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In order to establish the constitutionality of a provisional remedy, two cases must be distinguished. The 3-part test established in Matthews determines whether a prejudgment remedy meets the constitutional requirements when Government seeks deprivation on its own initiative. The court must take into consideration the private interest of the ...
Federal law requires that all states give "full faith and credit" to every portion of a restraining order issued by any state provided that certain minimum due process requirements are met. [22] Thus a state with very lax standards for issuing a restraining order may enter such a protective order, and every state and federal territory would be ...
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.
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The temporary restraining order will remain in effect until an Oct. 3 hearing, when Urias will consider motions seeking a preliminary injunction that could further block enforcement of the public ...
A provisional measure of protection is the term that the International Court of Justice (ICJ, World Court) uses to describe a procedure "roughly equivalent" [1] to an interim order (which can be either a temporary restraining order or a temporary directive order) in national legal systems.
Although the order may be granted only in a specific state, full faith and credit requires that it be enforced in other states as though the order was granted in their states.18 U.S.C. § 2265 [53] Part of the law's restraining orders included the ability to enforce domestic violence protection orders which barred people subject to family ...
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