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+----- Thread: [PASSED] Amendment to the Judicial Act (Injunctions) (/thread-7542.html)
RE: [Draft] Amendment to the Judicial Act (Injunctions) - Roavin - 10-30-2019
New draft! I left out Sascha's change to (1), but included the changes to (2) and (3), except that (2) was then rewritten with the same intent but with language that I find more pleasing.
Quote:9. Temporary Injunctions
(1) The assigned justice of a case may issue a temporary injunction to compel an individual or institution to do or refrain from specific acts. The injunction must be issued either directly to a party of the case, or to another individual or organization if the act described in the order directly affects a party of the case. An injunction may only be issued if pertinent to the orderly progression of the case or in the interest of public peace and order.
(2) Any injunction must include a time limit not exceeding four weeks, after which it expires. An injunction may be extended at any time for another four weeks. An injunction automatically expires when its associated case completes, unless it is grandfathered into a succeeding sentencing case if applicable.
(3) Issuing, lifting, amending, renewing or extending a temporary injunction requires approval by another justice not recused from the case.
(4) A temporary injunction may not unreasonably restrict an individual's existing right of participation in the region, nor may it exclude the possibility of seeking remedy through the court. A temporary injunction may not order an act that is not reversible.
RE: [Draft] Amendment to the Judicial Act (Injunctions) - Jebediah - 10-30-2019
(10-30-2019, 11:40 AM)Roavin Wrote: An injunction automatically expires when its associated case completes, unless it is grandfathered into a succeeding sentencing case if applicable.
If someone violates the injunction, does the punishment expire when the case expires?
RE: [Draft] Amendment to the Judicial Act (Injunctions) - Sasha - 10-30-2019
I am updating the first post with Roa's last compromise version. Thanks for the help! I hope this version is well-written enough to satisfy everyone and be passed.
(10-30-2019, 02:03 PM)Jebediah Wrote:(10-30-2019, 11:40 AM)Roavin Wrote: An injunction automatically expires when its associated case completes, unless it is grandfathered into a succeeding sentencing case if applicable.
If someone violates the injunction, does the punishment expire when the case expires?
Violating such an injunction would be in contempt of court and therefore be a (separate) crime.
Therefore, the punishment for violating an injunction is not and cannot be bound to the original injunction.
Of course the official sentence would not be immediate under current law (which may be reviewed) but the court may issue further injunctions (including some that cannot be evaded).
RE: [Draft] Amendment to the Judicial Act (Injunctions) - Roavin - 12-05-2019
Sasha has disappeared
but I still think we should have this.I think the most recent draft from Sasha's OP is great as is, so I'd like to motion it to vote.
[Draft] Amendment to the Judicial Act (Injunctions) - Kris Kringle - 12-05-2019
Should I understand that extensions can only be for four weeks, and not lesser amounts of time?
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RE: [Draft] Amendment to the Judicial Act (Injunctions) - Roavin - 12-05-2019
Four weeks each, though there is no limit on how often an extension can be issued.
[Draft] Amendment to the Judicial Act (Injunctions) - Kris Kringle - 12-05-2019
What if I don’t think a four-week extension is warranted?
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RE: [Draft] Amendment to the Judicial Act (Injunctions) - Roavin - 12-05-2019
Ah, I see what you're saying.
Quote:(2) Any injunction must include a time limit not exceeding four weeks, after which it expires. An injunction may be extended at any time, with each extension also including a time limit not exceeding four weeks from the moment the extension is issued. An injunction automatically expires when its associated case completes, unless it is grandfathered into a succeeding sentencing case if applicable.
This should make it clearer.
RE: [Draft] Amendment to the Judicial Act (Injunctions) - Roavin - 12-08-2019
And now, motion to vote
RE: [Draft] Amendment to the Judicial Act (Injunctions) - Omega - 12-09-2019
I'm a bit late to the party here but this is a great idea.