Domestic Torts in Indiana
Review Civil Litigation Procedures and Know Best Practices
Marital and domestic torts are relatively new claims that combine family/divorce law and civil litigation procedures. When a client approaches you seeking representation for a divorce and marital tort, can you take the case with confidence? Are you able to decipher whether or not your client has a realistic claim? And when should the tort be filed in a separate suit or joined with the divorce? Review causes of action, defenses, third-party liabilities, and special considerations for children and custody issues. Make sure you know the ins and outs of marital torts and ensure your clients get paid. Register today!
- Review the most recent case laws that have set a precedent for going forward.
- Know how to glean meaningful information from clients during the client intake interview.
- Understand the true and legal definition of “intentional” in the civil procedure realm.
- Know how social media and e-mail communications have complicated the privacy rights between spouses before, during and after divorce.
- Know state specific statutes that identify when a claim should be joined with the divorce versus filed solo.
- Calculate damages that are reasonable to the court and client.
- Understand and prepare for the barriers that arise when seeking testimony from children in abuse cases.
- Avoid ethical dilemmas, such as frivolous lawsuits, when representing clients.
- Recent Developments and Case Law Update
9:00 - 9:45, Bryan Lee Ciyou and Lori B. Schmeltzer
- Common Marital Torts and Impact on Divorce Proceedings
9:45 - 10:45, Gloria K. Mitchell
- Fraudulent Misrepresentation
- Intentional Infliction of Emotional Distress
- Battery including sexually transmitted disease
- Communication Interception
- Slander and Libel
- Fraud and Hidden Assets
- Identifying the Defendant(s) – Spouse or Third-Party
- Client Intake and Pre-Litigation Tactics
11:00 - 12:00, Bryan Lee Ciyou and Lori B. Schmeltzer
- Client Intake Interview Questions and Documents to Obtain
- Advice to Client Who Hasn't Yet Told Spouse
- Initial Analysis and Investigation
- Declining Representation
- Case File Organization Tips
- Annulment: Grounds, Procedure, Consequences of an Annulment Decree
- Is an Expedited Procedure Available?
- Ethics in Family and Divorce Law
1:00 - 2:00, Gloria K. Mitchell
- Preventing Conflicts of Interest
- Avoiding Frivolous Cases
- Communication with Adverse Party
- When Your Client is Dishonest or Abusive
- Attorneys' Fees
- Filing the Tort Claim
2:15 - 3:15, Gloria K. Mitchell
- Statute of Limitations
- Res Judicata
- General Release of all Claims
- Joinder: Mandatory or Permissive?
- Jurisdiction Issues
- Child Custody, Child Support and Domestic Abuse
3:15 - 4:30, Bryan Lee Ciyou and Lori B. Schmeltzer
- Federal Violence Against Women Act of 2000
- Collecting and Preserving Evidence
- Allegations of Child Abuse in Custody Disputes
- Restraining and Protective Orders and Injunctive Relief
- Child Testimony in Child Abuse Cases
- Law Enforcement Involvement
- Child Sexual Abuse Evaluations
- Mutual Spousal Abuse Accusations
- Dealing With Therapy Privilege