39 results for 'cat:"Evidence" AND cat:"Restraining Order"'.
J. Arterburn finds the county court properly entered the modified domestic abuse protection order. The wife filed a petition to obtain the protection order for her and her minor child, alleging several incidents involving property destruction and threats of physical violence. It is undisputed the husband threw drinks on the floor and at his wife, ripped her underwear off her body, shoved her and threatened to punch her. The husband presented no evidence to show cause why the protection order should not remain in effect. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Arterburn , Filed On: May 7, 2024, Case #: A-23-772, Categories: evidence, restraining Order, Assault
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. 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
Want access to unlimited case records and advanced research tools? Create your free CasePortal account now. No credit card required to register.
Try CasePortal for Free
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. 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. 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. 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. 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. Bishop finds the district court properly affirmed its entry of a domestic abuse protection order against a woman's ex-boyfriend. Sufficient evidence involving the ex-boyfriend's uninvited entry into her home, his threats and assault, and calling her from a "no caller ID" telephone number support the order. Furthermore, he placed her in fear of bodily injury by way of credible threat implied by a combination of his conduct and communications. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Bishop , Filed On: December 26, 2023, Case #: A-23-271, Categories: evidence, Domestic Violence, restraining Order
J. O'Rourke finds that the trial court improperly granted a second five-year renewal of a restraining order without new evidence of harassment. Evidence that the restrained person filed a federal lawsuit is not an adequate showing of harassment since the litigation was a constitutionally protected activity. Reversed.
Court: California Courts Of Appeal, Judge: O'Rourke, Filed On: December 22, 2023, Case #: D080860, Categories: evidence, restraining Order
J. Arterburn finds the district court improperly affirmed the protection order entered against the father. The father pleaded no contest to negligent child abuse causing no serious bodily injury after the mother brought several allegations of abuse, supported with photographs. Evidence demonstrates the father is willing to comply with limited contact and the court failed to modify the order to allow telephone, video, and supervised contact. Reversed in part.
Court: Nebraska Court Of Appeals, Judge: Arterburn , Filed On: December 12, 2023, Case #: A-23-285, Categories: evidence, restraining Order, Assault
J. Molaison finds that the trial court properly dismissed an order of protection issued against an adoptive father. The mother's allegation that the father sexually abused her son was not established by the son's interviews and examinations and was only ever recounted by the mother. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Molaison, Filed On: November 29, 2023, Case #: 23-CA-168, Categories: evidence, restraining Order
J. Triana denies an ex-boyfriend’s motion for rehearing in this matter concerning a lifetime order of protection. The lower court found there was reason to believe that the ex-boyfriend was stalking his ex-girlfriend after their volatile relationship ended, and that a lifetime protective order is necessary to protect her and her family. Evidence is sufficient to support the lower court’s finding. Affirmed.
Court: Texas Courts of Appeals, Judge: Triana, Filed On: November 22, 2023, Case #: 03-22-00071-CV, Categories: evidence, restraining Order
J. Gladwin finds the circuit court properly entered a final order of protection against the husband, accused of verbally threatened to kill his wife, threatening to kill her parents and threatening to ruin his wife’s career. He also spit in her face, punched holes in the wall by her, threw furniture at her, shot a gun above her head during an argument and texted her a photo of himself with the barrel of a rifle in his mouth. All evidence supports the order. The husband was also properly served. His entry of appearance and motion for continuance expressly acknowledged the court’s jurisdiction over both parties, consenting to that jurisdiction. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Gladwin, Filed On: November 8, 2023, Case #: CV-22-387, Categories: evidence, restraining Order, Jurisdiction
J. Hester finds that the trial court properly granted an order of protection against the alleged stalking perpetrator. In this case, the victim stated that he was a former friend of the perpetrator who thought they were in a relationship, and that he had been harassing him through email and social media, pretending to be him on media apps. Further, the victim testified that he had not contacted the perpetrator for over two years, and that the perpetrator continued to contact him and his girlfriend and brought up his four-year-old son in emails. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Hester, Filed On: November 3, 2023, Case #: 2023 CA 0335, Categories: evidence, restraining Order
J. Brown finds the county court properly extended an order of protection against the ex-husband. The original order was sought by the ex-wife on allegations that the ex-husband had thrown objects at her head, choked her and had pulled her around by the hair. The ex-wife indicated that she was afraid due his instability and threats and showing up unexpectedly at her and her friend’s residences “in disguise.” The request for the order of protection was granted based also on evidence of the ex-husband’s other ex-wife and attorney winning orders of protection against him as well as great amounts of other evidence. All evidence supports the extension. Defendant does not point to evidence in the record showing that the court did not consider evidence calling the ex-wife’s credibility into question. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Brown, Filed On: November 1, 2023, Case #: CV-22-618, Categories: evidence, 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. Prescott finds defendant's conviction for violating a protective order was supported by sufficient evidence. Although the victim was not at her business when defendant went there to retrieve personal belongings, he went there despite knowing the order forbid him from going to her workplace, while testimony from the victim proved psychological harm as a result of threats made to coworkers. Affirmed.
