46 results for 'cat:"Family Law" AND cat:"Restraining Order"'.
J. Joyce finds the trial court properly continued a FAPA restraining order against respondent after finding him to be a continuing credible threat to petitioner’s physical safety. “Respondent’s immigration issue continued after the parties separated, and there was a volatile incident between the parties after they separated, the evidence was sufficient.”
Court: Oregon Court of Appeals, Judge: Joyce, Filed On: April 24, 2024, Case #: A180897, Categories: family Law, restraining Order
J. Marcotte finds that the trial court properly dismissed a wife's petition for protection from abuse from her husband. In this case, the wife does not present sufficient evidence to show abuse to her or the parties' children. The abuse claims were investigated by the sheriff's office, and the wife admitted that that the sheriff's office told her there was no evidence of abuse. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Marcotte, Filed On: April 10, 2024, Case #: 55,492-CA, Categories: family Law, 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
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. Mathias finds that the trial court properly denied a wife a restraining order in claims stemming from a dissolution of marriage because statements about alleged criminal conduct that her husband made to her employer would cause damage only if proven to be true. Should the wife be damaged by the husband's prior or future statements, she may sue him for defamation at that time. Affirmed.
Court: Indiana Court Of Appeals, Judge: Mathias, Filed On: February 21, 2024, Case #: 23A-DC-1954, Categories: family Law, Defamation, restraining Order
J. Barrett finds the county court improperly determined the biological father's consent was not required for his children to be adopted by their stepfather. While the biological father did not support his children and did not communicate with them, his contact with the children would have violated a protective order entered in favor of the mother. Also, the court directly affected the outcome by its failure to rule on a previous paternity petition and to set support and visitation. Reversed.
Court: Arkansas Court Of Appeals, Judge: Barrett , Filed On: February 14, 2024, Case #: CV-22-426, Categories: family Law, Due Process, restraining Order
J. Gustafson finds that the trial court improperly entered a permanent order of protection barring a grandmother from unsupervised visits with her grandchild. Hearsay allegations of drug use that would support a temporary order are insufficient for a permanent order, which would require substantial, credible evidence. Reversed.
Court: Montana Supreme Court, Judge: Gustafson, Filed On: February 13, 2024, Case #: DA 23-0390, Categories: family Law, restraining Order
J. Hoffstadt finds that the juvenile court properly held that statute does not limit its authority to issue a restraining order protecting a child to petitions filed by a parent's probation officer. The juvenile court may issue a restraining order to protect a child based on any dependency petition. But the juvenile court lacked authority to issue a restraining order protecting the child's maternal grandmother. Reversed in part.
Court: California Courts Of Appeal, Judge: Hoffstadt, Filed On: February 8, 2024, Case #: B324755, Categories: family Law, 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. 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. 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. Crothers finds that the district court improperly entered a disorderly conduct restraining order prohibiting a husband from having contact with his wife for a period of six months in a matter involving a divorce proceeding. The use of the interim order process in disorderly conduct restraining order proceedings raised due process concerns. Reversed.
Court: North Dakota Supreme Court, Judge: Crothers, Filed On: December 1, 2023, Case #: 2023ND228, Categories: family Law, restraining Order
[Consolidated.] J. Powers finds that the lower court properly issued an order of protection against a husband for a physical altercation with his wife. He likewise accused the wife, but his account was not credible given her smaller stature, and the wife contends she acted in self-defense since her husband had previously injured her. Affirmed.
Court: New York Appellate Divisions, Judge: Powers, Filed On: November 22, 2023, Case #: 535650, Categories: family Law, restraining Order
J. Reynolds Fitzgerald finds that the lower court properly issued a two-year order of protection based on the finding that a father stalked the mother of his child because evidence amply indicates the father meant to annoy or harass the mother, and a best interests analysis supported the decision to award the mother sole legal and primary physical custody. Affirmed.
Court: New York Appellate Divisions, Judge: Reynolds Fitzgerald, Filed On: November 22, 2023, Case #: 533906, Categories: 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. Weingart finds that the trial court should have granted a mother a domestic violence restraining order against her child's father. The father's calls for police welfare checks were abusive because they were based on false information and lacked any legitimate support. A hearing is required for the trial court to consider any evidence or testimony for or against a restraining order. Reversed.
Court: California Courts Of Appeal, Judge: Weingart, Filed On: October 18, 2023, Case #: B322439, Categories: family Law, restraining Order
J. Bishop finds the district court properly denied the motion to vacate a domestic abuse protection order filed by the mother against her child’s father. The father did not produce any admissible evidence to support his alleged untimely service or receipt of the court’s order for hearing. His affidavit was deemed inadmissible, and his counsel could have asked for a continuance to allow him an opportunity to testify as to when he received notice. No continuance was requested. No abuse of discretion is found. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Bishop, Filed On: October 17, 2023, Case #: A-23-195, Categories: family Law, Due Process, restraining Order
J. Poissant finds that the trial court properly entered a protective order in favor of the couple and against their family members who allegedly exhibited threatening behavior with their guns in a dispute over a dog. Contrary to the family members' arguments, their "actions in the defense of property do not preclude a finding of family violence as necessary for a protective order." Affirmed.
Court: Texas Courts of Appeals, Judge: Poissant, Filed On: October 12, 2023, Case #: 14-22-00708-CV, Categories: family Law, restraining Order
Per curiam, the Vermont Supreme Court finds that the lower court properly denied the man's motion to terminate the relief-from-abuse order. The woman was in fear for her life due to being sent threatening messages by the man, who also said he would use a firearm. Although the man is now incarcerated, there are still ways of establishing contact while being incarcerated. Affirmed.
Court: Vermont Supreme Court, Judge: Per curiam, Filed On: September 15, 2023, Case #: 23-AP-107, Categories: family Law, restraining Order
J. Wallach reverses the trial court's order granting a protective order to a mother for her eldest child, which prohibits the father from contacting the child. The trial court improperly granted the state's request to interview the child in chambers and the evidence does not support the protective order. Reversed.
Court: Texas Courts of Appeals, Judge: Wallach, Filed On: September 7, 2023, Case #: 02-22-00479-CV, Categories: family Law, restraining Order