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The court may issue a preliminary protective order when ___________?

User Guerrilla
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1 Answer

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Final answer:

A preliminary protective order is typically issued in situations such as domestic violence, where immediate harm is threatened and requires swift legal action to prevent further abuse or maintain peace, not due to requests by governors for federal hearings, criminal matters, or indecision by state courts.

Step-by-step explanation:

The court may issue a preliminary protective order when specific circumstances that require immediate legal intervention are present. Such orders are often employed in cases of domestic violence when there is an immediate threat to the safety of an individual, to prevent further abuse or harm. Although the excerpt mentions that a governor can request a federal court hearing, it involves a criminal matter, or the state courts are unable to decide, these are not typically situations where a protective order would be issued. Instead, preliminary protective orders are typically granted swiftly to protect an individual until a full hearing can be scheduled where both parties can present their case.

Protective orders can also be issued in cases where there are risks of harassment or a breach of peace, like the instance highlighted where Pro-Life activists were prevented from forcibly stopping people from entering abortion clinics. Here, the courts have ruled that the right to assemble and express oneself does not include hindering others' access to medical services. Additionally, in discussions of prior restraint, courts generally oppose it, finding it to be a form of unconstitutional censorship unless it can be proven that the restraint is necessary to prevent imminent harm. The Constitution and various laws also establish criteria such as the requirement for probable cause, and best practices for assessing risk, which might inform when such a protective order is appropriate.

User Gaz Winter
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