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Monday, January 21, 2019
Family Violence Appellate Project-- CA DV Survivor and Out of State Abusers
October 30, 2017The appellate court granted publication request in the case of Hogue v. Hogue, making the decision binding legal precedent in trial courts statewide.
California victims of domestic cyber abuse will now be able to get restraining orders against out-of-state abusers. The new published appellate opinion is binding statewide legal precedent that can be cited in any CA trial court case where the abuse survivor wants to obtain a restraining order against someone who committed an act of domestic abuse from another state, (i.e. cyber harassment or electronic abuse) as long as the survivor was in California at the time of abuse.
The universal pervasiveness of social media has made it exponentially easier for ex partners to commit domestic abuse, cyber harassment, and other forms of online predatory behavior across state lines. This new ruling in effect extends the intention of California’s Domestic Violence Prevention Act to include modern electronic communications from out-of-state parties.