Guides
- Effects of Cyberbullying: Complete Guide for Parents
- What is the DPPA?
- Petty Theft: Definition and Consequences
- What is a Life Sentence?
- How to Find Out if Someone Has a Warrant?
- Marriage License vs Certificate: Everything You Need to Know
- The Ten Most Popular Celebrity Mugshots
- How to Find Out if Someone is Married?
- How to Stop Phone Spoofing?
- How To Avoid Probate
- Dealing with abandoned vehicles in your neighborhood
- How to Find Someone's Cell Phone Number by Their Name
- Who Are the Worst Drivers in America?
- How To Find Unclaimed Money From Deceased Relatives
- What is a Digital License Plate?
- How to Find out if Someone Died?
- Murder vs Manslaughter: The Differences and Definitions
- How to Hire a Private Investigator?
- What Is a Number Neighbor?
- How to Find Out if Someone was Arrested
- How to Find Someone's Birthday?
- What is a Car Title
- How to Obtain a Police Report and Court Records?
- Filing a false police report
- Prison Valley: Look inside Prison Town
- How to Get Custody of a Child Without Going to Court?
- How to Find Someone’s Social Media Profiles?
- What to Do if Your Phone Is Tapped?
- What Is a Deed in Real Estate?
- Where Was The First US Federal Penitentiary Established?
- How to Find Someone's Location Using Their Cell Phone Number?
- What Is a Restricted Call?
- Who is the Most Dangerous Prisoner in the World?
- Poshmark Scams: How to Prevent and Report Them
- How to Find a Missing Person?
- How to Send Money to a Federal Inmate?
- DUI vs DWI: What're The Differences
- How Long After Buying a Car Do You Need to Register it?
- How to Find out Where Someone Lives?
- What Happens If You Get Caught Driving a Car Without Interlock
- Situational Crime Prevention: Theory, Techniques and Examples
- How Can I Find Out Who Called Me for Free?
- Gun Free Zone Statistics and Facts
- Online Threats and Digital Security: Trends, Types and Most Common Examples
- Cold Cases Guide for Police Officers and Investigators
- Court Order: Meaning, Types and Examples
- What Does a Fingerprint Background Report Show?
- How to Check Your Criminal Record?
- What is Tort Law?
- How to Calculate Child Support
- Property Rights: Definition, and Characteristics
- 12 Common Uses of Public Records
- US Antitrust Law
- Virginia Gun Confiscation Law
- How Do You Find Out Who Own a Property?
- Neighborhood Watch Program
- How to Perform a Mugshot Search?
- Crime Mapping
- Safest Colleges in Florida
- Veterans Guide to Cars and Driving
- U.S. Correctional System: Structure, Incarceration and Facts
- License Plate Laws in the US
- How to Locate Inmates and Access Jail Records?
- Email Hacking: Laws, Penalties and Protection
- Romeo and Juliet Laws
- Holiday Safety for Home and Family
- Differences between Criminal and Arrest Records
- Public Records and Property History: What is Public Information and What Isn’t
- How to Look up an Immigration Detainee?
- Famous Prisons in the USA
- How to Find Out Who Owns a Vehicle Using Reverse Lookup Tools
- How to Search for Your Family Tree?
- The Federal Judicial Center
- Mass Incarceration in the USA
- What is COPPA (Children's Online Privacy Protection Act)?
- Data Safety After The Capital One Breach
- Scholarships Guide for Students
- Complete Guide to Student Safety
- What Is a Vehicle Identification Number?
