249 results for 'cat:"Restraining Order"'.
[Consolidated] J. Moore finds trial court properly convicted defendant by plea agreement for violating a protection order, domestic assault, child abuse, and stalking. Officers were dispatched to the victim's residence on the same day that the protection order had been entered. The victim reported that defendant had punched her in the face, kicked her in the abdomen, and had taken their toddler son. Officers found defendant on the back porch, in 9-degree weather, holding the undressed child. Sufficient evidence supports the convictions. No evidence shows that the court failed to consider all well-established factors and applicable principles in sentencing. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Moore , Filed On: May 14, 2024, Case #: A-23-904, Categories: Assault, restraining Order, Child Victims
The appeals court upholds the trial court denial of an anti-SLAPP motion that an ex-wife filed in response to her ex-husband's petition for a restraining order. Emails she sent about a lawsuit she planned to file against him were protected by litigation privilege, but others were unrelated and unprotected. However, using the litigation privilege in support of an anti-SLAPP motion to bar his petition for a restraining order would run counter to the purpose of litigation privilege. A restraining order would not limit her access to the judicial process, and preventing him from filing for one would limit his. And he met his prima facie burden of showing that her emails were sufficiently abusive under statute to withstand her anti-SLAPP motion. Affirmed.
Court: California Courts Of Appeal, Judge: Per curiam, Filed On: May 9, 2024, Case #: H049873, Categories: Anti-slapp, 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. Goff finds that defendant was properly sentenced for violating a no-contact order because defendant sent letters to his victim while serving time for domestic battery. The trial court may not have exactly adhered to sentencing principles, but the court properly considered defendant's pattern of committing similar offenses. Affirmed.
Court: Indiana Supreme Court, Judge: Goff, Filed On: May 2, 2024, Case #: 24S-CR-150, Categories: Sentencing, restraining Order
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J. Carter denies the conservative law professor's motion to enforce a preliminary injunction against the New York Attorney General to prohibit enforcement of the Hateful Conduct Law, which requires social media networks to provide mechanism for reporting hateful conduct on their platforms. The professor failed to show the AG violated the injunction by sending investigative letters to six social media networks regarding the state's growing concern about antisemitism and Islamaphobia. The AG has other statutory authority to issue such letters, and there is no evidence the letters had any impact on the platforms' conduct.
Court: USDC Southern District of New York, Judge: Carter, Filed On: April 30, 2024, Case #: 1:22cv10195, NOS: Constitutionality of State Statutes - Other Suits, Categories: Constitution, restraining Order, First Amendment
J. Simons finds that the trial court improperly ordered defendant to pay restitution after the end of her two-year mental health diversion period. Even though a mental health diversion does not end with a conviction, the trial court could have imposed restitution at the time it entered the diversion order and ordered its payment during diversion. Reversed.
Court: California Courts Of Appeal, Judge: Simons, Filed On: April 26, 2024, Case #: A166452, Categories: Restitution, 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. 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. Landau finds the lower court improperly issued a default family violence protective order against a boyfriend. A girlfriend applied for the protective order on grounds of alleged harassment and family violence. A temporary order was granted and a date for the protective order hearing was set, but the boyfriend did not appear. A private process server’s affidavit stated that the boyfriend had been served the citation and application for protective order, and the lower court issued a default judgment against the boyfriend and issued a lifetime protective order. The instant court finds that the default protective order required service of notice of the application, and the record does not show that he was served with it. The matter is remanded for further proceedings. Reversed.
Court: Texas Courts of Appeals, Judge: Landau, Filed On: April 21, 2024, Case #: 01-22-00597-CV, Categories: restraining Order
J. Carter denies the council's motion for a preliminary injunction against the state's age-based sales restriction on diet pills and supplements for muscle building that contain ingredients other than protein. The state has a legitimate governmental interest in protecting minors from access to dietary supplements that are connected to eating disorders. Further, the law does not regulate the supplement-maker's speech or the manner in which they advertise their products, just that customers show verification they are over age 18 to purchase the products.
Court: USDC Southern District of New York, Judge: Carter, Filed On: April 19, 2024, Case #: 1:24cv1881, NOS: Other Civil Rights - Civil Rights, Categories: Commerce, restraining Order, First Amendment
J. Papillion grants a New York resident’s request for an emergency temporary restraining order against a man she met online, barring him from spending a total of $380,000 she transferred into his private cryptocurrency wallet after he fraudulently represented he was using various websites allegedly owned and operated by Coinbase. She has met all four criteria for the order, which is necessary to prevent the transfer of the New Yorker’s allegedly stolen assets into unidentifiable digital wallets.
Court: USDC Eastern District of Louisiana , Judge: Papillion, Filed On: April 16, 2024, Case #: 2:24cv480, NOS: Other Fraud - Torts - Personal Property, Categories: Fraud, restraining Order, Conversion
J. Cogburn grants a pool products manufacturer’s motion for a temporary restraining order against a competitor in this ongoing trademark infringement case. A jury found in favor of the manufacturer, awarding it over $4.9 million for the competitor’s violations. Because of the manufacturer’s success at trial and likelihood it would be irreparably harmed financially without a restraining order, the competitor’s assets are frozen to prevent it from evading paying the manufacturer’s damages.
