Why Doesn't She Leave? The Collision of First Amendment Rights and Effective Court Remedies for Victims of Domestic Violence

Abstract

This Article examines the potential constitutional barriers to the issuance of protection orders that restrict the speech of batterers in domestic violence cases. Focusing on threats by batterers to divulge information related to the victim’s HIV or immigration status and sexual orientation, this Article considers the court’s authority to protect victims as they try to escape abuse despite their fear of the dissemination of this confidential, truthful information . After examining the possible barriers to such restrictions under relevant First Amendment doctrine, the Article concludes that the orders are not only normatively important, but are likely to be constitutionally sound relief.

Keywords: domestic violence, First Amendment, confidential information, victim, protection, free speech, protect order

JEL Classification: K10, K14, J12