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Liberal vs. Conservative judges and restraining orders

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What is the name of your state (only U.S. law)? CA

If you were to challenge CA domestic restraining orders for violations of Due Process (e.g standard of proof, lack of safeguards, compelling interest, vague, over broad, etc,) would you think a liberal judge or conservative judge would most likely strike down the law?

I mean if you were to challenge its constitutionality, which do you think would most likely strike it down, liberal or conservative judge?
 


CdwJava

Senior Member
You would certainly NOT be the first person to try and attack harassment and protective orders. This is tried and true stuff, but if you feel you have a new twist, and you have the time and the financial resources to try and get it before a state or federal judge, knock yourself out.
 
I only one of one case where it attacked the constitutionality and that was NJ. Although in Conn, they did strike down the provision that an accused has a right to be present. Prior to it, a person could get one without the accused being present.
There are other major problems as well.
 
Not me. I know of some serious abuses of DVRO. I am asking if I were to challenge it in federal court, like forum shop, what forum would I want? A conservative or liberal?
 

atomizer

Senior Member
To answer your basic question without examining your motivation, I would say you stand a better chance with a Liberal. Liberals in general base their decision on circumstances, feelings and perhaps even your background. They see some of our laws as a impediment and something that falls short of its intended purpose. So if you can cry loud enough and claim that society has wronged you, you might have a chance. ;)
 

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