Protective Order
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Protective Order
Protective order may refer to: *Injunction *Restraining order A restraining order or protective order is an order used by a court to protect a person in a situation often involving alleged domestic violence, child abuse and neglect, assault, harassment, stalking, or sexual assault. Restraining and perso ... *In civil discovery under United States federal law, an order restricting or setting terms for disclosure or discovery {{disambig ...
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Injunction
An injunction is an equitable remedy in the form of a special court order compelling a party to do or refrain from doing certain acts. It was developed by the English courts of equity but its origins go back to Roman law and the equitable remedy of the "interdict". "When a court employs the extraordinary remedy of injunction, it directs the conduct of a party, and does so with the backing of its full coercive powers."'' Nken v. Holder''556 U.S. 418, 428 (2009) (citation and internal quotation marks omitted). A party that fails to comply with an injunction faces criminal or civil penalties, including possible monetary sanctions and even imprisonment. They can also be charged with contempt of court. Rationale The injunction is an equitable remedy that was created by the English courts of equity. Like other equitable remedies, it has traditionally been given when a wrong cannot be effectively remedied by an award of money damages. (The doctrine that reflects this is the req ...
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Restraining Order
A restraining order or protective order is an order used by a court to protect a person in a situation often involving alleged domestic violence, child abuse and neglect, assault, harassment, stalking, or sexual assault. Restraining and personal protection order laws vary from one jurisdiction to another but all establish who can file for an order, what protection or relief a person can get from such an order, and how the order will be enforced. The court will order the adverse party to refrain from certain actions or require compliance with certain provisions. Failure to comply is a violation of the order which can result in the arrest and prosecution of the offender. Violations in some jurisdictions may also constitute criminal or civil contempt of court. Restraining order provisions All protective order statutes permit the court to instruct an alleged abuser to stay a certain distance away from someone, such as their home, workplace or school ("stay away" provisions), and n ...
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