Court: Connecticut Court Of Appeals, Judge: Prescott, Filed On: October 27, 2023, Case #: AC45104, Categories: evidence, restraining Order
J. Brown finds the circuit court properly extended a protective order against the boyfriend. The girlfriend has stated that the boyfriend has a history of domestic abuse, including an arrest. She reported that he started being physically, verbally and mentally abusive to her, threatened to kill himself if she tried to leave him, and has threatened to wreck his car and kill them both. He also punched her, pulled her hair and threw shotgun shells and hit her in the face. He does not contest that there was sufficient evidence to support the extension, but there was no testimony that his son witnessed or was victim to the violence, or that he was ever in fear of harm from his father. The court’s order of protection as to the son was erroneous. Affirmed in part. Reversed and dismissed in part.
Court: Arkansas Court Of Appeals, Judge: Brown, Filed On: October 4, 2023, Case #: CV-22-490, Categories: evidence, Assault, restraining Order
J. Johnson finds the district court properly issued a protective order sought by the wife against her husband. Sufficient evidence had been shown to support the court’s finding that family violence was likely to occur in the future. The husband argues that a finding that violence is likely to occur in the future should not be based on evidence of past violence and that evidence of future intent should be required, though he cites no legal authority. Affirmed.
Court: Texas Courts of Appeals, Judge: Johnson, Filed On: August 17, 2023, Case #: 09-22-00325-CV, Categories: evidence, restraining Order
J. Pirtle finds the county court properly dismissed the domestic abuse protection order entered against the petitioner’s boyfriend. Patterns of abuse testified to by both parties favor the boyfriend’s version, including the fact that arguments led him to block her on social media and his phone, with her responding by getting a new phone number to stay in contact. The trial court had access to and took note of the allegations and nature of the relationship history. The girlfriend’s arguments rely almost exclusively on her own testimony. No error is found. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Pirtle, Filed On: August 8, 2023, Case #: A-22-923, Categories: evidence, restraining Order
J. Foley finds the lower court properly convicted defendant of invasion of privacy for his second violation of a protective order and sentenced him to one year in prison with all but 120 days suspended to probation. While defendant alleges false statements were made regarding probable cause for his original charges, the instant court finds his argument is without merit, and his appellate brief failed to fully develop a legal argument. Affirmed.
Court: Indiana Court Of Appeals, Judge: Foley, Filed On: August 3, 2023, Case #: 23ACR832, Categories: evidence, restraining Order, Harassment
J. Riedmann finds that the county court improperly continued the protection order sought by the mother for her minor son. The mother alleges that the son's former boss tried to intimidate her son into returning to work, a place where he was allowed to consume alcohol, and which affected his grades at school. Nothing in the record shows that the employer's conduct would threaten or intimidate a reasonable person. Alleged text message threats were not offered into evidence, and the mother's testimony is insufficient to support a finding that the employer engaged in threats or intimidation. Reversed and remanded.
Court: Nebraska Court Of Appeals, Judge: Riedmann , Filed On: July 25, 2023, Case #: A-22-787, Categories: evidence, restraining Order