248 results for 'cat:"Restraining Order"'.
J. Orme finds the trial court properly found defendant guilty of protective order violations. The judgments were not against the clear weight of the evidence regarding these convictions. But the state did not present evidence of any act specified in the relevant charging documents as constituting stalking, apart from the protective order violation. Because stalking is predicated on a course of conduct comprising two or more acts, the evidence was necessarily insufficient. Affirmed in part. Reversed in part.
Court: Utah Court Of Appeals, Judge: Orme , Filed On: May 26, 2023, Case #: 20190339-CA, Categories: Evidence, restraining Order
Per curiam, the appellate division finds that the lower court properly enjoined the city from charging co-payments to Senior Care health insurance plan beneficiaries, a Medicare supplemental insurance offered to current and retired city employees. The mostly retired beneficiaries would suffer irreparable harm by delaying or foregoing medical care if they were required to continue paying the co-payments pending the outcome of this case. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: May 25, 2023, Case #: 02822, Categories: Health Care, Pensions, restraining Order
J. Crone finds that consecutive sentences were improperly imposed upon defendant's conviction on 10 counts of invasion of privacy because letters he wrote the victim in violation of a no-contract order had not been threatening in nature. Thus, total jail time should be reduced from 3,000 to 300 days. Reversed.
Court: Indiana Court Of Appeals, Judge: Crone, Filed On: May 25, 2023, Case #: 22A-CR-2276, Categories: Sentencing, Threats, restraining Order
J. Lasnik grants the alpine club a temporary restraining order stopping the park owner its employees from restraining access to the Kitsap Rhododendron Preserve, as part of the park owner's objection that the alpine club does not have a valid easement to the preserve owned by the park owner. The alpine club shows that “irreparable harm is likely to result in the absence of the injunction," because it would be unable to put on its theatrical performances without access to the venue and thus would have to cancel the performances, including the 100th anniversary of the theater program that involved hundreds of volunteers and 1,500 tickets sold.
Court: USDC Western District of Washington, Judge: Lasnik, Filed On: May 24, 2023, Case #: 2:19cv1819, NOS: Trademark - Property Rights, Categories: Property, Trademark, restraining Order
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J. Hand upholds the lower court's judgment extending a mother's harassment prevention order against defendant, who was convicted of indecent assault and battery charges, one of which was committed against her child. Defendant is prevented by collateral estoppel from relitigating the harassment at issue and the mother was only required to show a need for protection from the impact of the harassment. Affirmed.
Court: Massachusetts Court Of Appeals, Judge: Hand, Filed On: May 24, 2023, Case #: 22-P-44 , Categories: Evidence, restraining Order