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State ex rel. Williams v. Marsh

Supreme Court of Missouri

626 S.W.2d 223 (1982)

Relevant factsFree

After her estranged husband Edward (defendant) entered her home and physically beat her, Denise Williams (plaintiff) petitioned for an ex parte protective order under Missouri's Adult Abuse Act; the trial court found Edward's conduct constituted abuse but held the Act unconstitutional for violating Edward's due process rights by excluding him from his home and denying child contact for 15 days without prior notice or a hearing, dismissing the petition. Denise appealed and separately sought mandamus to compel issuance of the protective order and custody relief, with both actions consolidated for Missouri Supreme Court review.

IssueFree

Whether an ex parte temporary protective order violates an individual's constitutional right to due process if the state law authorizing the order is necessary to further important governmental interests.

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