- Determining Divorce: 5 Types of Divorce You Must Know
- Sex Offenders: Complete Guide to be Protected
- New Privacy Laws and Public Records
- Motor Vehicle Registration in the US
- Digital Token Age: Security Laws and Regulations
- Copyright Law and Facial Recognition Technology
- What Shows up in a Background Report
- Car Repossession Laws: Dealing with Car Dealers and Auto Fraud
- How to Protect Yourself from Phone Scams
- Human Rights in the Prison
- Business Competition: Laws and Policies
- Hate Crimes: Reasons, Stats and Facts
- Starting a Business and Business Licenses
- General Data Protection Regulation (GDPR) Guidance
- Criminal Justice Reform
- Tax Reform Impact and Changes To Know
- Self-Driving Cars: Laws and Regulations
- White-Collar Crime: Statistics and Facts
- Have You Been Arrested? Cases You'll Need a Lawyer
- Getting a driver's license in the US: What to Know
- Car Theft in the US: Prevention and Facts
- Identity Theft Passport Program
- Changing your Name after Marriage: What You Need to Know
- Finding the Perfect Roommate: Dos and Donts
- What if You Get Into a Car Accident? A Complete Checklist
- Property Crimes: How to Burglar Proof Your Home
- Consumer Laws in the US: What Do They Mean for a Customer and a Business Owner
- Child Trafficking: The Scope, Understanding, and Prevention
- Business Assets: A Guide to the Financial Health of your Business
- Guide To The College Application: How, When and Where to Apply
- Which States Have “Stand Your Ground” Laws?
- Adolescent Depression Symptoms and Causes
- Things to Know About the U.S. State Department Travel Advisory System
- Inheritance in the US: With & Without a Will
- Online Dating Safety Guide for Men and Women
- Sexual Abuse in the U.S.: Laws and Statistics
- Supporting Children After Divorce: Child Custody Options
- Halloween Horrors Come to Life: Holidays Crimes in the U.S.
- Charity Scams in the U.S.: Be Aware and Protected
- Webcam Hacking & Spying in the US
- Sex Offender Search
- Freedom of Religion in the U.S.
- Senior Financial Scams: How are the Elderly Targeted and How to Avoid It
- Catcalling: Is it illegal? How to Deal With It
- A Complete Guide To Insurance Fraud: Common Types and Prevention
- Sextortion: What to Do if You Became a Victim of Blackmailing
- Concealed Carry: How to Protect Yourself on Campus
- Debt Collection Laws | Fair Debt Collection Act: What You Need To Know
- How Much Is My House Worth? Ultimate Guide to Home Buying and Selling
- What are the Traits of a Sociopath?
- Do You Know Who Your Neighbors Are?
- Learn How to Find Your Birth Parents
- The Importance of Public Records in Law
- Do You Know What's the Difference Between Jail and Prison?
- Homeowner’s Insurance, Is it a Public Record?
- The Disturbing Facts of Gun Violence in America
- How to Use Public Records in Marketing
- Best & Worst Cities for Driving
- LGBT Bullying
- What You Need to Know When Buying or Selling a Used Car?
- School Safety and Security Standards
- Guide to Making Your DMV Experience Hassle Free
- How to Prepare For an Active Shooter Incident
- How to Report a Crime?
- How to Protect Yourself Against Cyber Attacks
- 50 Things to Know When Filing for Divorce
- What to Do When You Are Stopped By the Police
- Tips for Back-to-School Safety and Security
- Guide to Filing for Bankruptcy
- How to Appeal the Court's Decision
- A User's Guide to Warrants
- How to Fight a Traffic Ticket?
- Keeping Your Neighborhood Safe For Your Family
- A Parent's Guide to Keeping Your Child Drug-Free
Court Order: Meaning, Types and Examples
A court order is a directive issued by a judge that directs a person or organization to do something or establishes a legal agreement. In criminal court these documents are often initiated by police, but can be requested by an attorney or another individual. In civil court, one party requests a court order that constrains the other party.
Court Order Definition
Court orders are found in court records, usually in the context of a case or trial. Most court orders are considered public records but some court records are confidential due to laws limiting the information that can be disclosed about the parties involved, including about victims of violent crime or juveniles. Court orders for things like search warrants are not considered public documents until and unless the investigation is concluded and the order is included in the trial documents.
