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In the United States, every state has some form of domestic violence restraining order law, [28] and many states also have specific restraining order laws for stalking [29] and sexual assault. [30] In the US, each state has its own restraining order laws, but they tend to be divided into five main types.
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Such an order may later be overturned or vacated during the litigation; or it may become a final order and judgment, subject then to appeal. In the area of domestic violence, U.S. courts will routinely issue a temporary order of protection (TOP) (or temporary protective order, TPO) to prevent any further violence or threat of violence.
Castle Rock v. Gonzales, 545 U.S. 748 (2005), is a United States Supreme Court case in which the Court ruled, 7–2, that a town and its police department could not be sued under 42 U.S.C. § 1983 for failing to enforce a restraining order, which had led to the murders of a woman's three children by her estranged husband. [1]
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The Biden Administration is vowing to use the "whole of government" to fight Texas' new abortion law. Planned Parenthood is taking matters into its own hands by filing a temporary restraining ...
To determine which state has proper jurisdiction to make an "initial determination" of child custody, the UCCJEA proceeds in the following order of priority: The state which is the "home state" of the child, or was the child's home state within six months immediately before the commencement of child custody proceedings if the child is absent ...
Alexander, who had a history of suffering domestic violence from Gray, and had been previously accused of domestic violence herself, and who had recently been released from jail, returned to Gray's house, despite him having a restraining order forbidding her presence at the house, sought self-defense immunity prior to trial but was unsuccessful. [4]