5

You are correct that the existence of a lawsuit -- on First Amendment or Fifth Amendment grounds -- is not a strong basis for believing that Acosta will have his pass reinstated. People file losing lawsuits all the time. But that doesn't really tell us anything about the merits of his case, which I discuss below. Temporary restraining order: The standard ...


5

An individual does not have authority to "issue" a restraining order. In the U.S. only judges can issue such orders. The guidelines and policies for obtaining a restraining order vary by jurisdiction, although in the end a judge can issue any order he wants. So in theory you might be able to find a judge who will issue an order for any or no reason. In ...


4

The United States has a fairly strict definition of where you have an expectation of privacy, a public bus certainly isn't a private place. In public, anyone can take pictures and video of anyone or anything else. You may have some sort of case if the girl were to use those photos to knowingly help your father violate the restraining order, but it doesn't ...


3

Restraining orders are a matter of state law and the technical answer will vary by jurisdiction. However, abusing a restraining order to harass someone is the kind of behavior that will make you look unreasonable to a judge (and unafraid of your abuser) and hurt you in subsequent actions before that judge, such as in a divorce or when you are seeking to ...


2

There are different "flavors" of restraining orders. The most obvious one involves the threat...or reasonable fear thereof...of physical harm. i.e. a domestic abuse case. This type of restraining order is often granted "ex parte" by a judge, solely on the basis of the would-be-victim's uncorroborated testimony. The court wishes to err, if it must err, in ...


1

Does suspension of a privilege few people get justify a temporary restraining order on 5th amendment grounds? We don't know, the White House doesn't know and CNN don't know - that's why its going to court. When you commence a lawsuit, you ask for the relief you believe you are entitled to - the court decides if you are or are not entitled to that relief. ...


1

The most common situation when a homeowner would be ejected from a home that he owns or co-owns would be as temporary orders in a divorce case, pending a permanent orders award governing all issues in the case. In part, this is because a divorce court could usually award the house to either party without regard to title if it were owned by either party (...


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