CASE SUMMARY: Rodolfo Silva v. Tammi Callahan, 11-P-794

Thursday, July 26, 2012

Rodolfo Silva v. Tammi Callahan, 11-P-794

The Appeals Court reversed the issuance of two restraining orders against the Defendant.  Based on the evidence, Defendant could not reasonably be said to have placed the Plaintiff in fear of imminent serious physical harm.  Text messages, stating in part “lying son of a bitch,” which was believed by the judge to be non-harassing, and a complete absence of history of physical violence by the Defendant, were not grounds to issue the initial restraining order, which negated the need for an extension.  The Appeals Court vacated the restraining orders and expunged all records of the restraining orders against the Defendant.