Legal Opinion
Molinaro v. Molinaro
California Court of Appeal, 5th District
Decided February 26, 2019No. B282014PublishedCited by 5 opinions
1Opinion of the CourtEgerton, J.
*826*404Michael Molinaro appeals from a restraining order issued under the Domestic Violence Prevention Act (DVPA) ( Fam. Code, § 6200 et seq. ).1 We conclude the part of the restraining order prohibiting Michael from posting anything about his divorce case on Facebook constitutes an overbroad, invalid restraint on his freedom of speech. We therefore will reverse that provision and direct the trial court to strike it from the restraining order. We affirm the restraining order in all other respects.2
FACTS AND PROCEDURAL BACKGROUND
On July 11, 2016, Bertha Molinaro filed a petition for dissolution…
2Cases cited9 opinions
- Nebraska Press Assn. v. StuartSupreme Court of the United States · 1976
- Carroll v. President & Commissioners of Princess AnneSupreme Court of the United States · 1968
- People v. FarnamCalifornia Supreme Court · 2002
- Aguilar v. Avis Rent a Car System, Inc.California Supreme Court · 1999
- Wilson v. Superior CourtCalifornia Supreme Court · 1975
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3Cited by5 opinions
- Joseph Cuviello v. City of VallejoCourt of Appeals for the Ninth Circuit · 2019
- Gary M. v. Crystal S. CA2/1California Court of Appeal · 2020
- In Re: Clearview AI, Inc., Consumer Privacy LitigationDistrict Court, N.D. Illinois · 2022
- San Diego Police Department v. Geoffrey S.California Court of Appeal · 2022
- White v. WearCalifornia Court of Appeal · 2022