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675

Bergaust v. Flaherty, 57 Va. App. 423 (2011)

In Bergaust v. Flaherty, the plaintiff (a mother), brought a petition for child support against the putative father. The two met during a trip to France and had a long-distance relationship for 18 months. After returning to Virginia from another visit to the defendant in France, the plaintiff learned she was pregnant. Because the defendant was her only sexual partner during the relevant time period, she informed the defendant that the child was his. The defendant said he would help in any way he could and called twice a week during the pregnancy.

Campbell v. Martin, 2002 ME 112

In Campbell v. Martin, 2002 ME 112, plaintiff had obtained a protective order against the defendant in Kentucky because she feared that the defendant would abuse her and their daughter. Subsequently, the defendant threatened to kill the plaintiff, and the plaintiff fled to Maine with her daughter, where she filed for a protective order. The district court granted a temporary protective order. Subsequently, the plaintiff filed for custody of their daughter. The district court found that it could not grant the plaintiff custody as Maine was not the daughter’s home state.

Caplan v. Donovan, 450 Mass. 463 (2008)

The plaintiff was a resident of Massachusetts seeking an abuse prevention order against her nonresident partner. The plaintiff and her partner (the defendant) met in Massachusetts and moved to Florida, where they had a child. The plaintiff took the child to Massachusetts on occasion but the defendant never returned. The plaintiff alleged that the defendant physically abused her and she fled to Massachusetts with her son. She alleged that prior to her escape, the defendant accused her of cheating, called her a whore, and threatened to kill her and the child. He block

D. v. Ireland

The European Court of Human Rights found inadmissible a complaint regarding the unavailability of abortion services for fatal fetal abnormality in Ireland and a question of the compatibility of the constitutional restriction on the availability of abortion in Ireland with Article 8 of the ECHR because the applicant had failed to exhaust domestic remedies.

Halagueña, et al. v. Philippine Airlines Incorporated, G.R. No. 172013 (2009)

In 2003, several female flight attendants (collectively the petitioners) employed by Philippine Airlines (the respondent), alleged that a provision in their collective bargaining agreement was discriminatory because it required women to retire at 55 years of age, while men could work until 60 years of age. Philippine Airlines Inc. claimed that because the case involved a labor dispute, the court to which the case was assigned, the Regional Trial Court of Makati City, lacked subject matter jurisdiction.

Hemenway v. Hemenway, 159 N.H. 680 (2010)

The plaintiff and the defendant were married and had four children. They all lived in Florida until the plaintiff left with their children and moved to New Hampshire. The parties subsequently divorced. Upon her arrival in New Hampshire, the plaintiff applied for a temporary restraining order against the defendant in Massachusetts, because he criminally threatened her and their children and he threatened her at her parents’ house in Massachusetts.

Kite v. Kite, 22 S.W.3d 803 (Tenn. 1997)

A woman filed for an ex parte protection order against her estranged husband alleging that he vandalized her home and vehicle, called her employer and tried to get her fired, assaulted her repeatedly and was arrested for domestic violence, and regularly called and harassed her. On these grounds, she requested the immediate ex parte order of protection from the trial court. The trial court issued the order and set a hearing date that did not fall within the required ten days of service of the order per

Louisiana Revised Statutes § 46:2181 et seq. Protection for Victims of Sexual Assault Act

Louisiana’s Protection for Victims of Sexual Assault Act sets forth a streamlined civil process designed to assist survivors of sexual assault in obtaining immediate legal protection, regardless of whether the perpetrator is a stranger or an acquaintance. In recognizing that sexual assault is both a significant public health issue and a serious violation of personal safety, this Act allows eligible victims to seek temporary restraining orders through an expedited process based on evidence of sexual assault.

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