9 results for 'cat:"Restraining Order" AND cat:"Assault"'.
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. Wainer Apter finds that the appellate division properly upheld a protective order entered against defendant based on accusations that he had non-consensual sexual contact with an intoxicated woman. The trial court and appellate division both held that the "possibility of future risk" included "something emotionally unwelcome" and found the victim's testimony credible, while defendant's testimony was found not credible. Affirmed.
Court: New Jersey Supreme Court, Judge: Wainer Apter , Filed On: April 22, 2024, Case #: A-47-22, Categories: restraining Order, assault
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. 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
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J. Montgomery finds the lower court properly revoked defendant’s probation. Defendant pleaded guilty to aggravated assault and evading arrest, and as part of his plea agreement he received a five-year, split-confinement sentence. Defendant violated the terms of his probation when he entered the workplace of the victim, which violated a protective order, and proceeded to physically attack her. The instant court finds the lower court considered defendant’s behavioral history with multiple prior probation violations, and did not abuse its discretion when it revoked his probation and ordered him to serve out the remainder of his sentence in confinement. Affirmed.
Court: Tennessee Court of Criminal Appeals, Judge: Montgomery, Filed On: August 9, 2023, Case #: E2022-01304-CCA-R3-CD, Categories: Probation, assault, restraining Order
J. Doyle finds that the trial court properly convicted defendant of aggravated assault, burglary, elder abuse, aggravated stalking, false imprisonment, battery and other offenses. The trial court correctly denied defendant's motion to dismiss the aggravated stalking charge for stalking the victim at the marital home. A court order had previously granted the victim exclusive use of the home and directed defendant not to come within 500 yards of it. However, the trial court incorrectly sentenced defendant because the battery charge against him should have merged with the elder abuse charge. Affirmed in part.
Court: Georgia Court of Appeals, Judge: Doyle, Filed On: June 27, 2023, Case #: A23A0072, Categories: Sentencing, assault, restraining Order
J. Riedmann finds the district court properly entered the harassment protection order against the property owner involved in a boundary dispute resulting in trespass, vandalism and a fight resulting in hospitalization. Evidence presented at the show cause hearing, including the petition, affidavit, testimony and exhibits outweigh arguments that the injured party’s lack of recollection and failure to identify a series of acts precludes the order. The aggressor’s argument ignores evidence of and reference to the two-year dispute. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Riedmann, Filed On: June 20, 2023, Case #: A-22-801, Categories: Property, restraining Order, assault