Restraining order

“ An individual commits an offence if he or she, without reasonable excuse, refuses or fails to comply with any requirement of a temporary restraining order.
(6) An individual who is guilty of an offence under subsection (5) shall be liable on conviction to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 2 years or to both. ”

“ Again, in another place, he says: 'In doubtful cases where damage may be occasioned to the defendant in the event of an injunction or interim restraining order proving to have been wrongly granted, the court will require the plaintiff, as a condition of its interference in his favor, to enter into an undertaking to abide by any order it may make as to damages.' Kerr, 622. ”

“ In maters of contempt, persons are not held liable for the breach of a restraining order or injunction unless they know or have notice, or are chargeable with knowledge or notice, that the writ has been issued or the order entered, or at least that application is to be made ”

“ With all reasonable speed authority to file an answer was obtained and acted upon, the cause was heard, and the restraining order dissolved. In the meantime the restraining order was obeyed by all, had its full effect, and inflicted its full injury upon Mrs. Munn's rights. Under these circumstances it is beyond doubt that she is entitled to recover against those who undertook to make good her injuries, the damages which she sustained. ”

“ A restraining order was accordingly made by the court in pursuance of the prayer of the bill, and it was for disobedience to this order that the parties in the Cases of Ayers, Scott, and McCabe were committed for contempt. ”

“ The bill is filed to restrain a body of workmen, who are on a strike, and other persons associated with them, from doing certain things which are alleged to be injurious to the complainant, their former employer. The things that they are restrained from doing are specified in the restraining order. That order was not made hastily. It was formulated with care on the part of the court, and I do not understand that counsel for the defendant criticises its terms on the ground that they are too broad. ”

“ The court held (209 Fed. 694) that complainant's showing as to the alleged unreasonableness of the Commission's order was not sufficiently strong to warrant an injunction to restrain its enforcement pendente lite, but the temporary restraining order was continued in force pending the present appeal, taken direct to this court under the cited section of the Code. ”

“ It addressed “whether an individual who has obtained a state-law restraining order has a constitutionally protected property interest” under the Fourteenth Amendment “in having the police enforce the restraining order when they have probable cause to believe it has been violated.” ”

“ It was later agreed 'that the temporary restraining order should remain in effect until final decision on the merits of the relief asked in the plaintiffs' bill of complaint and that hearing on plaintiffs' application for a temporary and permanent injunction should be consolidated'. ”

“ But they appear to have believed in good faith, though erroneously, that they were acting within their legal rights. Many lawyers would have so advised them. This does not excuse their conduct; the whole situation emphasized the duty of testing the restraining order by orderly appeal instead of disobedience and open defiance. ”

“ The union officials agreed on that course of action and the picketing continued.
Petitioner again sought to obtain a hearing on his motion to vacate the restraining order. But the judge said none could be had for a week. Thereupon petitioner and opposing counsel agreed to submit four pickets for a contempt hearing and to stipulate the facts. ”

“ The allegation in the answer was supported by further affidavits of the parties, which were uncontradicted. The District Court, nevertheless, granted on January 17, 1914, a temporary injunction against all the then defendants (including these eight) substantially in the terms of the restraining order. ”

“ The said defendants were duly served with process in said action and duly served with copies of said temporary restraining order on said 11th day of April, 1924, and said injunction has not been modified by said court and no further order has been made in said case by said court, and said injunction is in full force and effect.'↑ Story Const. § 545 et seq.; 1 Kent's Com. p. ”

“ But there is also an intermediate class of people upon whom the possibility of having to appear in a police court, and the strong sense of shame attached to such appearances, is an active restraining force, tending to limit, and, in cases where the proper conditions exist, gradually to narrow, the sphere of violence. ”

“ The prisoner knows this-knows that no friendly or disinterested witness is present-and the knowledge may itself induce fear. [9] But, in any case, the risk is great that the police will accomplish behind their closed door precisely what the demands of our legal order forbid: make a suspect the unwilling collaborator in establishing his guilt. This they may accomplish not only with ropes and a rubber hose, not only by relay questioning persistently, insistently subjugating a tired mind, but by subtler devices. ”

“ The family avenges all cases of assault on any of its members, no matter whether it is physical violence, abduction, rape, adultery, theft, or anything else; and no one has a right to pardon the offender except the injured person or family. Retaliation in kind, when possible, is the essence of justice among the natives—an eye for an eye, a cut for a cut, a bump for a bump, and a life for a life. When retaliation is impossible, compensation by fines is enforced. I have seen a lad carefully measure a cut that he might inflict one of a like size on his enemy. ”

“ For as he is to answer for her misbehaviour, the law thought it reasonable to entrust him with this power of restraining her, by domestic chastisement, in the same moderation that a man is allowed to correct his apprentices or children. ”

“ Your attempt, in this instance, was upon a lad, very young, and if he had been once drawn into the commission of that offence, which you attempted to commit on him, though young, what must have been the consequence? What course of life would he not be afterwards induced to follow by you?
The nature of that crime raises in all those who hear me the greatest detestation and abhorrence—abhorrence indeed, when it is committed by a married man, and one in that sacred situation in which you have been (unfortunately for mankind) placed. ”

“ The answers bring accusations and recriminations, a parade of quarrels and dissensions, angry revelations of infidelity, disgust, espionage, lies, hatred, and, when the Court exercises its legal power of depriving both parents of the custody of the child, the torture of vain regret and empty lives. There is consummate art in the picture of the emotional revolution, through which husband and wife are forced into self-damning revelations. ”

