248 results for 'cat:"Restraining Order"'.
J. Sannes declines to issue a temporary restraining order which would prohibit a healthcare provider from soliciting clinicians from an anesthesia management company following the litigant’s decision to terminate their agreement for anesthesia services. The court finds the the company’s allegations that patient care will be impacted speculative and conclusory, and further finds any potential losses could be remedied with money damages.
Court: USDC Northern District of New York, Judge: Sannes, Filed On: March 19, 2024, Case #: 5:24cv276, NOS: Antitrust - Other Suits, Categories: Health Care, restraining Order
J. Robart denies the computer hardware manufacturer's motion for a temporary restraining order in its complaint alleging that the IT services company refused to return $6.4 million-worth of Bitcoin after it failed to provide sufficient power and energy to the manufacturer's Bitcoin miners. The manufacturer does not show a likelihood of irreparable harm without a temporary restraining order because the evidence shows that the IT services company already agreed to return the manufacturer's high-powered computers, specifically on a "staggered monthly schedule extending through July of this year."
Court: USDC Western District of Washington, Judge: Robart, Filed On: March 18, 2024, Case #: 2:24cv319, NOS: Other Contract - Contract, Categories: restraining Order, Contract
J. Perry finds the lower court properly granted a protective order to a wife after a hearing concerning allegations of domestic abuse and threatening behavior by the husband after the parties had separated. The instant court finds the lower court did not abuse its discretion in granting the order, and the husband’s due process rights were not violated. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Perry, Filed On: March 13, 2024, Case #: 23-560, Categories: Due Process, restraining Order
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J. Egan finds that the lower court properly issued plaintiff a stay away order of protection in claims contending her former live-in lover harassed her after their relationship ended because evidence indicated her ex continued to return to their home and attempted to contact her by phone, text, and social media. Affirmed.
Court: New York Appellate Divisions, Judge: Egan, Filed On: March 7, 2024, Case #: CV-23-0408, Categories: restraining Order
J. Smith finds the trial court's properly granted the wife's petition for a civil protective order. The husband's threat to "put a bullet" in the wife's children from a previous marriage and kill her and himself if she ever cheated on him proved an imminent threat of harm. Affirmed.
Court: Ohio Court Of Appeals, Judge: Smith, Filed On: March 6, 2024, Case #: 2024-Ohio-879, Categories: Evidence, restraining Order
J. Hodges finds that the trial court improperly entered a 12-month stalking protective order against a former father-in-law, prohibiting him from coming around or contacting his former son-in-law. The son-in-law failed to show that the father-in-law's actions put him in reasonable fear for his safety. The son-in-law claimed the father-in-law put a tracking device on his vehicle but there is no evidence that the father-in-law engaged in any pattern of intimidating or harassing behavior. Reversed.
Court: Georgia Court of Appeals, Judge: Hodges, Filed On: March 5, 2024, Case #: A23A1534, Categories: restraining Order
J. Worthen denies the parent's petition for a writ of mandamus challenging a protective order. The order was entered against the parents on behalf of their child after a minor told his mother the child had touched his penis and exposed him to others on the school bus in exchange for Pokemon cards. The parent's essential argument that a child victim cannot seek protection when the offending person is another child is contrary not only to the relevant statute’s purpose, but also to the state's policy to protect the interests of children.
Court: Texas Courts of Appeals, Judge: Worthen , Filed On: February 29, 2024, Case #: 12-24-00010-CV, Categories: Civil Procedure, Family Law, restraining Order
J. Thyer finds the county court properly entered a protection order against the ex-husband. Text messages show he began harassing his ex-wife, saying she was undermining his relationship with their children and that she owed him for certain property. Calls and texts resulted in the ex-wife's asking police to perform a welfare check on the potentially suicidal ex-husband, following which he sent her texts about guns and threatened her. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Thyer , Filed On: February 28, 2024, Case #: CV-23-91, Categories: Evidence, Due Process, restraining Order
J. Males finds a lower court improperly dismissed a derma med practice's motion for a restraining order against a aesthetics physician. The aesthetics physician argued that the derma med practice wrongfully obtained an injunction against it. However, the practice sufficiently showed in court that the owner was diverting customers to his business, in violation of the parties' agreement, and used its confidential information to do so. Reversed.
Court: Her Majesty's Court of Appeal, Judge: Males, Filed On: February 23, 2024, Case #: CA-2023-2335, Categories: restraining Order, Contract, Injunction
J. Mathias finds that the trial court properly denied a wife a restraining order in claims stemming from a dissolution of marriage because statements about alleged criminal conduct that her husband made to her employer would cause damage only if proven to be true. Should the wife be damaged by the husband's prior or future statements, she may sue him for defamation at that time. Affirmed.
