Sentences with phrase «protection order granting»

With an EPO or QBPO, it would seem that the perpetrator remains a tenant if the PAFVA and the RTA are read together — unless the victim with the protection order granting exclusive possession of the residential premises is not a tenant and chooses to assume the responsibilities of the tenant under section 9 (3) of the PAVFA.

Does the victim of domestic violence with a protection order granting exclusive possession need the consent of the landlord to change the locks?

Is the perpetrator who was a tenant or co-tenant at the time a protection order granting exclusive possession to the victim was made, still a «tenant» under the RTA?

If a victim with a protection order granting exclusive possession of the residential premises is not a tenant and does not choose to assume the responsibilities of the tenant under section 9 (3) of the PAVFA, then the perpetrator will still have all of the responsibilities of a tenant, even though out of possession.

Nevertheless, protection orders grant exclusive possession.

Not exact matches

The order is likely to grant legal status to nearly half of the estimated 11 million undocumented immigrants living in the U.S., giving many access for the first time to legitimate work visas, or protection from deportation.

Granted, she filed an order of protection against me last month, but that's beside the point.

He could see that it was absurd and cruel to consider this a child protection issue, and after a gruelling eight - hour wait during which a compassionate, committed midwife stayed with the father at the hospital, granted him a temporary residence order so that he could go home with his baby.

Following a hearing, a final extreme risk protection order may be granted which would prohibit the individual from purchasing or possessing a gun for a period of up to one year.

If granted through the judicial process, the protection order would prohibit the individual from purchasing guns and require him or her to surrender any guns to the proper authorities.

A district attorney, police officer, or family or household member could petition the court to grant a temporary extreme risk protection order.

Under the proposed measure, family members or law enforcement could petition a court for «Extreme Risk Protection Orders,» which, if granted, would allow officers to temporarily confiscate firearms and prevent the purchase of additional weapons by those deemed at risk of causing harm to themselves or others.

PROTECT families by supporting proposals that would keep guns out of the wrong hands, including the Extreme Risk Protection Order bill, which would make it possible for families and law enforcement to remove firearms from loved ones who could be a danger to themselves or others, and making permanent Kendra's Law, which grants judges the authority to issue orders that require people who meet certain criteria to regularly undergo psychiatric treatment.

Mr. Paterson said he was offended that while the woman had been granted an order of protection against Mr. Monserrate, the senator's aides had continued to have contact with her and assist her.

They also discuss what role U.S. Secretary of Education nominee Betsy Devos plays in the state's school closure discussion, concerns over President Donald Trump's order to freeze all grant programs at the U.S. Environmental Protection Agency, and a move to bring new voting machines to Michigan.

This Indiana law allows a court to grant ex parte orders for protection in cases of domestic or family violence.

The order contained three questions: (i) whether Article 4a (1) FD must be interpreted as prohibiting Member States from making the execution of an EAW subject to the possibility of retrial in cases where a conviction has been rendered in absentia; (ii) whether Article 4a (1) FD is valid in light of Articles 47 and 48 of the EU Charter of Fundamental Rights; and (iii) whether, under Article 53 of the Charter, it can grant a higher level of protection than that provided for under EU law.

If the court grants your application, a written protection order will be prepared and sent to the appropriate law enforcement agency for service on the adverse party.

A temporary protection order can be granted without notice to the adverse party.

If the Motion to Dissolve is granted after a hearing, the protection order will become immediately void and unenforceable.

Your baseline protection is copyright law: in order to copy your data (basically, do anything with it other than store it and make a backup of the server), you need to grant them permission.

It also argued that Belgian law does not allow its diplomatic posts to accept applications for international protection from third country nationals, and that granting a visa to the applicants in order for them to apply for international protection once on Belgian soil would circumvent the limitation of the competences of the Belgian diplomatic posts.

Recently, the grant of a Norwich Pharmacal order came under close examination by the Supreme Court in The Rugby Football Union v Consolidated Information Services Limited (formerly Viagogo Limited)(In Liquidation)[2012] UKSC 55, [2012] All ER (D) 236 (Nov), which considered the facts of the case and balanced case law against the right to protection of personal data guaranteed by Art 8 of the European Charter of Fundamental Rights.

