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Topic: Restraining order

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	Injunction - Wikipedia, the free encyclopedia
		An injunction is an equitable remedy in the form of a court order that either prohibits or compels ("restrains" or "enjoins") a party from continuing a particular activity.
		The party that fails to adhere to the injunction faces civil or criminal contempt of court and may have to pay damages or sanctions for failing to follow the court's order.In some cases breaches of injunctions are considered as serious criminal offences that merit arrest and possible prison sentences.
		Once the order is secured, the trespasser violates it at his own peril, risking fines and imprisonment for contempt of court.
	en.wikipedia.org /wiki/Restraining_order (746 words)

	Colorado Domestic Abuse Restraining Orders - Colorado Springs Attorney Gustafson
		In domestic restraining orders, the person restrained is ordered to stay away from the protected person, usually by 100 feet, and to stay away from the protected person's residence and place of employment, and perhaps children.
		A permanent injunction (restraining order) may be obtained in a separate County Court lawsuit, and the separate action may be transferred to the divorce court and heard by the judge presiding over the divorce action.
		However, the restrained person shall not be entitled to return to the residence until such time as a valid writ of restitution is executed, filed with the court issuing the restraining order, and the restraining order is modified accordingly.
	www.restraining-orders-colorado-springs.com (7806 words)

	Restraining Order
		An injunction or temporary restraining order is an order from the court prohibiting a party from performing or ordering a specified act, either temporarily or permanently.
		The injunction or order is normally limited to execution within the issuing district, but may extend outside the district or state upon order of the court if the court has personal (in personam) jurisdiction over the named individual or under statutory authority– i.e., in trademark and copyright cases.
		The injunction or order is served by a U.S. Marshal or another person, presumably a law enforcement officer, specifically appointed by the court in accordance with Federal Rule of Civil Procedure 4.1(a).
	www.usmarshals.gov /process/restraining.htm (319 words)

	Oikeuslaitos - Restraining order
		By a restraining order, the life, health, liberty or inviolability of a person may be protected by prohibiting another person from taking contact with him or her.
		A petition for a restraining order is filed with the police or directly with a district court; the petition may be written or oral.
		The violation of a restraining order is a punishable offence.
	www.oikeus.fi /16077.htm (432 words)

	Wallis & Associates Restraining Order Library - The Court Hearing (Site not responding. Last check: 2007-10-31)
		You will be ordered to return on that new date if you wish to oppose the requests and you will be told that any temporary restraining orders obtained by the protected person will continue to be in effect until the new court hearing date.
		If the person defending against the temporary restraining order does not attend but has called the Court and has a good excuse for not being present, the judge may postpone the hearing and give him or her one more chance to show up to defend against the action.
		If the person defending against the temporary restraining order does not attend by the time your case is called, and has not called with a good excuse, the judge will issue most likely issue the requested orders (assuming sufficient evidence) and issue the order for 3 years.
	www.wallis-associates.com /restraining-court.htm (908 words)

	Restraining Orders
		As with restraining orders to preserve property, most provinces have family law legislation allowing judges to place restraining orders on one of the spouses to protect the other from abuse.
		The lawyer of the spouse needing a restraining order presents the case to the judge on a specified date, using witnesses or affidavits.
		Restraining orders made in a family court action are often only valid in the province in which they are made.
	research.lawyers.com /Restraining-Orders.html (1065 words)

	A Special Petition about a Restraining Order in Another State: When a Section of a Restraining Order Statute Has Not ...
		Cobaka’s obligation under the court order not relieved by the word "may." A finding that her failure to notify Quill of her intended attendance is sufficient to constitute contempt is appropriate.
		Given that an abuse-prevention order is based not on an act by a potential defendant but on the alleged fear of the accuser, an abuse-prevention order is characterized as a civil action.
		Where Quill was at the condominium by order of the family court and had no knowledge that his estranged wife would appear at the planned inspection by the appraiser, he could not have formed the intent to produce or produce detrimental effects within the Commonwealth.
	www.falseallegations.com /drano94-restraining-order-in-another-state.htm (5843 words)

	Safety & Protection - Temporary Restraining Order
		The order is free, and the victim doesn't need an attorney to get one although an attorney is recommended if the abuser contests the restraining order.
		A person who violates a Restraining Order can be arrested, tried for contempt of court or any crime committed, and if found guilty, can be fined or put in jail.
		The restraining order is effective, legally, as soon as the court grants it; however, it cannot be effective in a practical sense until the abuser knows it exists.
	www.mvwcs.com /safety/restrainingorder.html (663 words)

	District Courts- Restraining Order Following a Hearing
		A restraining order may be issued only against the respondent named in the petition except that if the respondent is an organization, the order may be issued against and apply to all members of the organization.
		The restraining order may be granted for up to two years.
		Within 24 hours, a copy of the restraining order MUST be forwarded by the court administrator to the local law enforcement agency with jurisdiction over the residence of the applicant.
	www.co.dakota.mn.us /courts/restraining_order_following_hearing.htm (433 words)

