Michael M. Molinaro v. Bertha A. Molinaro
FirstAmendment DueProcess
Is California's Domestic Violence Prevention Act's (DVPA's) severable residual clause defining 'abuse' (Family Code (F.C.) § 6203(a)(4)) unconstitutional as overbroad, void for vagueness and/or in violation of separation of powers?
QUESTION(S) PRESENTED _ 28 U.S.C § 2403(b) may apply. This petition is thus being served on , the Attorney General of the State of California pursuant to Supreme Court Rule 29.4(c) and California Rules of Court, Rule 829. 1. Is California’s Domestic Violence Prevention Act’s (DVPA’s) | severable residual clause defining “abuse” (Family Code (F.C.) § 6203(a)(4)) unconstitutional as overbroad, void for vagueness and/or in violation of separation of powers? 2. Do Molinaro v. Molinaro, 33 Cal. Apps 824 (2019), In Re Marriage of Nadkarni, 173 Cal.App.4th 1483 and cases holding that “disturbing the peace” means “destroying the mental or emotional calm” of a party form an unconstitutional California exception to First Amendment jurisprudence that violates Federal Supremacy and that conflicts with other . . appellate opinions? 3. Does the State of California have a public policy interest in preventing divorcing parents from discussing their divorce with their ; children sufficient to support a content-based restriction on free speech?