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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.
Collins Dictionary of Business, 3rd ed. © 2002, 2005 C Pass, B Lowes, A Pendleton, L Chadwick, D O’Reilly and M Afferson


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.

The Complete Real Estate Encyclopedia by Denise L. Evans, JD & O. William Evans, JD. Copyright © 2007 by The McGraw-Hill Companies, Inc.
References in periodicals archive ?
922(d) (8), it is a federal crime to knowingly sell or transfer a firearm or ammunition to a person subject to a qualifying order of protection. It is also a federal crime for a purchaser of a gun to knowingly make any false or fictitious oral or written statements likely to deceive gun sellers with respect to any facts material to lawfulness of the sale.
Municipal liability in Berliner rests on two distinct theories: breach of a civil duty, the failure to serve the order of protection; and the breach of a criminal duty, the failure to intervene and apprehend Robert before the murder.
A petition for an order of protection may be filed by a person who has been abused by a family or household member.
According to the DVA, "If a court finds, after a hearing, that respondent has committed abuse (as defined in Section 103) of a minor child, there shall be a rebuttable presumption that awarding temporary legal custody to respondent would not be in the child's best interest." (11) In Sutherlin v Sutherlin, the fifth district reversed the trial court's decision not to grant temporary custody to the petitioner after granting an order of protection. (12)
Randolph Costa told the New York Post that they love each other and that he wants the order of protection to be dropped, so that both of them can get married.
Estella Kaiser, 36, listed as homeless, was arrested on charges of violation of an order of protection, at Tanner Park on the east side of town.
According to an order of protection filed by Eastwood, when Chisum was confronted by Tehama security personnel, he claimed to be Eastwood's son and refused to leave the premises, Radar Online reported.
*Daniel Alumbaugh, 42, no address listed, was charged with committing the offense of violation of an order of protection July 21 when he was within 500 feet of a northwest side residence with order to have no contact with the resident.
Berry, 46, obtained an emergency order of protection to keep Aubry away from her, their daughter and Martinez.
Carr also announced last week that Kenneth Derossett, 43, of Wolf Lake pleaded guilty to charges of aggravated domestic battery and violating an order of protection.
Jordan has been convicted for harassing and stalking the "Kill Bill" actress in 2008 and was arrested in December of 2010 for alleged violation of an order of protection.
He was arrested Monday afternoon after a sheriff's deputy served him with an order of protection at his home.