	Restraining Order Process
		All restraining orders are reviewed by a Judge between the hours of 8:30 A.M. and 4:30 P.M. in a courtroom you will be instructed to appear in.
		For the Judge to issue a restraining order, the Judge must determine that the person seeking the order is in fear of the defendant.
		A violation of the order is a criminal offense.
	www.medfordpolice.com /restraining_order_process.htm (662 words)

	Restraining order
		The purpose of the Act on the Restraining Order is to prevent crimes and to improve the possibilities to interfere with severe harassment.
		A restraining order means that in order to protect the life, health, freedom or peace of a person, another person may be ordered not to contact him/her.
		A restraining order may be imposed also when the person protected by the order and the person on whom the restraining order is imposed live in the same household.
	www.poliisi.fi /poliisi/home.nsf/pages/661B61F339C867ADC2256F700048D25E?OpenDocument (96 words)

	Connecticut Restraining Order Information for Domestic Violence
		A Restraining Order (also called a Relief from Abuse Order) is a paper which is signed by a judge and tells your abuser to stop the abuse or face serious legal consequences.
		If you were not granted a Restraining Order because your relationship with the abuser does not qualify as a “family or household member,” you may be able to seek protection through the criminal law system.
		Your order is good everywhere in the state. If you move to a new county you should contact the court clerk in that county to make sure that they have a copy of your Restraining Order on file, and that the police are aware of it as well.
	www.womenslaw.org /CT/CT_how_to.htm (4456 words)

	Restraining order requests more than double in 5 years
		There should be a presumption that custody should not be awarded to individuals who have been found to have made false or flimsy allegations of abuse in order to gain sole custody of their children.
		Johnson said some lawyers are using the order hearings in place of pretrial divorce hearings in attempts to get the judge to decide issues such as temporary child custody, child support and alimony.
		South Carolina allows a person to request a restraining order in Family Court if the person has been abused or threatened by a spouse, former spouse, household member, relative or parent.
	www.ancpr.org /restraining_order_requests_more_.htm (674 words)

	Restraining Order Violations
		The two types of court orders are “protective orders” and “restraining orders.” Failure to follow the court's order can cause the defendant to be taken into custody if out on bail or otherwise released.
		Protective orders are common in domestic violence cases and can last for as long as the violator has been placed on probation, often up to five years.
		While the judge or district attorney can issue a restraining order in connection with a criminal case, this type of order is more typically associated with a civil matter.
	www.ronaldbrower.com /practice-areas/restraining-orders.html (289 words)

	Salon Mothers Who Think \| Hitting below the belt (Site not responding. Last check: 2007-10-31)
		Stewart was convicted in June of violating a restraining order that prohibited him from exiting his car near his ex-wife's home.
		For years, fathers groups have argued that orders of protection, intended as a shield for victims of domestic violence, often are misused by unscrupulous pseudo-victims and overzealous courts.
		While the Massachusetts Supreme Judicial Court ruled in 1990 that a simple claim of fear was not a sufficient basis for a restraining order -- and set a threshold of "reasonable" fear of "imminent serious physical harm" -- courts routinely ignore this standard.
	www.salon.com /mwt/feature/1999/10/25/restraining_orders/index.html (1094 words)

	Temporary Restraining Order -- ACLU v. Reno II
		For the purposes of the resolution of this motion for a temporary restraining order, I assume that strict scrutiny should be applied to COPA to determine if it is narrowly tailored to achieve a compelling governmental interest.
		However, the defendant has suggested that for purposes of disposition of the motion for temporary restraining order, the Court should assume that some of the plaintiffs are entities covered by COPA that engage in activities regulated by COPA.
		In addition, the Court concludes that for purposes of the temporary restraining order, the plaintiffs have raised serious and substantial questions as to whether some of the materials posted on their Web sites are covered by the Act as material harmful to minors.
	www.epic.org /free_speech/copa/tro.html (1957 words)

	California Restraining Order \| Skilled Los Angeles Criminal Defense Lawyer \| Temporary, Violation, Harassment \| Stephen ...
		To qualify for a Domestic Violence Restraining Order you must have a relationship with the person you are seeking the order against.
		If, after the hearing, the Restraining Order is violated, the abuser can be found to be in contempt of a court order and this violation may be treated as a criminal matter that could result in serious consequences, including jail time.
		A hearing is needed for a judge to determine whether or not a Restraining Order is necessary.
	www.lacriminaldefenseattorney.com /RestrainingOrders.html (1042 words)

	IBS Statutory Restraining Order
		Notwithstanding the provisions of this paragraph, defendants shall transfer possession of all assets of the receivership defendants pursuant to paragraph VI of this Order.
		IT IS FURTHER ORDERED that William Walt Pettit is appointed temporary Receiver for the IMC Common Enterprise and any affiliates or subsidiaries of the IMC Common Enterprise (hereinafter referred to as the "receivership defendants"), with the full powers of an equity receiver.
		IT IS FURTHER ORDERED that this Order shall remain in full force and effect until further order of this Court, and that this Court retains jurisdiction of this matter for all purposes.
	www.cftc.gov /enf/00orders/enfibssro.htm (1963 words)

