Law Religion Culture Review

Exploring the intersections of law, religion and culture. Copyright by Richard J. Radcliffe. All rights reserved.

Tuesday, February 01, 2005

Constitution Anyone?, Part II.

A mother obtained an injunction against her minor daughter's boyfriend. The order barred the boyfriend from contacting the daughter and her family. The boyfriend appealed; a California Court of Appeal affirmed. (Brekke v. Wills (Jan. 25, 2005) 2005 WL 170783. Link to the opinion here, but be warned the language is R or NC-17-rated.)

The injunction was granted and affirmed despite the fact that the boyfriend never threatened, attacked, or threatened to attack the girlfriend. In sum, the mother found letters in her daughter's room that contained threats only against the parents. Nevertheless, the Court issued an order enjoining the boyfriend from associating or communicating with the daughter for any purpose.

The facts are extreme relative to the parents, but the remedy is also unduly extreme because it prevents any association or communication between the boyfriend and girlfriend in the absence of any threatened harm to the girlfriend.