All too often, clients who are faced with seeking, or defending against, a petition for domestic violence injunction begin thinking about every single fact, issue, or detail of their lives and the lives of the opposing party. Suddenly, parties want to dig up every piece of “dirt” they know about the other person, and they […]
Tag: Domestic Violence
Parise v. Selph
Parise v Selph In Parise v. Selph, an Injunction for Protection Against Repeat Violence was reversed and remanded because the Respondent was denied his due process right to present his case.
Floyd v. Gray
In Floyd vs. Gray, the appellate court was called upon to consider whether or not a relationship between two teenagers was the equivalent of “dating” as defined under the dating violence injunction statute. The court concluded that it was, even though the middle school “couple” only considered themselves to be boyfriend and girlfriend but did […]
Spaulding v. Shane
In the attached domestic violence injunction cas, after more than ten years, the Respondent asked that the Injunction be dissolved. The trial judge denied the request, but the appellate court ruled that the request should have been granted because the trial court used the wrong standard. The Respondent is serving a long prison sentence with […]
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. […]
Bush v. Henney
Bush v Henney In Bush vs. Henry, an Injunction for Protection Against Domestic Violence should have been dismissed upon the motion of the Respondent filed 14 years after the injunction was originally granted. The events which gave rise to this injunction arose during an exchange of the parties’ minor child, who is now 20. The […]
Brewer v. Chastain
In the attached case we are reminded once again that “repeat violence” has a specific statutory meaning, and that Petitions that do not properly allege repeat violence as the statute defines it will not be granted. Read More: Brewer-v-Chastain
The Five Musts For Dealing With Domestic Violence In Your Divorce
October is National Domestic Violence Awareness Month. Unfortunately, when guys going through divorce say they are the victims of domestic violence, they are often met with blank stares, suspicion and disbelief. Oft-quoted statistics would suggest this month is devoted primarily, if not entirely, to drawing attention to violence against women. For example, according to theNational […]