News & Analysis as of

Restraining Orders Due Process

Fox Rothschild LLP

Off-the-Record Comments & the Right to an Impartial Final Restraining Order Hearing

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What a judge says before, during or after a hearing “off-the-record” likely sheds light on the Court’s decision making process including, but not limited to, what evidence was considered and whether the proper, relevant legal...more

Littler

California Court Holds Defendants in Workplace Violence Restraining Order Petitions Have a Due Process Right to Cross-Examine...

Littler on

On October 17, 2022, in an issue of first impression at the appellate level, California’s Court of Appeals (First District) published an opinion clarifying that a defendant in a petition for restraining order under...more

Fox Rothschild LLP

Right to Counsel and Notice of Consequences of a Domestic Violence Finding is Required Before – Not After- the Finding

Fox Rothschild LLP on

Seems pretty obvious that if a court is going to explain the ramifications of the right to have counsel in a domestic violence matter and the ramifications of the entry of a finding of domestic violence and the entry of a...more

Fox Rothschild LLP

Contempt & Communications Initiated Prior to Entry and Service of Restraining Orders

Fox Rothschild LLP on

Typically, general prohibitory language within a Temporary Restraining Order (“TRO”) states that a Defendant is “prohibited from having any oral, written, personal, electronic, or other form of contact or communication with...more

Tucker Arensberg, P.C.

A Recent Case Highlights Equal Protections In The American Rescue Plan Act

Tucker Arensberg, P.C. on

A case from the United States Court of Appeals for the Sixth Circuit highlights that, even in times of crisis like the COVID-19 pandemic, prioritizing federal grant money based on race and gender will likely violate the equal...more

Fox Rothschild LLP

Remote Proceedings: Zooming Past Litigants’ Due Process Rights

Fox Rothschild LLP on

In January 2020, the Appellate Division considered an important question: how should a judge assess a party’s request to appear at a trial and present testimony by way of video transmission? The timing of this consideration...more

Snell & Wilmer

Kentucky Derby Winning Trainer Avoids Filing Temporary Restraining Order Challenging Due Process Violation

Snell & Wilmer on

Bob Baffert, the trainer of this year’s Kentucky Derby winner Medina Spirit, announced on May 9, 2021, that the Kentucky Horse Racing Commission informed him that Medina Spirit allegedly tested positive for 21 picograms of...more

Fox Rothschild LLP

Domestic Violence Defendants Require Opportunity To Prepare Defense Even When FRO Is Warranted For Another Predicate Act

Fox Rothschild LLP on

I have now blogged a few times about the importance for due process in domestic violence matters. The Appellate Division just gave us another unpublished case, B.L.F. v. T.G.C., to remind litigants and practitioners that the...more

Fox Rothschild LLP

Another Due Process Ruling For Domestic Violence Defendants

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A few months ago, I blogged about due process for defendants in domestic violence actions. We now have another unpublished decision on this topic but with a different due process violation. In the matter of S.C. v. Z.B.,...more

Fox Rothschild LLP

Due Process For Domestic Violence Defendants

Fox Rothschild LLP on

A new domestic violence decision, M.D.C. v. J.A.C., not only confirms that defendants in a domestic violence proceeding are entitled to due process, but also goes a step further by asking the Supreme Court’s Family Practice...more

Fox Rothschild LLP

Sua Sponte Reinstatement Of Dismissed Final Restraining Order Violates Due Process, Appellate Division Says

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Notice and opportunity to be heard is one of the most fundamental tenants of due process in this country. Every litigant, no matter how small the case, has the right to have his or her “day in court.” As we learn in the...more

Robinson+Cole RLUIPA Defense

RLUIPA Implications of Trump’s Immigration Executive Order

Earlier this month, the U.S. Court of Appeals for the Ninth Circuit upheld a district court’s issuance of a temporary restraining order prohibiting the enforcement of Executive Order 13769 – “Protecting The Nation From...more

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