No. 22-7504

Xingfei Luo v. Tomas Czodor

Lower Court: California
Docketed: 2023-05-10
Status: Denied
Type: IFP
IFP
Tags: content-based-restraint domestic-violence due-process evidence family-code first-amendment fourteenth-amendment prior-restraint restraining-order
Key Terms:
DueProcess FirstAmendment
Latest Conference: 2023-09-26
Question Presented (AI Summary)

Are a restrained party's due process rights under Fourteenth Amendment violated by a restraining order under Domestic Violence Prevention Act when no evidence of domestic relationship?

Question Presented (OCR Extract)

QUESTIONS PRESENTED Are a restrained party’s due process rights under Fourteenth Amendment of the United States Constitution violated by the issuance of a restraining order under Domestic Violence Prevention Act (DVPA) when the party seeking protection has not presented any evidence establishing a specified doinestic relationship within the meaning of Fam. Code §6210? a“ Are restraining orders, directing a restrained party to remove any pictures or references of an individual — regardless of content or context — from any social media website or blog she may have posted, a content-based post speech sanction in violation of the First and Fourteenth Amendments of the United States Constitution? Is a restraining order, directing a restrained party to cease posting any pictures or likeness of an individual or refer to him by name on any social media or website or blog that would be abusive pursuant to Fam. Code §§ 6203, 6320, a content-based prior restraint on speech in violation of the First and Fourteenth Amendments of the United States Constitution? i : , ii .

Docket Entries

2023-10-02
Petition DENIED.
2023-06-22
DISTRIBUTED for Conference of 9/26/2023.
2023-05-09
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due June 9, 2023)

Attorneys

Xingfei Luo
Xingfei Luo — Petitioner
Xingfei Luo — Petitioner