No. 19-6083

Michael M. Molinaro v. Bertha A. Molinaro

Lower Court: California
Docketed: 2019-10-01
Status: Denied
Type: IFP
Response WaivedIFP
Tags: civil-rights constitutional-vagueness content-based-restriction domestic-violence-prevention-act due-process family-law first-amendment free-speech overbroad separation-of-powers vagueness void-for-vagueness
Key Terms:
FirstAmendment DueProcess
Latest Conference: 2019-11-22
Question Presented (AI Summary)

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 Presented (OCR Extract)

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?

Docket Entries

2019-11-25
Petition DENIED.
2019-11-07
DISTRIBUTED for Conference of 11/22/2019.
2019-10-18
Waiver of right of respondent Bertha A. Motinaro to respond filed.
2017-09-17
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 31, 2019)

Attorneys

Bertha A. Motinaro
Lauren LongerettaLaw Office of Lauren Logeretta, Respondent
Lauren LongerettaLaw Office of Lauren Logeretta, Respondent
Michael M. Molinaro
Michael M. Molinaro — Petitioner
Michael M. Molinaro — Petitioner