7 results for 'cat:"Evidence" AND cat:"Family Law" AND cat:"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. 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. Molaison finds that the trial court properly granted a mother's protective order against the father because the mother testified that the father repeatedly stalked her, showed up at her work, and attempted to strangle her. However, it is unclear if the parties' child is among the protected persons in the order because no finding of abuse was made under the Louisiana Children’s Code, and the trial court implemented weekend visitation for the child and the father. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Molaison, Filed On: October 31, 2023, Case #: 23-CA-173, Categories: evidence, 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
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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. Mead finds that the lower court improperly granted the wife's protection from abuse order against the appellant. The lower court erred in identifying the date that the appellant had allegedly entered the home, which was significant in that the amended temporary protection order was not in effect on the actual date. Accordingly, the issue should be remanded for reconsideration. Vacated.
Court: Maine Supreme Court, Judge: Mead, Filed On: May 9, 2023, Case #: 2023ME28, Categories: evidence, family Law, restraining Order