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If a judge grants a restraining order against someone who might not warrant it, typically the only repercussion is that the defendant might appeal the order. If, however, the judge denies a restraining order and the plaintiff is killed or injured, poor publicity and an enraged community reaction may harm the jurist's career. [4] [6]
The town of Castle Rock, Colorado and its police department could not be sued under 42 U.S.C. § 1983 for failure to enforce a restraining order against respondent's husband, as enforcement of the restraining order does not constitute a property right for 14th Amendment purposes. Court membership; Chief Justice William Rehnquist Associate Justices
Restraining someone against their will is generally a crime in most jurisdictions, unless it is explicitly sanctioned by law. (See false arrest, false imprisonment). Restraint has been misused in special education settings resulting in severe injury and trauma of students and lack of education from spending school hours restrained. [2]
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Peace bonds are similar to a civil court restraining order, and are also based on the lesser burden of proof of civil law. [citation needed] A peace bond can be issued by a criminal court judge or a Justice of the Peace. [2] A peace bond is usually issued when the Crown Prosecutor is convinced that a strong case does not exist against the accused.
Frankie Valli was officially granted a restraining order against his oldest son, Francesco, that will last three years. The Four Seasons singer, 90, was granted the legal order of protection by a ...
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.
Prior to the lawsuit, Hall filed a restraining order against his former music partner. ... He added, "It's very annoying to be a duo, because people always say, 'Oh, you're the tall one, you're ...
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