45 results for 'cat:"Family Law" AND cat:"Restraining Order"'.
J. Wallach reverses the trial court's order granting a protective order to a mother for her eldest child, which prohibits the father from contacting the child. The trial court improperly granted the state's request to interview the child in chambers and the evidence does not support the protective order. Reversed.
Court: Texas Courts of Appeals, Judge: Wallach, Filed On: September 7, 2023, Case #: 02-22-00479-CV, Categories: family Law, restraining Order
J. Gooden Brown finds that a restraining order was improperly entered against plaintiff's estranged wife, who released a video accusing him of improperly withholding a Jewish bill of divorce, because the video constitutes protected free speech. Meanwhile, the existence of a generalized history of members of the Jewish community acting violently to those who refuse to grant spouses "gittins" does not prove the video constituted a true threat. Reversed.
Court: New Jersey Appellate Division, Judge: Gooden Brown , Filed On: September 6, 2023, Case #: A-0305-21, Categories: family Law, restraining Order
J. Gordo finds the trial court improperly denied the husband's motion to disqualify the judge presiding over his and his wife's divorce proceedings due to comments the judge made at an evidentiary hearing for a temporary injunction the husband wanted in part to stop the wife from placing audio and video recording devices in the restaurant they co-own. Certain statements the judge made, specifically intimating that he was all but certain to appoint a receiver in the case and that he has "never seen a legitimate set of books or righteous tax return in [his] life," would give a reasonable person a fear of not getting a fair and impartial trial. The husband's writ of prohibition regarding the issue of disqualification is granted.
Court: Florida Courts Of Appeal, Judge: Gordo, Filed On: August 30, 2023, Case #: 23-1321, Categories: family Law, restraining Order
J. Parker finds that the lower court properly entered a protective order in favor of the appellee. The appellant contends that the lower court lacked jurisdiction over the appellee's application, because it was actually a modification of their ongoing suit affecting the parent-child relationship. However, the lower court was not deprived of jurisdiction in the protective order proceeding under Title 4. Affirmed.
Court: Texas Courts of Appeals, Judge: Parker, Filed On: August 25, 2023, Case #: 07-23-00172-CV, Categories: family Law, restraining Order, Jurisdiction
J. Wise finds that the trial court properly entered a protective order against the individual for stalking and harassing a woman and her son. There was sufficient evidence to show that the individual committed the offenses, and this included sending lewd photos of the woman and the statement that she "should murder her infant son because he is ugly." Affirmed.
Court: Texas Courts of Appeals, Judge: Wise, Filed On: August 24, 2023, Case #: 14-22-00560-CV, Categories: family Law, restraining Order
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J. Arterburn finds the district court improperly granted the father’s request for a protection order against the mother. Though the father and 13-year-old daughter allege abuse by the mother, they do not allege specific facts giving rise to the charges. The father alleged that the mother had recently been criminally charged with felony child abuse but was not permitted to offer any evidence at the show cause hearing beyond the petition and affidavit. Vacated and remanded with directions.
Court: Nebraska Court Of Appeals, Judge: Arterburn, Filed On: August 22, 2023, Case #: A-22-838, Categories: family Law, restraining Order, Guardianship
J. Yarbrough finds that the lower court properly entered a corrected final protective order that granted relief to the wife and also included the child as a protected person. The husband challenges the sufficiency of the evidence supporting the child's inclusion in the order, since there is "no evidence of family violence" against the child. However, the wife testified that the child was witness to the alleged violence and also indicated that the violence was getting "progressively worse." Affirmed.
Court: Texas Courts of Appeals, Judge: Yarbrough, Filed On: August 10, 2023, Case #: 07-23-00028-CV, Categories: family Law, restraining Order
J. Miskel finds that the lower court properly rendered an order of protection against the appellant husband. Contrary to the husband's argument on appeal, the evidence sufficiently shows "he is likely to commit family violence in the future," as the wife testified to multiple incidents and provided video evidence of one incident. Also, he waived his argument regarding venue. Affirmed.
Court: Texas Courts of Appeals, Judge: Miskel, Filed On: July 26, 2023, Case #: 05-22-00161-CV, Categories: family Law, restraining Order, Venue
J. Neeley grants the writ of mandamus sought by the wife to stay a temporary restraining order appointing a forensic computer specialist to review her electronic storage media after she was accused of recording the husband without permission. The restraining order neither includes an order setting the underlying matter for trial on the merits nor fixes the amount of bond to be provided by the husband, so it does not comply with the procedural requirements for temporary injunctions.
Court: Texas Courts of Appeals, Judge: Neeley, Filed On: July 21, 2023, Case #: 12-23-00172-CV, Categories: family Law, restraining Order
J. Aoyagi finds the trial court misapplied the FAPA restraining order renewal standard. “We misstated the renewal standard in Dehkordi, as we failed to take into account a recent legislative amendment to FAPA that indirectly affected that standard.” Reversed.
Court: Oregon Court of Appeals, Judge: Aoyagi, Filed On: July 12, 2023, Case #: A178936, Categories: family Law, restraining Order
J. Molberg finds that the lower court properly entered a protective order against the appellant. The evidence sufficiently supports the decision, as the appellant's former spouse testified that her car was vandalized and she identified the man in a surveillance video as being the appellant. Additionally, the lower court "was free to question the credibility" of the appellant's evidence. Affirmed.
Court: Texas Courts of Appeals, Judge: Molberg, Filed On: July 10, 2023, Case #: 05-22-00915-CV, Categories: Evidence, family Law, restraining Order
Per curiam, the court of appeals finds the lower court improperly extended the husband's application for relief from abuse by his wife to the parties' children. Not only did he fail to check the applicable box on his application, but there was no evidence the mother's behavior required a protective order involving the children. Although a witness testified the wife was parked near the husband's home for an extended period of time on two occasions in the same day, the wife was not provided an opportunity to provide an explanation for her presence, which was not conclusively proven to be immediately next to the husband's home. Vacated in part.
Court: Connecticut Court Of Appeals, Judge: Per curiam, Filed On: June 25, 2023, Case #: AC45507, Categories: Evidence, family Law, restraining Order
J. Aarons finds that the lower court properly issued an order of protection after finding that a husband's threatening phone calls to his wife, from whom he was separated pending divorce, constituted aggravated harassment. Credible evidence supported that claim, but did not support separate allegations contending he committed the family offense of disorderly conduct. Affirmed in part.
Court: New York Appellate Divisions, Judge: Aarons, Filed On: June 8, 2023, Case #: 535803, Categories: family Law, restraining Order