Phillips v. Phillips

The following case reversed the granting of an Injunction for Protection Against Domestic Violence because the pleading and testimony failed to allege that violence had occurred or that there was a reasonable fear that violence would occur. The wife had testified that no violence had in fact occurred in the four months preceding her petition. One can assume that she alleged past violence, but the opinion is silent on that issue. Here, the court acknowledges that there are unintended consequences of the granting of an injunction, so even though the injunction had already lapsed, reversal was warranted to avoid unintended consequences, presumably the effect on parental responsibility.

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