	California Domestic Violence Restraining Order Info
		A Domestic Violence Restraining Order (DVRO) is a civil court order that is signed by a judge and tells your abuser to stop the abuse or face serious legal consequences. It offers civil legal protection from domestic violence to both women and men victims.
		Order the abuser not to assault, threaten, abuse, follow, harass, or interfere with you, your children, or people you live with in person, at work, on the telephone, or by other means;
		Your order does not have to be certified to be enforced, but in some counties, law enforcement demand a certified copy anyway.
	www.womenslaw.org /CA/CA_how_to.htm (5714 words)

	Certification of Protection/Restraining Order (Site not responding. Last check: 2007-10-31)
		Assuming the prima facie validity of a order thus certified, it is our position that the non-issuing court need not/should not inquire as to the validity of a certified temporary or final order until such time as the defendant challenges the validity or duration of the foreign order.
		We hope that far fewer inappropriate 'mutual' orders will be issued; and the limited safeguards against such orders in VAWA may accrue to the benefit of abused women who never require, as well as those who need, enforcement in a non-issuing jurisdiction.
		Where courts extend full faith and credit to orders of issuing states, the burden on the judicial resources of the foreign state may be reduced by eliminating the necessity of battered women filing anew for civil restraining/protection orders when relocating to or working in a second state.
	www.vaw.umn.edu /documents/ffc/restrain/restrain.html (798 words)

	Domestic Violence Restraining Order
		A domestic violence restraining order is an order that helps protect you from someone who is abusive.
		These orders will expire with the restraining order, so the Court may require you to file a Family Law case in the county where the custodial parent and the children normally reside.
		You may request a Domestic Violence Restraining Order, against your spouse or former spouse; person you are dating; lover; mother or father of your child; anyone related to by blood, marriage or adoption (example: mother, father, child, brother, sister, grandparent, in-law); or person who regularly lives in your home.
	www.saccourt.com /restorder/dom_violence/domestic.asp (878 words)

	SignOnSanDiego.com > News > State -- Report: Serious flaws exist with state's restraining order law
		SANTA ANA – Nearly one-third of all restraining orders issued in California aren't served and hundreds aren't entered into a state database because of delays and inconsistencies in the way the law is applied and enforced, according to a newspaper report.
		In other instances, orders that are supposed to be processed in one day can take several days because of contradictory and confusing rules or delays at the courthouse.
		In California, those who are subjected to a restraining order are required to turn in any firearms to police within 24 hours – but no one enforces it and the state has no formal procedure for doing so, the newspaper said.
	www.signonsandiego.com /news/state/20060319-1340-ca-restrainingorderflaws.html (830 words)

	Paris Restrained, Except at Parties - Mar 08, 2006 - E! Online News (Site not responding. Last check: 2007-10-31)
		Mar 8, 2006, 3:15 PM PT Restraining orders are undoubtedly not hot, but leave it to Paris Hilton to find a way to keep the legal system from affecting her social life.
		On Monday, a court commissioner signed off on an unusual keep-away order that prevents the hotel heiress from coming within 100 yards of event planner Brian Quintana--unless, that is, the dueling duo happen to be attending the same function.
		According to Hilton's attorney, Howard Weitzman, the restraining order is also a victory for his client, as she wants nothing to do with Quintana and would prefer to keep her distance from him.
	www.eonline.com /News/Items/0,1,18523,00.html?fdnews (598 words)

	How to Extend a Restraining Order
		If you would like to extend (continue) your restraining order, at least one month before the restraining order is due to run out, you must ask the court to extend it.
		If you need to make any changes to the order, such as if you have moved or visitation orders need to be reworked, tell the judge now.
		If the defendant violates the restraining order, you will need the certified copy to show the police that the order is still in effect.
	www.larcc.org /pamphlets/children_family/extend_restraining_order.htm (947 words)

	New Jersey Coalition For Battered Women
		First you obtain a temporary restraining order which is good for a maximum of ten days, unless the court extends the time.
		In order for the temporary restraining order to be made final, a hearing must be held before a judge of the Superior Court within the ten-day period.
		In New Jersey, final restraining orders last until the court, upon application of one of the parties, vacates the order.
	www.njcbw.org /legalro.htm (572 words)

	Restraining Order Hearings
		The abuser is a spouse, former spouse, adult relative (related by blood, adoption or marriage), person living in the same house as you, person who has lived in the same house with you within the last two years, or the other parent of your child.
		You can get the necessary forms and instructions for a FAPA restraining order from the circuit court clerk at your county courthouse.
		FAPA orders are valid for one year, and may be renewed for a good reason.
	www.osbar.org /public/diy/RestrainingOrderHearings.html (255 words)

	Publicola: New Orleans Restraining Order & The NRA
		I admit I do not know the procedures for filing for a restraining order in New Orleans & what standing is considered to be in that state, but off the top of my head I'd think that it'd be worth trying rather than waiting.
		The SAF didn't hesitate to mention they were in it with the NRA but yet the NRA omitted them from all the press releases I've seen concerning the matter.
		But the restraining order does seem to leave a lot to be desired.
	publicola.mu.nu /archives/2005/09/27/new_orleans_restraining_order_the_nra.html (1944 words)

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