Authors

David H. Taylor

Document Type

Article

Media Type

Text

Abstract

This article explores how state domestic violence statutory schemes that grant temporary ex parte orders have inadvertently lead to the abuse of orders of protection. Part I introduces how domestic violence statutes came to be, and describes how the typical statutory scheme works when it comes to granting ex parte orders. Part II examines the problems that occur when ex parte relief is easily obtained. Part III looks at the factors that contribute to the ability to misuse orders of protection. Part IV discusses due process and ex parte orders of protection. Part V is a survey of the state statutory schemes. Specifically, it analyzes participation by judicial officers, prompt post-deprivation hearings, verified petitions or affidavits, and the showing of irreparable harm. Part VI looks at form pleadings as a contributing factor. Finally, Part VII asserts that conscientious judges are the ultimate assurance of due process.

Publication Date

1-1-2008

Department

College of Law

Language

eng

Share

COinS
 
 

To view the content in your browser, please download Adobe Reader or, alternately,
you may Download the file to your hard drive.

NOTE: The latest versions of Adobe Reader do not support viewing PDF files within Firefox on Mac OS and if you are using a modern (Intel) Mac, there is no official plugin for viewing PDF files within the browser window.