2019 Abuse/Harassment

A defendant appeals the issuance of a permanent restraining order. There is a proper procedure for doing this that needs to be followed. For many defendants, by the time they realize what a 209a restraining order has done to them, it is too late to properly appeal such decisions.

In this appeal the panel attempts to clarify the proper procedures to be used in issuing a harassment order, and then appealing it.

One family member gets a 209a restraining order against another family member in order bring abuse to an end.

A student gets a harassment order against a professor at a prestigious school. The school appeals and not surprisingly wins against a pro se litigant

The plaintiff had obtained a 209a restraining order, but upon review it became clear there was no basis for that order, instead a 258E harassment order was obtained, which requires little

It's a harassment order, they're hard to stop. Its a good opinion to read if one wishes to find out about the seedy life of some of our citizens

A restraining order issued, the defendant didn't think it should be entered, however the facts presented were sufficient, and the panel affirmed the order

In this case the appellant sought a permanent restraining order but was instead granted a two year order, which led to this appeal. The appellant believed that they had a right to a permanent order, the lower court and this panel disagreed.

It is interesting to note that legal counsel for the appellant argued for a permanent order based on the TRACY MacDONALD vs. KEVIN CARUSO case, arguing that that case provided a basis for when a permanent order must issue. That case gives a basis for when a permanent order may be challenged and vacated.

The basis for the restraining order is never discussed, although it is pointed out that the recipient of the restraining order is a double leg amputee, which makes it difficult to believe that the restraining order was justified in the first place

In this case an appellant tries to get an order extension overturned. The standard for extending an abuse prevention order after the first two party hearing is pretty low, so the order was extended.

It's a harassment order, there is a standard that must be met. The standard was not met, the order vacated

It's a harassment order, there is a standard that must be met. The standard was not met, the order vacated

Renewal of a 209a restraining order, although it does not appear the standard for issuing a restraining order is met, it is renewed

The appeallant attempted to terminate a permanent restraining order, and did not succeed this appeal followed. The panel found no error in the denial to terminate the permanent restraining order.

Quite the mess of a restraining order, it is unclear if there was ever a reason for the order

Its easy to get a harassment order they are hard to stop

The plaintiff seeks an extension of a restraining order, the judge declines.

There is a standard for issuing a 209a restraining order, it does appear that the standard was reached in this case based upon what is stated in this opinion

Its a harassment order and the order is vacated

A plaintiff attempts to get a 209a restraining order, but the testimony does not support the restraining order, so they try for a harassment order, that order is the subject of this case and it is vacated

Based upon the what is stated in this opinion, it is unclear if there was a basis for the issuance of a restraining order. It is clear there is an issue with the behavior of the appellant but it is unclear that that behavior justifies a 209a restraining order.

There does not appear to be a basis for this 209a restraining order and it is vacated.

K.H. vs. C.E.T.-Q.z Brennan

Rubin, Wolohojian, Blake

It is a 209a restraining order, although there is initially no basis for the order, after further testimony there is.

A 209a restraining order is obtained at an ex parte hearing. At the next hearing it is vacated

It's difficult to tell why this restraining order was issued, it was made permanent and the panel remands it on that issue.

It's difficult to tell why this restraining order was issued, it was made permanent and the panel remands it on that issue.

A harassment order is issued but the basis for one is not reached so it is vacated

Its a harassment order

Its a harassment order

At a 209a abuse order renewal hearing a lower court judge did not hear from either party, therefore the decision was remanded

Its a harassment order

The defendant has a 209a restraining order against them, but they think that because they are incarcerated it is unnecessary, the panel disagrees

It doesn't appear there was any justification for this restraining order, but it is affirmed none the less.

It doesn't appear there was any justification for this restraining order, but it is affirmed none the less.

L.L. vs. M.M. Welsh

Green, C.J., Hanlon, Maldonado

The defendant argues that there is no longer a need for a 209a restraining order, that decision is up to the court, and the order is continued

A harassment order and it is vacated

A harassment order

A harassment order and it is vacated

A harassment order

At a retraining order extension hearing, when the lower court judge learns that the order has been largely ignored by both parties, the order is not extended

The defendant claims there was insufficient evidence to justify the issuance of a restraining order. Although the panel claims that there was sufficient evidence, what they present in this opinion does not rise to a reasonable level

The defendant believes that because they have behaved for two years the 209a restraining order should not be renewed. While the argument might make sense, that is not the way the this law works

A harassment order issues, but the plaintiff is unhappy with the duration of the order, however since the court makes the orders and the plaintiffs simply ask for the order, the order stands as is.

P.W. vs. J.K. Curran

Green, C.J., Wolohojian, Wendlandt

A harassment order and it is vacated

A harassment order