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Related to Order Of Protection: Restraining order


a court order issued to a person or company requiring them to desist from behaving in ways which are harmful to other people. See CONTRACT, TORT.


A court order requiring a party to do something,or to stop doing something,until further notice.If the party fails to perform according to the injunction, then the party will be required to appear in court, defend his or her actions, and show cause why he or she should not be held in contempt of court.If held in contempt,the party may be ordered to pay a fine,may be jailed until the contempt is cured,or could suffer both consequences.

Injunctions come in three varieties:

1. Temporary restraining order (TRO). Usually obtainable with little or no notice to the defendant, sometimes as quickly as within an hour or so if the complaining party can convince a judge that there is immediate risk of irreparable harm if the restraining order is not issued.

2. Preliminary injunction. Usually issued after a TRO, if the judge decides that an injunction should remain in effect until such time as there can be a full trial on the merits of the case. Failure to obtain a TRO does not mean a judge will not issue a preliminary injunc- tion; it simply means the judge did not agree with the plaintiff's evaluation of the neces- sity for urgent action.

3. Final injunction. The final order issued by a court after it has heard all the evidence and legal arguments for and against the injunction. The order is a final order, from which the parties may appeal.

References in periodicals archive ?
15) a case emanating from a juvenile proceeding where the child was found to be abused and neglected, the first district affirmed the trial court's entry of an order of protection for physical abuse against a mother on behalf of a minor child.
The court held that the beatings exceeded reasonable discipline of the child and entered the order of protection.
Petitioners frequently make blanket allegations in court that they feel intimidated by a respondent in the hope of receiving an order of protection based on harassment.
The first district reversed the trial court's decision to enter an order of protection against the respondent husband on the grounds there was insufficient evidence to support a finding of harassment.
An order of protection is entered on the basis of interference with personal liberty if the respondent uses physical force, harassment, intimidation, or willful deprivation to compel the petitioner to "engage in conduct from which she or he has a right to abstain or to refrain from conduct in which she or he has a right to engage.
For an order of protection to issue, a victim must be abused by a family or household member.
On a practical level, the time frames set forth in the DVA further hamper a parent from presenting the same type of evidence in an order of protection hearing as in a divorce proceeding.
If a parent is willing to abuse the system, it is unlikely the trial court could discover their improper motives in an order of protection hearing.
It is far easier to restrict visitation via an order of protection then by seeking the same relief under the IMDMA.
25) In the case of In re Marriage of McCoy, (26) the fourth district makes it clear the trial court in an order of protection hearing has wide discretion to restrict visitation:
The court in McCoy seems to find that the serious-endangerment standard does not apply to the restriction of visitation under an order of protection.
Courts are understandably wary of denying an order of protection.