A restraining order is a restraining order
Jun 17th, 2009 by admin
From the perspective of the Internet, divorce news out of Connecticut is always so filled with money (and drama).
On Monday, Yahoo News ran this story about what “anti-aging and skin-care guru” Dr. Nicholas Perricone’s ex-wife could say about their relationship. Apparently, back in 2005, Dr. Perricone obtained a restraining order against his former wife, Madeleine Perricone. The order prevents Ms. Perricone from discussing her divorce and is based in a confidentiality agreement developed to prevent harm to Dr. Perricone’s business enterprise (which includes best-selling books and high-end skin care products).
Ms. Perricone, who was to appear on a national TV show, took the position that the confidentiality agreement was replaced by the separation agreement in the couple’s divorce and that the First Amendment gives her the right to speak freely. The court didn’t buy it, saying that Ms. Perricone had waived her rights and that was ok if the waiver was “intelligent and voluntary”. Based on that, the public will have to make due without the details of Ms. Perricone’s allegations that her former husband cheated and emotional abused and his allegations that she had a history of mental illness and working as a call girl.
Per the Connecticut Supreme Court has said that, for them, a restraining order is a restraining order. Given that Dr. Perricone was bringing home $457,000 per month from his company, I can see why he’d be interested in protecting his privacy. The Perricones also have a daughter, and I agree with the sentiment of Dr. Perricone’s attorney that keeping the order in place has the added benefit of protecting the child from the consequences of what could have been very public exposure of private details.
UPDATE: The American Bar Association Journal has a story about this, too. It’s here. The take-home lesson (as I see it) is this: Whenever you’re signing a contract be sure it’s clearly stated when the contract ends. No expiration date could mean that you’re obligated indefinitely.