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A Civil Harassment Restraining Order (CHO) is a form of restraining order or order of protection used in the state of California.It is a legal intervention in which a person who is deemed to be harassing, threatening or stalking another person is ordered to stop, with the goal of reducing risk of further threat or harm to the person being harassed.
Coleman v. Brown [2] [3] (Previously Coleman v. Wilson) (), is a federal class action civil rights lawsuit under the Civil Rights Act of 1871, Eighth and Fourteenth Amendment to the United States Constitution, and the Rehabilitation Act of 1973 alleging unconstitutional mental health care by the California Department of Corrections and Rehabilitation (CDCR).
Examples of infractions in California are traffic violations such as exceeding the posted speed limit, etc. Persons charged with infractions do not have the same right to trial by jury as misdemeanor defendants, notwithstanding laws that imply otherwise. [5] [6] [7] Similarly, Defendants generally do not have a right to court-appointed counsel. [8]
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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.
The state Supreme Court overruled the Appeal Courts decision and held that a municipal court judge does have "some limited right of review" over an order issued by a Superior Court judge. Since the ruling, virtually all gang injunction violation cases have been filed in Superior Court as criminal misdemeanor violations.
Lockyer v. Andrade, 538 U.S. 63 (2003), [1] decided the same day as Ewing v. California (a case with a similar subject matter), [2] held that there would be no relief by means of a petition for a writ of habeas corpus from a sentence imposed under California's three strikes law as a violation of the Eighth Amendment's prohibition of cruel and unusual punishments.
Most plaintiffs allege violations of section 17200 and 17500 concurrently, and courts often do not distinguish between these definitions of unfair competition, despite important differences between these two sections. A violation of section 17200 may not always trigger a violation of 17500.