Restraining Orders: Case Summaries
Author: Annie L. Perry.; Julie Saffren, J.D..
Source: Volume 24, Number 03, February/March 2019 , pp.43-47(5)
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Abstract:
An extensive review of important appellate rulings on restraining orders from around the country. Connecticut: dissolution court not bound by finding on DV in restraining order proceeding; New Jersey: judge may not enter restraining order absent finding of DV; Florida: competent evidence supported injunction; North Dakota: was speech constitutionally protected? Restraining order reversed and remanded; Washington: court must consider impact of no contact order on father’s parental rights; Washington: no-contact order as condition of sentencing may not last longer than sentence; California: order prohibiting father from son’s extracurricular activities during mother’s parenting time upheld; California: husband’s restraining order request denied where wife did not act intentionally and husband’s safety was not in jeopardy; California: restraining orders issued in juvenile court can be renewed by the family court; New York: court had jurisdiction to issue order of protection on finding of violations of temporary orders.Keywords: Collateral estoppel; “equitable powers”; “competent, substantial evidence;” no-contact orders
Affiliations:
1: Contributing Editor; 2: Associate Editor.