Logourl black
From our private database of 14,000+ case briefs...

State ex rel. Williams v. Marsh

Supreme Court of Missouri
626 S.W.2d 223 (1982)


Facts

Denise Williams (plaintiff) had been separated from her husband, Edward Williams (defendant), for approximately five months when Edward entered the residence that Denise shared with their child and physically beat Denise. Denise filed a petition for an ex parte order of protection under Missouri’s Adult Abuse Act (the Act). The Act was adopted to address the increasing number of incidents of domestic violence and the need to protect the victims. An adult who was abused by a former adult member of the household could petition the court for relief, namely by seeking either an ex parte order or a protective order that could be issued after notice and a hearing. At a hearing on Denise’s petition, the trial court concluded that Edward was a former adult member of the household whose actions constituted abuse. However, the court held that the Act was unconstitutional, because the Act violated the due process rights of the individual subjected to the ex parte order. The trial court dismissed the petition, and Denise appealed. In a separate action, Denise filed a petition for a writ of mandamus to compel the trial court to issue an order of protection, an order restraining Edward from entering her dwelling, and a temporary order of custody of their minor child. The appeal and the mandamus action were consolidated by the Supreme Court of Missouri for review.

Rule of Law

The rule of law is the black letter law upon which the court rested its decision.

To access this section, please start your free trial or log in.

Issue

The issue section includes the dispositive legal issue in the case phrased as a question.

To access this section, please start your free trial or log in.

Holding and Reasoning (Higgins, J.)

The holding and reasoning section includes:

  • A “yes” or “no” answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

To access this section, please start your free trial or log in.

Concurrence (Bardgett, J.)

The concurrence section is for members only and includes a summary of the concurring judge or justice’s opinion.

To access this section, please start your free trial or log in.

Dissent (Welliver, J.)

The dissent section is for members only and includes a summary of the dissenting judge or justice’s opinion.

To access this section, please start your free trial or log in.

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.

  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.

Here's why 173,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 14,000 briefs, keyed to 188 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.