248 results for 'cat:"Restraining Order"'.
J. Miskel finds that the lower court improperly entered a lifetime, confidential protective order against the appellant because the evidence is not sufficient to support the order. The attention that the applicant received, which allegedly included flowers and cards left at her parents' home, made her feel harassed and annoyed, but all of the elements for stalking were not satisfied. Reversed.
Court: Texas Courts of Appeals, Judge: Miskel, Filed On: February 7, 2024, Case #: 05-22-00713-CV, Categories: Evidence, restraining Order
J. Gruber dismisses the ex-husband's challenge of the circuit court's entering of a temporary order of protection against him. The ex-wife sought the protection order after discovering he was incarcerated for a second assault charge involving his current wife. The husband has threatened to kill his current wife and the ex-wife has testified her children are scared of him. The temporary order is not a final order and is not appealable.
Court: Arkansas Court Of Appeals, Judge: Gruber , Filed On: February 7, 2024, Case #: CV-22-763, Categories: Evidence, Family Law, restraining Order
J. Fisher finds that defendant was properly convicted of criminal contempt and aggravated family offense for violating an order of protection that prohibited contact by mail or electronic means because records for defendant's JPay prison messaging account indicated that he sent instant messages to the victim via an app on her smartphone. Affirmed.
Court: New York Appellate Divisions, Judge: Fisher, Filed On: February 1, 2024, Case #: CR-22-2017, Categories: restraining Order, Contempt
J. Banke finds that restraining orders were supported by sufficient evidence that an elderly woman did not understand what was happening when she signed over the deed to her house to her daughter. However, the Elder Abuse Act does not give trial courts the authority to exclude the daughter from the property since she was the record holder. Also, the trial court relied on the wrong sections of the Act to void the deed transfer. Reversed in part.
Court: California Courts Of Appeal, Judge: Banke, Filed On: January 30, 2024, Case #: A165210, Categories: restraining Order, Elder Abuse
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[Consolidated.] J. Arterburn finds the county court improperly issued domestic abuse and harassment protection orders against the ex-boyfriend. Because the boyfriend had been found guilty of domestic assault, the court improperly denied him his due process right to be heard at the show-cause hearing. Reversed.
Court: Nebraska Court Of Appeals, Judge: Arterburn , Filed On: January 30, 2024, Case #: A-23-384 , Categories: Due Process, restraining Order
J. Whitehead finds in favor of the city against the family's claim that the city's officers arrested the husband for violating a no-contact order involving the wife without probable cause. At the time of the arrest, the wife gave the city's officers information that would give them probable cause to make the arrest, as the wife initially said that the husband sent “manipulative, threatening and slander[ous]" messages.
Court: USDC Western District of Washington, Judge: Whitehead, Filed On: January 29, 2024, Case #: 3:22cv5554, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, restraining Order
J. Gladwin finds the circuit court properly denied the ex-husband's motion for a new trial in a protective order case filed by his ex-wife. She was awarded the marital home after the divorce and has presented evidence that locks on the home had been tampered with, as well as doorbell video evidence of masked intruders outside the home and a menacing funeral balloon that had been sent to her. Evidence of the husband's prior abuse as well as of his gun collection was also shown. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Gladwin , Filed On: January 24, 2024, Case #: CV-23-217, Categories: Evidence, Family Law, restraining Order
J. Arterburn finds the district court properly affirmed defendant's county bench trial convictions and sentences for damage to property and disturbing the peace. Defendant's ex-girlfriend recorded defendant as he attempted to enter her home through a window, where he knocked over a dresser with a TV on it, causing damage. The court considered all sentencing factors, as well as defendant's criminal history. Furthermore, misdemeanor and municipal code violations do not require a presentence investigation. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Arterburn , Filed On: January 23, 2024, Case #: A-23-461, Categories: restraining Order, Property Crimes
J. Cunningham finds that the appeals court properly reversed the lower court's decision to deny the city's petition for an injunction against the company to enforce compliance with a city ordinance requiring that any property within city limmits be connected to the city sewage system upon sale or transfer. The law expressly authorizes the city to seek injunctive relief for continuous violations of the city's sewage ordinances. Affirmed.
Court: Illinois Supreme Court, Judge: Cunningham, Filed On: January 19, 2024, Case #: 129164, Categories: Municipal Law, restraining Order
J. Cassel, on review from the court of appeals, finds the court properly affirmed the trial court's overruling of the father's motion to vacate a protection order. Although the father challenges the appeals court’s evidentiary ruling excluding an affidavit, part of it was inadmissible, and he failed to offer the admissible portion. Affirmed.
Court: Nebraska Supreme Court, Judge: Cassel, Filed On: January 19, 2024, Case #: S-23-195, Categories: Evidence, Due Process, restraining Order
J. Friday finds the trial court erred in granting the father’s protection for abuse order against the boyfriend, because the boyfriend did not commit any act of domestic violence against the father’s minor daughter as defined by the statute. Further, the minor daughter’s act of running away with the boyfriend to escape her father’s strict household was both deliberate and consensual. Reversed and remanded.
