KiAnte Hardin, Ray Buford, Dior Johnson -- served with restraining orders, won't play

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GopherLady

GopherLady

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I started a new thread on this one because the other one seemed to be posters bickering more with each other:

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Why no hearing until Tuesday?

If this was any other place, there would have been a hearing this morning.
 

Doing it just before a game and not a long time ago seems kinda like retribution....
 


This reeks of a Judge on a power-trip/axe to grind with athletes/the U. It is extremely common for Judges/Referees to grant an order and eliminate unduly burdensome restrictions (workplaces, public areas that both parties are likely to be in) in Ex Parte HRO's. This is deliberate to make a point.

Also, Mr Hutton could file an emergency motion today, asking for the Judge/Referee to modify the order to allow the athletes to be at the stadium (but still have no contact with the petitioner) immediately, and then the motion will be addressed at a hearing within 1 week. It is called an Ex Parte Motion for Relief. However I think it is unlikely that the Judge will grant it, since this type of motion is usually used to enhance restrictions, not lessen them. But I have seen it happen before.
 

GopherLady said:
I started a new thread on this one because the other one seemed to be posters bicker more with each other:

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Sorry I don't fully understanding the details of restraining orders, but can someone please explain to me that if no charges were ever filed that a restraining order can be served out of nowhere?
 














This smacks of "vindictiveness"....

It borders on ludicrous, and frankly, it should be able to be rectified TODAY, and if the request for the order was BASELESS, there should be a remedy / ramfications for that as well.
 

Breakin' The Plane said:
Followed by Purdue at home. We'll see what happens on the road. Do they play? Go back to being suspended?
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They haven't been charged / prosecutor passed.

So unless they did something new I don't think a protective order is grounds for discipline.
 

A_Slab_of_Bacon said:
They haven't been charged / prosecutor passed.

So unless they did something new I don't think a protective order is grounds for discipline.
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I think so too, but can't trust the U to not overreact. I am sure Mr. Hutton will fight to keep them eligible.
 

A_Slab_of_Bacon said:
They haven't been charged / prosecutor passed.

So unless they did something new I don't think a protective order is grounds for discipline.
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It's not something new. No charges filed in the alleged incident so this is the legal route through the courts the petitioner took.
 

GopherLady said:
I started a new thread on this one because the other one seemed to be posters bicker more with each other:
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No chance we'll bicker in this thread?


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Breakin' The Plane said:
Followed by Purdue at home. We'll see what happens on the road. Do they play? Go back to being suspended?
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Their hearing is on Tuesday so I'm not worried about them missing anymore than this game.

I would think they would be able to play in away games however if this isn't cleared up by then.
 


This may not be the most PC thing to ask, but are there any legal consequences for the person filing the restraining order if it is determined their allegations are false, or this was filed an attempt to make the other person's life more difficult. Forget the fact about TCF Bank Stadium, but these students might possibly not be allowed in their dorms. Where are they supposed to go?
 

UST_Gopher said:
This may not be the most PC thing to ask, but are there any legal consequences for the person filing the restraining order if it is determined their allegations are false, or this was filed an attempt to make the other person's life more difficult. Forget the fact about TCF Bank Stadium, but these students might possibly not be allowed in their dorms. Where are they supposed to go?
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Short answer, no not really. The sad thing is, in my experience, more than half of Restraining Orders filed are done mostly out of spite/the other person filed one on them. People learn exactly what they need to say for them to be granted and then use the courts as a weapon.* There are people out there who have filed literally dozens of restraining orders. I say this is sad because there are a lot of situations where an individual really does need protection, but their order isn't granted because they haven't been through the system enough to know how to manipulate it. For a pro se party, they can legally file whatever they want in a civil case, without any repurcussions (except attorney's fees, which are 99.9% of the time never awarded in HRO's) unlike in a criminal one.

PSA- If you are ever in a situation where you need a restraining order, hire an attorney.

*Not saying this is what is happening here, I do not know specifics of this situation, just speaking from general experience
 

UST_Gopher said:
This may not be the most PC thing to ask, but are there any legal consequences for the person filing the restraining order if it is determined their allegations are false, or this was filed an attempt to make the other person's life more difficult. Forget the fact about TCF Bank Stadium, but these students might possibly not be allowed in their dorms. Where are they supposed to go?
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That's some good questions...

Here's another one .. If they're all cleared from the RO and the supposed victim works at the bank or in the vicinity could there be a RO against her?

I think it's flat out wrong to file a RO if she isn't around the Bank/ student all the time ..
 

Deckergopher said:
That's some good questions...

Here's another one .. If they're all cleared from the RO and the supposed victim works at the bank or in the vicinity could there be a RO against her?

I think it's flat out wrong to file a RO if she isn't around the Bank/ student all the time ..
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That happens but I don't think you want to get in protective order slapfight.... better to limit any contact naturally.
 

Deckergopher said:
That's some good questions...

Here's another one .. If they're all cleared from the RO and the supposed victim works at the bank or in the vicinity could there be a RO against her?

I think it's flat out wrong to file a RO if she isn't around the Bank/ student all the time ..
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The players could certainly file for their own HRO's if that's the case, but it is highly unlikely that they would be granted. The conduct needs to fit the statute which CouchCoach posted in the other thread. Typically filing an HRO falsely (again, not saying that is the case here) does not meet that definition.
 



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