“ It is common ground that the third degree-the colloquial term for subjecting an accused to police pressures in order to extract confessions-may reach a point where confessions, although not resulting from the application of physical force, are as a matter of human experience equally the results of coercion in any fair meaning of that term and therefore not 'voluntary' in any relevant sense. ”

“ Is there any spirit of revenge in the magistrates or officers of justice when they punish criminals? Why do such, ordinarily I mean, concern themselves in inflicting punishments, but because it is their duty? and why may not a private man deliver an offender into the hands of justice, from the same laudable motive? Revenge, indeed, of all kinds is strictly prohibited; wherefore, as we are not to execute it with our own hands, so neither are we to make use of the law as the instrument of private malice, and to worry each other with inveteracy and rancour. ”

“ I know how tenaciously one will cling to the outward forms of respectability and of virtue. I know how horribly unscrupulous a criminal at bay, with the chance of setting the dogs of the law on the wrong scent, could be. To relax in my vigilance would be fatal to my innocent client, whose late mistress, the real thief, would forge other proofs of the guilt of the guiltless.
Why did I reason to myself thus? Does not innocence tremble, and lose its self-possession under the remotest suspicion of an offence? ”

“ Mistress Mary, I am not sure but that, in self-defence, we ought to become a highly specialised Something. We are now a home, a mother, a nursery, a labour bureau, a divorce court, a registry of appeals, a soup kitchen, an advisory hoard, and a police force. If we take her, what shall we be?’
‘We will see first where she belongs,’ smiled Mary. (Nobody could help smiling at Rhoda.) ‘Somebody has been neglecting his or her duty. If we can make that somebody realise his delinquencies, all the better, for the responsibility will not be ours. ”

“ If, said the judge, the inferences and theory of the prosecution were correct; if this unhappy woman, driven to desperation by her husband, and knowing where he kept his pistols, had taken his life with one of them, and afterwards manufactured the traces of a supposititious burglary; then there was no circumstance connected with the crime which could by any possibility reduce it from murder to manslaughter. The solemnity of this pronouncement was felt in the farthest corner of the crowded court. So they were to find her guilty of wilful murder, or not guilty at all! ”

“ And yet we arrest a woman, a girl really, who has come among us to help us. As a reward we arrest her! Will you honorable jurymen place a blight on the name of such a one by saying she is guilty of a crime? ”

“ Thus, where an officer arrests a citizen in an abusive manner not as the result of the exercise of poor judgment as to the force required to make an arrest, but instead because of hostility toward a suspect or a particular class of suspects (such as members of racial minority groups) or because of a willful or deliberate disregard for the rights of a particular citizen or citizens, the officer's actions are the result of bad faith and he is not immune from suit. ”

“ In the event that the court holds a person committing an act of domestic violence guilty of the offence under section 4, the court may, instead of sentencing him to any penalty, apply certain measures of reformation, treatment or correction to him, may direct him to pay an amount of relief money, carry out community service or refrain from the acts giving rise to domestic violence, or may place him under a peace bond, subject to the procedure and period of time determined by the court. ”

“ The usual motive for crimes against the person—assault, manslaughter, mayhem, murder, etc.—is the desire to punish, or be avenged upon another by inflicting personal pain upon him or by depriving him of his most valuable asset—life. And this desire for retaliation or revenge generally grows out of a recent humiliation received at the hands of the other person, a real or fancied wrong to oneself, a member of one's family, or one's property. ”

“ Trespass has become a writ of course in the common law. It still involves violence, but its element of breach of the peace extends to those breaches which do not amount to felony. It can include assault and battery, physical force to land, and physical force to chattels, e.g. assaulting and beating the plaintiff, breaking into his close, or carrying off his goods. One found guilty is fined and imprisoned. As in criminal matters, if a defendant does not appear at court, his body can be seized and imprisoned, and if he cannot be found, he may be outlawed. ”

“ To be obliged to arrest a man himself with whom he had been on friendly terms for nearly three years, and see him treated like a common felon, without being able to defend himself, was naturally a hard task, and my husband felt it bitterly. ”

“ There are three general scenarios for this type of offence. One is the result of a love triangle, where the spurned spouse or partner wreaks revenge on the person who is perceived as being the cause of, or the reason for, the breakdown of a relationship or the loss of consortium. The aim of the perpetrator is both punishment for the emotional damage and to ensure that the victim will not offend again in the same manner, usually by ensuring that the victim is disfigured or incapacitated. ”

“ But this was not to be, for suddenly, in the midst of her complacency, fell the startling announcement that another man—an innocent man—one, too, of her lover's own standing, if not hopes, had by a curious conjunction of events so laid himself open to the suspicion of the authorities as to be actually under arrest for this crime. ”

“ Your own good sense should have taught you, sir, that threats are here out of place, and violence can only make matters worse. I have solemnly vowed that I would meet the next case with the utmost rigor of the law. I am determined to prosecute. Where is the prisoner? Policemen, take her into custody."
"But," cried Franklin.
"I will hear no more," said Mr. Blake, coldly and firmly. "Mr. Jennings, who has gone over the case with the most attention, is thoroughly convinced—"
"Thoroughly!" said Mr. Jennings.
"Policemen—"
Franklin's brain whirled in wild despair. ”

“ If a man under any provocation, no matter how galling—insolence or violence—strikes a woman, he is sent to hard labour, divorced, and his property confiscated, or his earnings hypothecated—and all this through the prompt instrumentality of the police-court. A woman may assault, stab, set fire to her husband, and he has no remedy, except to summon her to the police-court, where, if she be fined, he is compelled to pay the fine, and as likely as not is laughed at. ”