Legislative “Fix” for State v. Byrd

Remember State v. Byrd, the case that held that ex parte domestic violence TROs aren’t “protective orders” under Chapter 50B? I blogged about it here, and I highlighted a more detailed summary by John Rubin here. Byrd always seemed like a likely candidate for a legislative “fix,” and in fact, the General Assembly passed, and Governor Perdue recently signed, H 115, which de facto reverses Byrd.

Since John prepared his earlier summary, he seems to have felt some responsibility to analyze the new legislation. As usual, the resulting short memorandum is top-notch. Learn all the ins and outs of the new law by accessing John’s work here.

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Jeff Welty

Jeff Welty is a Professor of Public Law and Government at the School, specializing in criminal law and procedure and the law of policing.

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