Court: Alabama Court of Civil Appeals, Judge: Fridy, Filed On: January 19, 2024, Case #: CL-2023-0221, Categories: Family Law, restraining Order
J. Evenson upholds the trial court's award of attorney fees to the prevailing petitioner, who was granted a restraining order under the Domestic Violence Prevention Act. A new version of the Act applies retroactively and the $6,000 award was less than half of the prevailing party's request, based on the Act's provision that an award reflect the respondent's ability to pay. Affirmed.
Court: California Courts Of Appeal, Judge: Evenson, Filed On: January 17, 2024, Case #: B329659, Categories: Family Law, restraining Order, Attorney Fees
J. Reiber finds that the trial court properly entered a civil stalking order against a citizen to protect his neighbor following two altercations concerning a private road they shared. The citizen argues that the trial court erred in considering his two acts of physical violence as threats, and his actions were privileged in defense of personal property. The neighbor had to seek medical attention after the second incident and fears for her safety. His behavior does qualify as threatening and the citizen’s actions were not a defense of property.
Court: Vermont Supreme Court, Judge: Reiber, Filed On: January 12, 2024, Case #: 23-AP-221, Categories: Property, Emotional Distress, restraining Order
J. Hellman finds the trial court properly determined that defendant had violated a restraining order by possessing a firearm. “It is not ‘obvious and not reasonably in dispute’ that the contempt case was a second prosecution that gives rise to a double jeopardy violation.” Affirmed.
Court: Oregon Court of Appeals, Judge: Hellman, Filed On: January 10, 2024, Case #: A176857, Categories: Firearms, restraining Order
J. Bishop finds the county court improperly entered the protection order sought by a father against his romantic partner on behalf of himself and his son, based on various allegations of infidelity, drug use, and physical and psychological abuse. Certain alleged physical contact referred to an isolated incident, and there is insufficient evidence to support the order. Reversed.
Court: Nebraska Court Of Appeals, Judge: Bishop , Filed On: January 9, 2024, Case #: A-23-323, Categories: Evidence, restraining Order
J. Miller finds that the trial court improperly granted the city volunteer a 12-month protective order and incorrectly denied the city councilwoman's counterclaim for attorney fees in a dispute arising from several incidents between the parties which the volunteer claimed amounted to harassment. Insufficient evidence was presented to show that the councilwoman committed stalking. The evidence does not establish that the councilwoman's actions--which included making an open records request inquiring into the volunteer's role, asking a clerk whether the volunteer was in his office and filming the volunteer after he turned her away from a group photo--placed the volunteer in reasonable fear for his safety. Reversed in part.
Court: Georgia Court of Appeals, Judge: Miller, Filed On: January 8, 2024, Case #: A23A1540, Categories: restraining Order, Attorney Fees
Per curiam, the Rhode Island Supreme Court vacates a lower court ruling prohibiting one neighbor from harassing another neighbor in a senior apartment complex. The hearing justice did not articulate a coherent basis for his decision to issue the preliminary injunction founded on four traditional factors. Vacated.
Court: Rhode Island Supreme Court, Judge: Per curiam, Filed On: January 8, 2024, Case #: 22-287, Categories: Civil Procedure, restraining Order
J. Choudhury, ruling on a motion for reconsideration, finds the court did not err when it denied a rare coin and precious metals supplier’s motion for a temporary restraining order that sought to prohibit a competitor from soliciting its customers. The supplier fails to argue the competitor’s actions could not simply be compensable by money damages as established by legal precedent or that the competitor had obtained its customers’ information solely from its master customer list, not from other sources.
Court: USDC Eastern District of New York, Judge: Choudhury, Filed On: January 2, 2024, Case #: 2:23cv6529, NOS: Defend Trade Secrets Act of 2016 (DTSA) - Property Rights, Categories: Trade Secrets, restraining Order
J. Crothers finds that the district court improperly issued a restraining order prohibiting an individual from contact with the mother of his child. Although the restraining order expired while this appeal was pending, the appeal is not moot because a reasonable possibility exists that the district court’s decision will have adverse collateral consequences for the individual. The parties involved are not married but are in a dispute concerning a child they have together. Reversed.
Court: North Dakota Supreme Court, Judge: Crothers, Filed On: December 28, 2023, Case #: 2023ND249, Categories: Family Law, restraining Order
J. Stanfill finds that the lower court properly denied the appellant's motion for relief from judgment under Rule 60(b) after her "complaint for protection from harassment" was dismissed. The appellant's appeal was timely as to the denial of the motion, but she fails to develop an argument "in connection with that appeal." Accordingly, the court considers her challenge to be waived. Affirmed.
Court: Maine Supreme Court, Judge: Stanfill, Filed On: December 28, 2023, Case #: 2023ME78, Categories: Civil Procedure, restraining Order