What Is a Court Ordered Judgment?

Courts are supposed to weigh the scales of justice impartially.

According to "Black's Law Dictionary," a court order is "a decision issued by a court." This can include a subpoena, an order setting the date for a trial, or a punitive measure such as an order for payment of damages or a restraining order. Court orders are issued by judges, not juries. Some common types of court orders are listed below.

Subpoena

According to The 'Lectric Law Library, a subpoena is "An order directed to an individual commanding him to appear in court on a certain day to testify or produce documents in a pending lawsuit." A subpoena for testimony is called a "subpoena ad testificandum." A subpoena for documents or other evidence is called a "subpoena duces tecum." A person who fails to respond to a subpoena may be held in contempt of court, an order that can result in civil or criminal sanctions.

Restraining Order

A restraining order, sometimes also called a "Domestic Civil Protection Order," is a court order restricting one person's behavior, usually in relationship to divorce or custody cases where mental or physical abuse is suspected. Restraining orders may, for example, require one individual to keep a minimum distance from another or forbid an individual from transporting a child across state lines. Often, restraining orders are requested by one party in a dispute.

Restraining orders may be permanent or temporary, for example, they may be issued for the duration of a particular trial. Violation of an order may result in a variety of consequences including incarceration. Laws for issuing restraining orders vary by state.

Search Warrant

A search warrant is a court order permitting authorities to search a home or other private property for evidence in a criminal case. To obtain a warrant, a law enforcement agency must demonstrate "probable cause" that the location to be searched holds evidence relevant to an existing criminal case or that could reveal possible criminal activity. Once a search warrant is issued by a judge, it must be executed within 14 days.

References

• New Jersey State Judiciary Rule 1:9: Subpoenas
• American Bar Assoication: Domestic Violence Civil Protection Orders by State
• US Courts: Search and Seizure Warrant

Resources

• Black's Legal Dictionary: Orders
• The 'Lectric Law Library
• United States District Court: Massachusetts: Pro Se Litigants/Representing Yourself