Williams v. State
Court of Appeals of Alaska
151 P.3d 460 (Alaska App. 2006)
Thomas Williams (defendant) was charged with fourth-degree assault after choking his wife during an argument and was released on bail. More than two years later he still had not been tried, and a state-law condition of release barred him from the home he shared with his wife and daughter. His wife supported his return, believing him no ongoing threat, and the prosecution did not oppose earlier limited requests, but when Williams sought to return for Christmas and challenged the statute's constitutionality, the trial court denied relief even though the prosecution presented no evidence on the constitutional claim. Williams appealed.
Whether a statute that bars all persons charged with domestic-violence crimes, including those who pose no risk of ongoing violence, from returning to a victim's residence violates the Due Process Clause.