Law Addressing Parentage Issues for Nonbiological Parents Before 2005
Frank H. Free

The author introduces and discusses the primary California cases that conferred full legal rights and responsibilities on nonbiological "presumed parents" before 2005.

Parentage by Intention for Same-Sex Partners
Diana Richmond

The author explores the different modes that the California courts have used in determining parentage and advances the premise that the court's existing test of determining parenthood in assisted reproductive technology cases - the parties' intention at conception - is the most preferable. She discusses the California Supreme Court's recent decisions in three same-sex parentage cases in an afterword.

Legitimate Parents: Construing California's Uniform Parentage Act to Protect Children Born Into Nontraditional Families
Jenny Wald

The author provides legal background and context for three recent California Supreme Court decisions involving same-sex parents, analyzes the Uniform Parentage Act (UPA) in the context of its protection of this state's children, and discusses additional bases under the UPA for establishing legal parentage.

PERSPECTIVES

An Open Letter to the California Judiciary: Administration of Justice in Domestic Violence Cases
Hon. Laurence D. Kay (Ret.)

Justice Kay, chair of a new Judicial Council task force focused on improving court practice and procedure in domestic violence cases, shares his personal observations on the essential ingredients needed to ensure the fair, efficient, and accessible administration of justice in this critical area. He highlights recommendations of concern to the courts from Keeping the Promise: Victim Safety and Batterer Accountability: Report to the California Attorney General From the Task Force on Local Criminal Justice Response to Domestic Violence (June 2005).

Engaging Men and Boys in Domestic Violence Prevention Strategies: An Invitation to the Courts
Hon. Ronald Adrine & Michael W. Runner

The authors focus on the prevention of domestic violence, particularly efforts to engage men and boys in prevention strategies. They outline the importance of prevention and how it contrasts with traditional intervention, describe early public awareness and prevention strategies, review research on men's attitudes toward domestic violence, and introduce some recent research-based initiatives to engage men and boys.