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A restraining order or protective order[ a ] is an order used by a court to protect a person in a situation often involving alleged domestic violence, child abuse, assault, harassment, stalking, or sexual assault. Restraining and personal protection order laws vary from one jurisdiction to another but all establish who can file for an order ...
XIV, Due Process Clause. 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 ...
Protective order, also called an 'order of protection' or restraining order – one very common feature of any conditional release, whether on bail, bond or condition, is a court order requiring the defendant to refrain from criminal activity against the alleged crime victim, or stay away from and have no contact with the alleged crime victim.
In jurisprudence, double jeopardy is a procedural defence (primarily in common law jurisdictions) that prevents an accused person from being tried again on the same (or similar) charges following an acquittal or conviction and in rare cases prosecutorial and/or judge misconduct in the same jurisdiction. [1] Double jeopardy is a common concept ...
Expungement in the United States is a process which varies across jurisdictions. Many states allow for criminal records to be sealed or expunged, although laws vary by state. Some states do not permit expungement, or allow expungement under very limited circumstances. [1] In general, once sealed or expunged, all records of an arrest and of any ...
Criminal procedure. The Confrontation Clause of the Sixth Amendment to the United States Constitution provides that "in all criminal prosecutions, the accused shall enjoy the right ... to be confronted with the witnesses against him". The right only applies to criminal prosecutions, not civil cases or other proceedings.
Other separately enacted laws have created other rights for crime victims, including the opportunity for a victim to obtain a judicial order of protection from harassment by a criminal defendant. Proposition 8 established the right of crime victims to obtain restitution from any person who committed the crime that caused them to suffer a loss.
An injunction is an equitable remedy [a] in the form of a special court order that compels a party to do or refrain from specific acts. [1] ". When a court employs the extraordinary remedy of injunction, it directs the conduct of a party, and does so with the backing of its full coercive powers." [2] A party that fails to comply with an ...