You must then advise AHS if the protection order was granted.

The protection order was granted on a ex parte basis without notice to Snell.

He said that Snell posted «vague comments about him on various social media platforms in an attempt to intimidate him and ruin his reputation» that continued until a justice of the peace granted a protection order against Snell under the new legislation.

I think this case presents only a single federal question: did the order of the Maryland Court of Appeals granting a new trial, limited to the issue of punishment, violate petitioner's Fourteenth Amendment right to equal protection?

In divorce actions, the judge may issue a TRO granting relief identical to that of a protection order.

To appeal the grant of an extended protection order, the adverse party must complete and file the forms below with the justice court where the case is pending.

You can file a motion asking the court to dissolve or modify the order, or you can appeal from the court's grant of an extended protection order.

There are other open questions about how the RTA is affected by the different protection orders, particularly when the perpetrator was a tenant or co-tenant of the residential premises at the time a protection order was made that granted the victim exclusive possession of those premises.

The PAFVA enables «family members» to obtain emergency protection orders (EPOs) on an ex parte basis (i.e. without notice to the respondent) in circumstances where «family violence» has occurred, the claimant «has reason to believe that the respondent will continue or resume carrying out family violence», and «by reason of seriousness or urgency, the order should be granted to provide for the immediate protection of the claimant and other family members who reside with the claimant» (section 2).

Once the victim is granted exclusive possession under a protection or other court order for a specified period of time, then during that period of time the perpetrator would almost certainly have no right to a key or access to the residential premises, regardless of what the RTA says.

In Alberta, it would be better to amend the PAFVA and the other legislation under which exclusive possession of residential premises can be granted rather than amend the RTA, because what is needed is a comprehensive list of matters to be considered by the parties and the courts in granting a protection order, or at least the QBPOs.

As a practical matter, victims of domestic violence who are granted protection orders providing for conditions such as exclusive occupation or possession of the family home should advise their landlords of such, and preferably provide them with a copy of the order, particularly if they wish to change the locks or make arrangements to take over the residential tenancy agreement.

This means that for the rest of the country, the sections pertaining to emergency protection orders are essentially useless, as there is no authority empowered to grant them.

Mr. Crouch filed an application for a Protection Order under the Act and it was granted by a Justice of the Peace on December 11, 2014 (the «Protection Order»).

He was eventually served with the BC order in Alberta but missed the date for the hearing into the extension of that order, which resulted in a three - year BC protection order being granted against him.

(I) the courts» discretion to grant Protective Costs Orders is not tied to the objective of costs protection, and the criteria applied are incompatible with Aarhus obligations;

• Exclusion orders are those that are granted to a person who resides at the same address as the individual against whom they want a protection order.

Proportionality rarely raises an issue where possession is sought against tenants who have assured or secure tenancies as protections in domestic law mean the court is unable to grant a possession order without assessing the reasonableness of granting it.

The worst thing about this was that three weeks earlier and without him even knowing, the judge had granted an ex-parte protection order disallowing him from contacting his ex-wife and son.

The protection for the defendant that ought to be associated with the grant of a without notice freezing order was absent.

If the risk protection order is granted, «it will prohibit Cruz from possessing and acquiring firearms for a period of time to be determined by the court,» according to the Broward County Sheriff's Office.

On Wednesday afternoon, Broward Circuit Judge Jack Tuter granted a temporary «Risk Protection Order» that will give law enforcement officials the authority to remove firearms from Zachary Cruz's home and block him from being able to buy a gun for at least a year.

FAMILY LAW — CHILDREN — with whom the child lives — where there are allegations the father and paternal grandmother sexually abused the child — whether there is an unacceptable risk of harm to the child in the father's care — where the child has speech and language delays — where the child had spent unsupervised time with the father after separation — where the parties entered into final Consent Orders in October 2015 — where the allegations arose after that — where the child has been spending supervised time with the father since October 2016 — where the mother obtained a domestic violence protection order against the father in 2015 — where an order for equal shared parental responsibility is not in the child's best interests — where an unacceptable risk of harm is not found — where the mother is granted sole parental responsibility — where the child will continue to live primarily with the mother and spend unsupervised time with the father on an increasing basis