CASE ALERT: Irvine v. Irvine (2026)

This case alert explains how the case Irvine v. Irvine could help a survivor by ensuring their DVRO hearing is not unfairly continued when the respondent claims their 5th Amendment right against self-incrimination.

The Opinion creates a process judges must use if a DVRO respondent requests a continuance based on 5^th Amendment concerns. First, the court must decide if there actually is a concern that the respondent will be forced to incriminate themselves. For many DVRO requests, the abuse is not also a crime, so the 5^th Amendment doesn’t apply.