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Archive for the ‘Domestic Violence’ Category

Burns v. Burns – Domestic Violence

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Interspousal tort immunity is no longer valid law in Mississippi. At common law there was no right of action either by husband or wife against the other for a personal tort and there was absolute equality in that respect. [...]

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July 17th, 2009

People v. Liberta – Domestic Violence – Marital Exemption

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A statutory marital exception for rape violates equal protection. Under the statute a male is guilty of rape in the first degree when he engages in sexual intercourse with a female by forcible compulsion. [...]

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July 16th, 2009

Felton v. Felton – Domestic Violence Protection Order

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A court may issue a domestic violence protection order even if the parties’ dissolution decree includes a no harassment provision. The no harassment provision contains only a general prohibition whereby each party shall not annoy, harass, or interfere with the other. [...]

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June 5th, 2009

Kuhn v. Kuhn – Violence Against Women Act

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In order to withstand a motion to dismiss for failure to state a claim, the claim must allege facts sufficiently setting forth the essential elements of the cause of action. Congress passed the Violence Against Women Act to establish a civil remedy in the form of a federal cause of action for victims of gender motivated violence. [...]

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June 5th, 2009

Cusseaux v. Pickett – Battered Woman’s Syndrome

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It is well established in New Jersey that an injured party may sustain a cause of action for serious personal and emotional injuries directly and causally related to the actions of another person. Battered woman’s syndrome is a recognized cause of civil action. [...]

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June 5th, 2009