In general, a court order is a legal way to change the procedures of a public body or to limit a person’s Constitutional rights. There is a process for getting a judge to consider and write court orders, which can be issued regardless of criminal or civil proceedings.
Types of Court Orders
Court orders may be temporary (interim, during a proceeding), permanent (the final decision of the court at the conclusion of a trial), or emergency.
- subpoenas
- warrants
- restraining orders
- protection orders
- search warrants
- cease and desist
- summons
- order to appear
- temporary custody
- divorce decrees
- guardianships
- legal process
- child support
Court orders affect Constitutional rights. In the United States, individual freedoms are preserved by the U.S. Constitution and its amendments. The entire legal system, from police to courts and prisons, stand on the foundation of the Constitution. This document ensures the following freedoms:
- to practice the religion of one’s choice;
- free speech and its associated forms of expression;
- the right to bear arms;
- freedom from quartering soldiers;
- freedom from unreasonable search and seizure (security in one’s home);
- the right to due process including grand jury deliberations before a trial on capital charges;
- the ability to face one’s accusers in court, and
- freedom from excessive fines or bail requirements.
Court orders must be taken seriously; the penalty for disregarding a court order can be jail time for contempt of court. In a country founded on freedoms, judges and court magistrates have significant power to abridge, or limit, the Constitutional rights of individuals under certain circumstances but they must adhere to standards such as established law and legal practice. At the same time, court jurisdiction is limited: a municipal court judge is unlikely to swear out an order that seeks to constrain state or federal officials.
Mindful of the legal process involved, judges may require police to bring an individual to appear before the court (habeas corpus) to determine if there’s sufficient legal reason to hold that person in jail pending a trial. Judges may also accept a petition by police or the district attorney and approve a search warrant, agreeing that sufficient evidence has been presented to suspend that person’s right to security in his home.
How to File a Court Order?
Court orders result from legal action, usually trials. However people frequently need court action faster than a trial can provide. A motion for a temporary court order may be filed within a trial or before a trial. Typically, these requests are made through the clerk of court and may be considered immediately by a magistrate or a judge. The public prosecutor may also submit the motion at the time of an arraignment (the first court hearing after an arrest). In civil court, seeking an injunction is the same as a motion for a court order as an injunction is an order for someone to take action (start or stop).
For instance, a person may be arrested for domestic violence, perhaps for hitting or threatening a spouse. The spouse may be in danger while waiting for the charges to be processed and a trial to take place, which can be a year in the future. In the meantime, the injured party may file a motion for immediate relief in the form of a court order telling the violent individual to stay away from the injured spouse (a restraining order), or to relinquish custody of minor children, to surrender any guns, or to leave the shared home until the trial or a probationary period ends.
Steps for Getting a Court Order:
- Ask the court clerk’s office for a motion form, on which you must write what kind of order you are seeking;
- Write an affidavit, which is an official, witnessed and signed document that states the facts of the situation and describes why you need the court order;
- Submit the documents to the clerk’s office and establish a hearing date when the judge will consider the motion. Ensure that the other person the order affects will be served with the appropriate papers so they will be aware of the proceeding.
The time frame for court orders varies according to the type of order. Most are expected to be in place forever as long as no appeal to a higher court overturns the decision. Things like divorces, child support, custody, and other family court matters are final and binding yet may be renegotiated. Restraining orders may last a year, and are likely to be revoked following a trial that acquits the defendant. Orders to surrender firearms may be appealed for reinstatement.
Other Types of Court Orders
Courts may order organizations, such as state government or state agencies, to take a specific action or cease taking an action. These sorts of court orders come from state superior courts or federal courts. For instance:
- In Hawaii, a court order requires the state to reduce the number of inmates housed in prisons in order to limit the spread of a dangerous virus.
- Massachusetts Supreme Judicial Court issued an order allowing email to be used in official judicial matters to reduce the spread of a dangerous virus.
- Florida court orders requiring convicted felons to pay court costs before being allowed to vote is a hotly contested issue as court costs are not well accounted for.