STATE EX REL. WILLIAMS V. MARSH
626 S.W.2d 223 (1982)
NATURE OF THE CASE: This was a writ of mandamus to compel the issuance of a protective
order.
FACTS: Denise Williams (P) filed a petition for an ex parte order of protection. The
trial court found that P and Edward Williams (D) were married and had one child from the
relationship and that the couple had been living separately and apart for five months prior
to the hearing. During this separation, D's home address was unknown, his place of
employment was known, and that D made about $1,000 per month but provided no support or
maintenance but for the exception of a small amount of clothing and that, D on numerous
occasions beat P causing her serious bodily injury. The trial court dismissed the petition
as it held the Adult Abuse Act unconstitutional and unenforceable; as no bill shall contain
more than one subject which shall be clearly expressed in the title and because this bill
contained provisions relating to child support and custody rather than exclusively relating
to adults, the trial court found it unconstitutional; and that is violates due process
guarantees as it deprived a party of constitutionally protected interests without an
adversary hearing.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
Get
free access to the entire content for Mac, PC or Online
for 2-3 days and free samples
of all kinds of products.
for 2-3 days and free samples of all kinds of products.
https://bsmsphd.com
© 2007-2016 Abn Study Partner
No comments:
Post a Comment