Articles Tagged with domestic violence protective order

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Suppose you have filed a complaint requesting a domestic violence protective order against your partner, and before the return hearing required by law you decide that you want to dismiss the complaint. Victims of domestic violence sometimes dismiss claims out of fear of further harm or retaliation. Or they dismiss for other reasons: they decide to reconcile; they find themselves in an adverse financial position; they reconcile for the children; or they lack sufficient evidence to prosecute the claim. What type of dismissal should you enter if you are the victim and find you need to file the dismissal before the hearing? Continue reading →

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The doctrine of collateral estoppel prevents courts from entering findings of facts or conclusions of law contrary to previous litigation. The issues must be the same. The issue must be raised and litigated. The issues must be material and relevant to the disposition of the prior action, and determination of the issues must be necessary and essential to the resulting judgment. Read on to see what happens when the trial court enters an order contrary to the previous findings of facts and the conclusions of law. Continue reading →