domestic and intimate partner violence

Mrs. Cesare sought a restraining order against her husband under the Prevention of Domestic Violence Act following an argument about ending their marriage. During this argument Mr. Cesare allegedly threatened Mrs. Cesare that she would never get custody of their children, and that he would never sell the house and share the proceeds. Prior to this argument, Mr. Cesare had threatened he would kill her, or “get someone else to do it very cheaply” before she got custody of their children or shared assets. Mr. Cesare was on medication for depression and kept three loaded guns in the house.

On August 4, 2006 Ms. M. G. (the “Claimant”) filed an action with the District Court Prešov against her husband, Mr. F. G. (the “Defendant”) requesting that his right to use the common household be revoked. The court ruled to revoke the Defendant’s common right to use the household and found the Defendant guilty of the criminal offence of making a dangerous threat under Section 360 (1) of the Criminal Code and sentenced him to imprisonment for six months.

Defendant was arrested for violation of a protection order and moved to suppress the results of a search of his motor vehicle, which uncovered evidence of drug crimes. The Supreme Court of Wyoming affirmed the judgment and defendant’s conviction. A sergeant of the Police department became aware of an order of protection in favor of Candie Hinton and her daughter, protecting them from defendant and, among other things, prohibiting defendant from calling them on the phone.

Here, the plaintiff sought an emergency protective order as she feared that her ex-husband was going to kidnap their son and as the ex-husband had told her the only way to solve their problems was for the plaintiff to be dead.  Id. at *1.  Under 10 Del. C. § 1043(a), a party may request an emergency protective order where there is an immediate and present danger of domestic violence.

A protective order prohibiting domestic violence involving McGee and Wife was filed on July 1, 1999, under the Family Violence Protection Act (“FVPA”). The order prohibited McGee from writing to, talking to, visiting, or contacting Wife. On February 16, 2000, McGee made several phone calls to Wife from the Otero County Detention Center. Based on these facts, the trial court convicted McGee for four counts of violation of the protective order and gave McGee six consecutive sentences.