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domestic violence

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357

State v. Schultz

Defendant was charged with assault stemming from a domestic violence incident. At his arraignment, the court entered a no-contact order, forbidding defendant to have any contact with his victim for a period of one year. Defendant was found guilty of the assault. He resumed cohabitation with the victim, although both were aware that the no-contact order remained in effect. Two months later, the police department received a hang-up 911 call from the apartment shared by defendant and the victim. The state charged defendant with violation of domestic violence no-contact order (pre-conviction).

Staying Alive

The report titled Staying Alive, produced by the Lawyers Collective Women’s Rights Initiative, was the first national monitoring and evaluation study of the Protection of Women from Domestic Violence Act, 2005 in India. Covering the initial year of implementation, it assessed how states appointed Protection Officers, notified Service Providers, established medical facilities and shelter homes, and how courts responded to petitions under the Act.

Supreme Court Decision 2005Meu1689

The Plaintiff sought a divorce from the Defendant. Upon requesting approval of the divorce from the Defendant, the Plaintiff was slapped by the Defendant. Additionally, the Defendant physically confronted the Plaintiff on a separate occasion, resulting in fractures of the Plaintiff’s face and neck. Despite such physical abuse, the lower court found that the relationship between the Plaintiff and the Defendant did not reach a degree in which it was impossible to restore. On appeal, the Supreme Court reversed, finding that the use of violence in a conjugal relationship cannot be justified.

Wang v. Luo

The plaintiff alleged that she married the respondent in 2012 and had a son in the same year. However, the respondent is a male chauvinist and has a very bad temper. He often maltreated the plaintiff. Especially during the plaintiff’s pregnancy, the respondent urged the plaintiff to have an abortion. The abortion was not carried out only because they had no money at that time. Therefore, the plaintiff sought a divorce and to submit an Agreement of divorce to the court.

Washington v. Hodgins

Hodgins had repeated misdemeanor convictions for domestic violence when the state of Washington brought charges against him for violating an order of protection on seven different occasions. Hodgins pled guilty to two of the seven counts of domestic violence, but the court did not include his prior misdemeanor convictions in its calculation of his offender status for purposes of sentencing.

Williams v. Williams

Here, Mrs. Williams sought an order of protection against her husband, the respondent, who beat her numerous times. On one occasion, the respondent caused her serious bodily harm and Mrs. Williams was hospitalized for twelve days. Upon her petition for an order of protection from the court, the court held that although Mrs.

Yankoskie v. Lenker

Plaintiff sought a protective order from her ex-boyfriend. The two had lived together but the plaintiff subsequently moved out to her own apartment with their three children. Plaintiff filed a petition for a protection order after her ex-boyfriend entered her apartment with her permission, became so drunk that he attempted to assault her, broke their infant son’s leg, and shoved his other son’s face against a door. The Court of Common Pleas denied plaintiff’s petition.

Yemshaw v. Hounslow LBC

The appellant (Y) appealed against a decision that the respondent local authority had been entitled to find that she was not homeless. Y had applied to the local authority for housing assistance, claiming that although her husband had not physically assaulted her or threatened to assault her she was scared that he would, and had left him. Under the Housing Act 1996 s.177(1) a local authority was obliged to rehouse a person where it was not reasonable for that person to continue to occupy accommodation if it would lead to domestic violence.

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