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Abstract: 

Our regular review of important court decisions analyzes a California appellate ruling that held that the state’s statutory right (Marcy’s Law) that allows victims to refuse to submit to a deposition in a criminal case does not extend to civil actions, this allowing an abuse husband to depose his wife in a contested civil suit; an 11th Circuit ruling, Powell v. Snook, that use of force was justified in a shooting death where 911 gave responding officer the wrong address; a Texas Court of Appeals decision that affirmed a trial court’s disproportionate property division in favor of an abused wife where the husband had been found guilty of cruel treatment; a Nevada Court of Appeals case (Rubidoux v. Rubidoux) in which a presumption against custody was sufficiently rebutted by evidence of good conduct on the part of a father seeking joint custody; and another Nevada “presumption against custody” ruling, Garver v. Garver, in which an abusive spouse failed to rebut evidence of dangerousness.

Keywords: Stalking; civil restraining order; qualified immunity; presumption against custody

Affiliations:  1: Contributing Editor; 2: Associate Editor; 3: Associate Editor.