In re B.C.

Mother filed two domestic violence petitions on behalf of B.C., her minor child. Mother’s second petition was granted, and an emergency protective order was entered in favor of B.C. and against Father. Mother subsequently filed an amended abuse and neglect petition asking the circuit court to terminate Father’s parental rights based upon his alleged abuse and neglect of B.C. The allegations were essentially the same allegations made in the domestic violence petition. The circuit court dismissed the petition, concluding that it was barred by the doctrine of res judicata and collateral estoppel. The Supreme Court reversed, holding that even if a civil domestic violence proceeding and a civil abuse and neglect proceeding involve the same underlying facts, the separate proceedings do not implicate the doctrines of res judicata or collateral estoppel. View "In re B.C." on Justia Law