Representing a return to criminal equity, the American domestic violence restraining order system evokes the Anglo-American cultural memory of the Star Chamber. Turkey’s recent withdrawal from the Istanbul Convention, the Council of Europe’s counterpart to the United States’ Violence Against Women Act, is part of a larger populist opposition to “gender ideology” that is unlikely to take hold in the United States. Hopefully, however, it will inspire a populist movement in the United States that draws upon a commitment to traditional notions of due process and the preservation of parent–child relationships to put an end to at least some of the nation’s domestic violence restraining order schemes. Such a movement would find ample lessons in the ultimately successful struggle around the turn of the last century against the use of labor injunctions.
Heleniak, David N.
"Shuttering the New Star Chamber: Toward a Populist Strategy Against Criminal Equity in the Family Court,"
Liberty University Law Review: Vol. 17:
2, Article 2.
Available at: https://digitalcommons.liberty.edu/lu_law_review/vol17/iss2/2