18 results for 'cat:"Civil Procedure" AND cat:"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. 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
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
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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
J. Millett vacates, in part, a district court order that places limits on what Donald Trump can publicly say about those involved in the government’s case against him for allegedly conspiring to overturn the 2020 election. Although Trump is still barred from making public statements about witnesses, counsel and court staff, along with their family members, limitations outside those parameters are vacated, as the order "sweeps in more protected speech than is necessary." Vacated in part.
Court: DC Circuit, Judge: Millett, Filed On: December 8, 2023, Case #: 23-3190 , Categories: civil Procedure, restraining Order, First Amendment
J. Owens finds that the lower court improperly reversed an order that granted a Sexual Assault Protection Order against an individual after they were accused of nonconsensual sex by another. The lower court reversed the order on the grounds that the trial court should have considered the man's affirmative defense, but doing so would go against the plan language of the statute. A protection order of this kind is intended to provide sexual assault victims with civil remedies separate from criminal code, and the law governing those orders clearly omits affirmative defenses. Reversed.
Court: Washington Supreme Court, Judge: Owens, Filed On: October 5, 2023, Case #: 101330-2 , Categories: civil Procedure, restraining Order
J. Corker partially adopts the recommendation of the magistrate judge in this pro se lawsuit, specifically as to the finding that the court lacks the authority to grant the individual's "requested injunctive relief." The litigant allegedly seeks to enjoin the enforcement of a civil stalking protection order, but the Anti-Injunction Act bars the court "from enjoining those enforcement proceedings." Also, the exceptions do not apply.
Court: USDC Eastern District of Tennessee , Judge: Corker, Filed On: August 25, 2023, Case #: 2:23cv11, NOS: Other Civil Rights - Civil Rights, Categories: civil Procedure, restraining Order
J. Doyle finds that the trial court improperly entered a 12-month family violence protective order against the father after he allegedly assaulted the grandmother in front of his children. The protective order was entered after the expiration of the 30-day deadline for holding a hearing on the issue and the father did not agree to a continuance of the rescheduled hearing. The petition was therefore statutorily dismissed and the trial court lacked authority to issue the order. Reversed.
Court: Georgia Court of Appeals, Judge: Doyle, Filed On: July 26, 2023, Case #: A23A1089, Categories: civil Procedure, restraining Order
Per curiam, the appellate court conditionally grants in part mandamus relief to the attorney who seeks to set aside certain orders of the trial court in the underlying dispute with his former law partner. It was an abuse of discretion to hold an injunction hearing and issue a temporary injunction after the attorney had filed an "undisputed motion to compel arbitration" of the claims.
Court: Texas Courts of Appeals, Judge: Per curiam, Filed On: July 13, 2023, Case #: 14-22-00913-CV, Categories: Arbitration, civil Procedure, restraining Order
J. Waples finds that the lower court properly extended and modified stalking orders against an individual relating to his harassing activities on a vacant lot that he directed towards his neighbors. The evidence supports the finding that an extension of the order was necessary and that the individual should be prohibited from discharging a firearm on the lot. Affirmed.
Court: Vermont Supreme Court, Judge: Waples, Filed On: May 19, 2023, Case #: 22-AP-143, Categories: civil Procedure, Emotional Distress, restraining Order