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Politics : View from the Center and Left -- Ignore unavailable to you. Want to Upgrade?

To: TimF who wrote (22544)	6/29/2006 8:21:45 PM
From: Ilaine	Read Replies (1) \| Respond to of 544045

You're correct that a temporary restraining order is granted ex parte without the other side putting on their case but due process requires that persons subject to a temporary restraining order be given a speedy hearing -- I think 5 days is what they do in Fairfax. It's one of those balancing things courts do -- the complaining victim has a fundamental right to be free from assault and murder, too. They didn't put those rights enumerated into the Bill of Rights because the Bill of Rights restrains state action.