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Redefining Harm, Reimagining Remedies And Reclaiming Domestic Violence Law, Margaret E. Johnson
Redefining Harm, Reimagining Remedies And Reclaiming Domestic Violence Law, Margaret E. Johnson
All Faculty Scholarship
Civil domestic violence laws do not effectively address and redress the harms suffered by women subjected to domestic violence. The Civil Protective Order (“CPO”) laws should offer a remedy for all domestic abuse with an understanding that domestic violence subordinates women. These laws should not remedy only physical violence or criminal acts. All forms of abuse — psychological, emotional, economic, and physical — are interrelated. Not only do these abuses cause severe emotional distress, physical harm, isolation, sustained fear, intimidation, poverty, degradation, humiliation, and coerced loss of autonomy, but, as researchers have demonstrated, most domestic violence is the fundamental operation …
Nobody Expects The Spanish Inquisition: A Primer On The Use (And Abuse) Of Ex Parte Proceedings In Civil Cases, Robert Currie
Nobody Expects The Spanish Inquisition: A Primer On The Use (And Abuse) Of Ex Parte Proceedings In Civil Cases, Robert Currie
Articles, Book Chapters, & Popular Press
On any ex parte application, the utmost good faith must be observed. That requires full and frank disclosure of all material facts known to the applicant or counsel that could reasonably be expected to have a bearing on the outcome of the application. Because counsel for the applicant is asking the judge to invoke a procedure that runs counter to the fundamental principle of justice that all sides of a dispute should be heard, counsel is under a super-added duty to the court and other parties to ensure that as balanced a consideration of the issue is undertaken as is …