Court order: Difference between revisions
Consbuonomo (talk | contribs) title |
Geraldmpiper (talk | contribs) No edit summary |
||
| (One intermediate revision by one other user not shown) | |||
| Line 5: | Line 5: | ||
}} |
}} |
||
A '''court order''' is an official proclamation by a [[judge]] (or panel of judges) that defines the legal relationships between the parties to a [[ |
A '''court order''' is an official proclamation by a [[judge]] (or panel of judges) that defines the legal relationships between the parties to a [[hearing (law)|hearing]], a [[lawsuit|trial]], an [[appeal]] or other court proceedings.<ref>{{Cite web |title=court order |url=https://www.law.cornell.edu/wex/court_order |access-date=2024-07-19 |website=LII / Legal Information Institute |language=en}}</ref> Such ruling requires or authorizes the carrying out of certain steps by one or more parties to a case. A court order must be signed by a [[judge]]; some jurisdictions may also require it to be [[notary public|notarized]]. |
||
==Content== |
==Content== |
||
The content and provisions of a court order depend on the type of proceeding, the phase of the proceedings in which they are issued, and the procedural{{efn|see e.g., [[criminal procedure]], [[civil procedure]]}} and evidentiary{{efn|see e.g., [[federal rules of evidence]]}} rules that govern the proceedings. |
The content and provisions of a court order depend on the type of proceeding, the phase of the proceedings in which they are issued, and the procedural{{efn|see e.g., [[criminal procedure]], [[civil procedure]]}} and evidentiary{{efn|see e.g., [[federal rules of evidence]]}} rules that govern the proceedings. |
||
An order can be as simple as setting a date for [[trial (law)|trial]] or as complex as restructuring contractual relationships by and between many [[corporation]]s in a multi-[[jurisdiction (area)|jurisdictional]] dispute. |
An order can be as simple as setting a date for [[trial (law)|trial]] or as complex as restructuring contractual relationships by and between many [[corporation]]s in a multi-[[jurisdiction (area)|jurisdictional]] dispute. It may be a final order (one that concludes the court action), or an interim order (one during the action). Most orders are written, and are signed by the judge. Some orders, however, are spoken orally by the judge in open court, and are only reduced to writing in the [[transcript (law)|transcript]] of the proceedings. |
||
== |
==Examples== |
||
The following represents a small sampling of matters that are commonly dictated by the terms of a court order: |
The following represents a small sampling of matters that are commonly dictated by the terms of a court order: |
||
*[[ |
* [[Child custody]] {{flagicon|US}} {{flagicon|UK}} |
||
| ⚫ | |||
| ⚫ | |||
| ⚫ | |||
| ⚫ | |||
| ⚫ | |||
| ⚫ | |||
| ⚫ | |||
* [[Injunction]] |
|||
| ⚫ | |||
* [[Restitution and unjust enrichment]] |
|||
| ⚫ | |||
| ⚫ | |||
| ⚫ | |||
*Temporary protective order {{flagicon|US}} {{flagicon|Ireland}} |
*Temporary protective order {{flagicon|US}} {{flagicon|Ireland}} |
||
| ⚫ | |||
| ⚫ | |||
| ⚫ | |||
| ⚫ | |||
| ⚫ | |||
| ⚫ | |||
| ⚫ | |||
| ⚫ | |||
| ⚫ | |||
| ⚫ | |||
===U.S. interim order=== |
===U.S. interim order=== |
||
One kind of interim court order is a [[temporary restraining order]] '''(TRO)''', to preserve the [[status quo]]. |
One kind of interim court order is a [[temporary restraining order]] '''(TRO)''', to preserve the [[status quo]]. 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''') |
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. |
||
In [[family law]], temporary orders can also be called ''pendente lite'' relief and may include grants of temporary [[alimony]], [[child custody]], and/or [[ |
In [[family law]], temporary orders can also be called ''pendente lite'' relief and may include grants of temporary [[alimony]], [[child custody]], and/or [[contact (law)|visitation]]. |
||
== |
==See also== |
||
* [[Anti-social behaviour order]] {{flagicon|UK}} |
* [[Anti-social behaviour order]] {{flagicon|UK}} |
||
| ⚫ | |||
| ⚫ | |||
* [[ |
* [[Judge]] |
||
| ⚫ | |||
* [[Lawburrows]] {{flagicon|Scotland}} |
* [[Lawburrows]] {{flagicon|Scotland}} |
||
* [[Lawsuit]] |
* [[Lawsuit]] |
||
* [[Judge]] |
|||
| ⚫ | |||
* [[Trial]] |
* [[Trial]] |
||
| ⚫ | |||
==Notes== |
==Notes== |
||
| Line 51: | Line 53: | ||
{{Authority control}} |
{{Authority control}} |
||
[[Category:Court orders]] |
[[Category:Court orders]] |
||
Revision as of 22:34, 19 July 2024
 | This article has multiple issues. Please help improve it or discuss these issues on the talk page. (Learn how and when to remove these template messages)
|
A court order is an official proclamation by a judge (or panel of judges) that defines the legal relationships between the parties to a hearing, a trial, an appeal or other court proceedings.[1] Such ruling requires or authorizes the carrying out of certain steps by one or more parties to a case. A court order must be signed by a judge; some jurisdictions may also require it to be notarized.
Content
The content and provisions of a court order depend on the type of proceeding, the phase of the proceedings in which they are issued, and the procedural[a] and evidentiary[b] rules that govern the proceedings.
An order can be as simple as setting a date for trial or as complex as restructuring contractual relationships by and between many corporations in a multi-jurisdictional dispute. It may be a final order (one that concludes the court action), or an interim order (one during the action). Most orders are written, and are signed by the judge. Some orders, however, are spoken orally by the judge in open court, and are only reduced to writing in the transcript of the proceedings.
Examples
The following represents a small sampling of matters that are commonly dictated by the terms of a court order:
- Child custody
- Child support
- Court dates
- Criminal sentences
- Divorce decree
- Emergency protective order
- Equitable remedy
- Gag order
- Injunction
- Lawsuit rulings
- Restitution and unjust enrichment
- Restraining order
- Search warrant
- Stay of execution
- Temporary protective order
U.S. interim order
One kind of interim court order is a temporary restraining order (TRO), to preserve the status quo. 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.
In family law, temporary orders can also be called pendente lite relief and may include grants of temporary alimony, child custody, and/or visitation.
See also
Notes
- ^ see e.g., criminal procedure, civil procedure
- ^ see e.g., federal rules of evidence
References
- ^ "court order". LII / Legal Information Institute. Retrieved 2024-07-19.
