Title: What Does the Fox Say: Domestic Violence, Personal Jurisdiction, and the State's Sovereignty in Declaring the Protected Status of its Citizens
Abstract: This Article delves into the liberty interests that are exposed by traditional Orders for Protection (OFP), and explains which of these interests could potentially still be infringed without personal jurisdiction. This analysis is important in understanding exactly what kind of relief could be granted in an OFP without personal jurisdiction while still comporting with due process. The article also proposes two separate solutions for entering OFPs without personal jurisdiction based on the on the analysis of the first set of considerations. These two solutions are meant to take into consideration the interests of both victims and alleged abusers, while also crafting legislation that recognizes the need to resolve this type of issue now that state courts of last resort have officially split on whether OFPs can fall within the status exception to personal jurisdiction.
Publication Year: 2018
Publication Date: 2018-01-01
Language: en
Type: article
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