Saturday, January 25, 2014
Taking a line from Taylor Swift, Jessica Smith (Seton Hall), has posted her paper We are Never Ever Getting Back Together: Domestic Violence Victims, Defendants and Due Process, 35 Cardozo L.Rev. (2013).
This Article proposes an intermediate solution which requires neither ignoring nor absolutely prioritizing the interests of nonresident defendants while still offering some protection to victims. Specifically, it recommends that courts employ a status determination to enter a temporary, renewable civil protection order providing limited relief consistent with that available in other status exception cases. By respecting the rights of both victims and defendants, this solution offers the best opportunity to achieve greater clarity in the law and promote some protection for victims without trampling the rights of defendants.