Court: Indiana Court Of Appeals, Judge: Mathias, Filed On: February 21, 2024, Case #: 23A-DC-1954, Categories: Family Law, Defamation, restraining Order
J. Fearing finds that the lower court properly entered a protective order against an ex-husband in favor of his ex-wife. He claims that when the lower court realigned him as the petitioner in the dispute, the lower court lost the authority to enter an order against him. The lower court did err, but the error was in realigning him in the first place. The matter is remanded to realign him as the respondent, and with the clerical error fixed, the protective order against him stands. Affirmed.
Court: Washington Court Of Appeals, Judge: Fearing, Filed On: February 20, 2024, Case #: 39365-8-III, Categories: Civil Procedure, restraining Order
J. Gleason denies registered guides' motion for a temporary restraining order regarding the award of a U.S. Fish and Wildlife Service-issued permit to guide commercial big game hunting on federal lands within Kodiak National Wildlife Refuge to another party. The registered guides allege that without the temporary restraining order, their "clients will be precluded from obtaining brown bear tags for hunting on Native lands," while the other party's permit would allow others to receive all of the brown bear tags for the area in question. The guides' "purported injury is speculative and does not demonstrate a likelihood of irreparable harm."
Court: USDC Alaska, Judge: Gleason, Filed On: February 16, 2024, Case #: 3:24cv36, NOS: Other Statutory Actions - Other Suits, Categories: Administrative Law, restraining Order
J. Barrett finds the county court improperly determined the biological father's consent was not required for his children to be adopted by their stepfather. While the biological father did not support his children and did not communicate with them, his contact with the children would have violated a protective order entered in favor of the mother. Also, the court directly affected the outcome by its failure to rule on a previous paternity petition and to set support and visitation. Reversed.
Court: Arkansas Court Of Appeals, Judge: Barrett , Filed On: February 14, 2024, Case #: CV-22-426, Categories: Family Law, Due Process, restraining Order
J. Hicks grants the school district's motion to dismiss this bullying and discrimination complaint. Though the minor received accommodations at his elementary school, he was choked by a minor aggressor, who also chased him with a pencil, threatening to stab him. A Nevada court issued a protection order, which the guardian says the school failed to enforce. The guardian does not have standing to sue in her individual capacity. She also fails to state claims on her assertions of liability, negligence and discrimination, providing no detail regarding the alleged harassment.
Court: USDC Nevada, Judge: Hicks , Filed On: February 14, 2024, Case #: 3:23cv107, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Education, restraining Order
J. Hurd declines to reconsider a prior court ruling dismissing a engineering consultancy firm’s requests for a temporary restraining order and preliminary injunction against a former executive which seek to prevent him from taking any actions that would violate the restrictive covenants of his employment contract. The court ruled the former executive’s pending California lawsuit to determine his rights under the contract takes priority, and the firm fails to present any new evidence or law that would counteract that ruling.
Court: USDC Northern District of New York, Judge: Hurd, Filed On: February 14, 2024, Case #: 1:24cv76, NOS: Other Contract - Contract, Categories: restraining Order, Contract
J. Gustafson finds that the trial court improperly entered a permanent order of protection barring a grandmother from unsupervised visits with her grandchild. Hearsay allegations of drug use that would support a temporary order are insufficient for a permanent order, which would require substantial, credible evidence. Reversed.
Court: Montana Supreme Court, Judge: Gustafson, Filed On: February 13, 2024, Case #: DA 23-0390, Categories: Family Law, restraining Order
J. Pirtle finds the trial court properly convicted defendant for violating a protection order with a prior violation. After defendant was released from custody for a previous offense, he was again arrested for firearm possession by a prohibited person. During this period of incarceration, he used other inmate's accounts to contact the protected party, in violation of the order. The court clearly explained that defendant's prison sentence, to be run concurrently with that which he was already serving, was necessary. Evidence showed that he was likely to engage in additional criminal conduct if put on probation. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Pirtle , Filed On: February 13, 2024, Case #: A-23-462, Categories: Evidence, Sentencing, restraining Order
J. Nardella finds that the trial court erred by denying a petition for risk protection order against a minor without a hearing. Based on the circumstances, the relevant statute states “upon receipt of a petition, the court must order a hearing to be held no later than 14 days after the date of the order and must issue a notice of hearing to the respondent for the same.” Therefore, this case is remanded back to trial court for a hearing. Reversed.
Court: Florida Courts Of Appeal, Judge: Nardella, Filed On: February 12, 2024, Case #: 6D23-2558, Categories: Civil Rights, restraining Order
J. Hoffstadt finds that the juvenile court properly held that statute does not limit its authority to issue a restraining order protecting a child to petitions filed by a parent's probation officer. The juvenile court may issue a restraining order to protect a child based on any dependency petition. But the juvenile court lacked authority to issue a restraining order protecting the child's maternal grandmother. Reversed in part.
Court: California Courts Of Appeal, Judge: Hoffstadt, Filed On: February 8, 2024, Case #: B324755, Categories: Family Law, restraining Order