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Related to Stay away order: 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 ?
McLain, 30, of 142 Marlboro Road, Southboro, breaking and entering in a building in the daytime for a felony, sufficient facts found, but continued without a finding for two years, stay away order, $31.
U-11, Westboro, charged with assault and battery, continued to June 16, stay away order issued.
Auburn, charged with threatening to commit a crime (murder), threatening to commit a crime (filing a false report), and stalking, continued to May 19 on $5,000 cash bail, stay away order issued.
Athol, five counts of larceny over $250 from a person over 60/disabled, guilty, two years in the House of Correction, concurrent, suspended, probation for two years, stay away order, no contact with victim restitution of a total of $6,300.