Court: USDC Western District of North Carolina, Judge: Cogburn, Filed On: April 11, 2024, Case #: 3:20cv710, NOS: Trademark - Property Rights, Categories: Corporations, Trademark, 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. Cox finds that the trial court should not have granted a temporary restraining order to prevent the defendant pipeline operator from constructing a
perpendicular pipeline under plaintiff's pipeline. The plaintiff's servitude did not state that it could prohibit underground crossings. A crossing pipeline that meets applicable spacing, depth separation limits, and other protective requirements is not certain to damage, destroy, injure, or interfere with plaintiff's pipeline. Reversed.
Court: Louisiana Court Of Appeal, Judge: Cox, Filed On: April 10, 2024, Case #: 55,534-CA, Categories: Energy, restraining Order, Contract
J. Wood finds that the lower court properly denied the non-profit group's request to enjoin ongoing construction on the Obama Presidential Center in Chicago's Jackson Park. The group cannot bring a taxpayer derivative action on behalf of the city when the city is a defendant to this suit and opposes the group's claims. Further, this court already rejected the same legal arguments alleging violations of federal environmental laws in prior opinions. Affirmed.
Court: 7th Circuit, Judge: Wood, Filed On: April 8, 2024, Case #: 22-3190, Categories: Environment, Tax, restraining Order
J. Krause finds that the trial court overseeing a request for a domestic violence restraining order properly admitted an audio recording of a husband calling his wife "a fucking moron" and other names, as well as one in which he refused to let her out of the car as he continually cursed at her in front of their children. Statute allows a domestic violence victim to record confidential communications before a restraining order petition is filed if the evidence might aid the trial court in its determination. Affirmed.
Court: California Courts Of Appeal, Judge: Krause, Filed On: April 5, 2024, Case #: C097015, Categories: Domestic Violence, restraining Order
J. Frimpong grants homeowners' application for a temporary restraining order to restrain a mortgage company's trustee's sale after it denied their request for a loan modification. The homeowners have shown that they will be irreparably prejudiced by the standard briefing schedule because of the need for a hearing date prior to the scheduled foreclosure sale date. The mortgage company has not provided evidence that it communicated with the homeowners about how to apply for any foreclosure prevention alternatives. The homeowners have established that the property is their primary residence and that they would suffer irreparable harm if the foreclosure sale continues.
Court: USDC Central District of California, Judge: Frimpong, Filed On: April 3, 2024, Case #: 2:24cv1529, NOS: Other Contract - Contract, Categories: Real Estate, restraining Order
J. Edwards upholds defendant's jury conviction for violation of a protective order and guilty plea to burglary for the kidnapping and rape of his girlfriend. Defense counsel was not ineffective for failing to object to a psychologist's testimony pertaining to coercive control relationships, especially in light of the government's overwhelming evidence against defendant. Affirmed.
Court: DC Circuit, Judge: Edwards, Filed On: March 29, 2024, Case #: 22-3058 , Categories: Ineffective Assistance, Kidnapping, restraining Order
J. Frank partially grants the minority shareholders' motion for a temporary restraining order. The majority shareholders are restrained from terminating one minority shareholder's executive employment agreement, expanding their company's board of directors, appointing a friendly consultant to the board or assigning responsibility for financial, corporate and legal decisions to one of the minority shareholders. The minority shareholders are likely to succeed in proving that the majority shareholders have breached a Stock Transfer Agreement and on their declaratory judgment claim. Public interest and balance-of-equities factors also favor granting the temporary restraining order.
Court: USDC Minnesota, Judge: Frank, Filed On: March 22, 2024, Case #: 0:24cv524, NOS: Other Contract - Contract, Categories: Corporations, restraining Order, Contract
J. Sannes declines to issue a temporary restraining order which would prohibit a healthcare provider from soliciting clinicians from an anesthesia management company following the litigant’s decision to terminate their agreement for anesthesia services. The court finds the the company’s allegations that patient care will be impacted speculative and conclusory, and further finds any potential losses could be remedied with money damages.
Court: USDC Northern District of New York, Judge: Sannes, Filed On: March 19, 2024, Case #: 5:24cv276, NOS: Antitrust - Other Suits, Categories: Health Care, restraining Order
J. Robart denies the computer hardware manufacturer's motion for a temporary restraining order in its complaint alleging that the IT services company refused to return $6.4 million-worth of Bitcoin after it failed to provide sufficient power and energy to the manufacturer's Bitcoin miners. The manufacturer does not show a likelihood of irreparable harm without a temporary restraining order because the evidence shows that the IT services company already agreed to return the manufacturer's high-powered computers, specifically on a "staggered monthly schedule extending through July of this year."
Court: USDC Western District of Washington, Judge: Robart, Filed On: March 18, 2024, Case #: 2:24cv319, NOS: Other Contract - Contract, Categories: restraining Order, Contract
J. Perry finds the lower court properly granted a protective order to a wife after a hearing concerning allegations of domestic abuse and threatening behavior by the husband after the parties had separated. The instant court finds the lower court did not abuse its discretion in granting the order, and the husband’s due process rights were not violated. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Perry, Filed On: March 13, 2024, Case #: 23-560, Categories: Due Process, restraining Order