The K-rod, a.k.a. Francisco Rodriguez case has two parts to it. The first is the initial assault, and second the harassing text message in violation of restraining order. It is alleged that he grabbed his girlfriend's father, a man in his fifties, and hit him in the face. The altercation took place at Citi Field this past August. The text messages he sent were to his girlfriend directly. The Judge has set a new court date in the matter at Queens Criminal Court, for November 10th. The violation of restraining order is something that frequently occurs in situations where the Court has entered restraints. Many people think it means no contact. No contact includes phone calls, text messages, emails, even messages sent through 3rd parties AND even if they are attempts to resolve a conflict made with the best of intentions. Thus, the 17 text messages should constitute a violation of the restraining order. The Judge extended the restraining order through March of 2011.

Regarding the assault charge, the facts are that Francisco Rodriguez, the Mets Closer, placed his hands on his girlfriend's father and struck him with a closed fist. Based upon these facts, legally, those actions constitute an assault. The question remains what the criminal sentence will be, given that this would a very difficult case to try and prevail. The defense attorney is doing a good job here because he has ensured that his client seeks anger management and counseling, and in so doing, is attempting to mitigate the matter before a plea is worked out. This strategy is the ideal way to show that the client is remorseful and hopefully secure the best plea deal available.

It is not yet clear what K-Rod's actions will cost him legally. Financially, he has cost himself $3 million at minimum. Medically or physically, of course, it has cost him an injury and surgery on his thumb.

An overzealous wrestling fan has reportedly been charged with four counts of fourth-degree threatening, one count of second-degree harassment and two counts of second-degree threatening for making threatening phone calls to the WWE headquarters. Zavr Peygumbari was apparently upset over the release of one of his favorite wrestlers, former female champ Mickie James, when he called the WWE offices in Stamford, Connecticut to make numerous threats, including reportedly over 20 phone calls. Peygumbari was arrested on Friday and held on $250,000.00 bail before it was reduce in an arraignment and bail hearing on Monday. According to Court documents, New York Police have described the 22 year old man as "emotionally disturbed." He has previous marijuana charges in his file as well. His defense attorney described him as a fervent fan who would not follow through on threats.

This is a classic example of someone being overzealous and now having real legal troubles due to his charges. Peygumbari could be facing prison time with his second-degree charges, but it sounds like he might have been given the ultimate punishment in his release on bail, he was banned from attending an future WWE shows. This is not that uncommon in criminal law that a person would be banned from victim contact pending the outcome in the case; however, in this matter the "victim" just happens to be a large company.

Evander Holyfield is guilty of hitting his wife several times, according to her recent police report, and she got a temporary protective order against him. He has not been charged, however, and police have been silent as to whether there is an ongoing criminal investigation. She claims that the boxer hit her in the face, head and back after she would not produce check stubs from church donations. Apparently, he was worried that she was not giving money to the church.

Mr. Holyfield, according to the order, is not to be within 500 yards of Mrs. Holyfield, 30 years of age, and their 6 year-old son and 5 year-old daughter, until a February 18th hearing. His third wife, Mrs. Holyfield states that emotional abuse started soon after their marriage, and that emotional and physical abuse have been escalating since then. Publicly, however, they remain steadfastly devoted to each other and their marriage.

In New Jersey, domestic violence is one person's attempt to control another via harmful acts, be they physical, sexual, emotional or verbal, with whom he or she has had a "dating" relationship, though it could be a parent or caretaker. So those who are or were dating, are or were married, have shared or share living quarters fall under the requirements. "Harmful" could include criminal acts from false imprisonment to stalking to criminal trespass. To get a "TRO" or protective order, an alleged victim files a complaint with the family division of Superior Court, where a judge will consider the history of domestic violence, whether or not the victim is in immediate danger, and what measures will sufficiently protect him or her. This is a civil legal action, but a criminal complaint may be filed as well, and once a TRO is filed the alleged abuser can be held in criminal contempt for violating it. Because it is temporary, a TRO is fairly easily obtained from the Court.

A hearing is held ten days later for the judge to determine if a final restraining order, or FRO, is warranted, and for how long. At a final hearing, both parties may speak, and offer evidence and question witnesses on the record. Therefore, of course, it is important to have the aid of an attorney if at all possible, in order to protect your rights. The boxer may be trying to exercise control over Mrs. Holyfield, and their money, and at the time of filing she had a problem with it. She claimed that he choked her in front of their daughter and that he hit her in front of their children. Later, she released a statement saying that Mr. Holyfield "has many qualities and characteristics that [she] admires and respects. We are all human." Of course, the legal system will be there for her should she determine that such behavior towards herself and around her children is not human.