State Ex Rel. Williams v. Marsh

626 S.W.2d 223 (1982)

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Nature of the Case

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Facts

Denise Williams (P) filed a petition for an ex parte order of protection. The trial court found that P and Edward Williams (D) were married and had one child from the relationship and that the couple had been living separately and apart for five months prior to the hearing. During this separation, D's home address was unknown, his place of employment was known, and that D made about $1,000 per month but provided no support or maintenance but for the exception of a small amount of clothing and that, D on numerous occasions beat P causing her serious bodily injury. The trial court dismissed the petition as it held the Adult Abuse Act unconstitutional and unenforceable; as no bill shall contain more than one subject which shall be clearly expressed in the title and because this bill contained provisions relating to child support and custody rather than exclusively relating to adults, the trial court found it unconstitutional; and that is violates due process guarantees as it deprived a party of constitutionally protected interests without an adversary hearing.