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Involvement with the legal system may alert the batterer as to the victim's whereabouts, putting the victim at further risk ( Kerrick, 2011). Protective orders have some serious flaws.

In some jurisdictions, violations are classified as misdemeanors, while in others the violation is the same as contempt of court ( Buzawa and Buzawa, 2003). Violations of these orders carry various consequences. Permanent protective orders can be issued following a DV criminal proceeding or a hearing on a temporary order in family court. Temporary restraining orders can be issued within days of filing a complaint and are typically ex parte. Protective orders in criminal cases are typically for the period while the case is ongoing, though criminal courts are increasingly given the power to issue permanent injunctions ( Buzawa and Buzawa, 2003). The means of obtaining a protective order differ according to jurisdiction and situation. Protective orders can take a wide variety of forms: prohibiting contact, ordering counseling, limiting visitation, creating exclusive use of once-shared property, prohibiting firearm possession, and ordering the cessation of stalking ( Runge, 2012). They are intended as preventative measures, although they need to be enforced through fines or imprisonment. Protective orders were one of the first legal remedies for DV and are now a common and widespread response to the epidemic of DV, available in every state and increasingly worldwide ( Runge, 2012). Mols, in International Encyclopedia of the Social & Behavioral Sciences (Second Edition), 2015 Remedies: Restraining Orders However, the personal and financial repercussions of whistleblowing have never made it an attractive option for those who contemplate this course of action. There is also victimization protection, and the whistleblower can commence legal proceedings to recover damages for reprisals under the Whistleblowers Protection Act (Qld) s 43 and the Public Interest Disclosure Act (ACT) s 29. Protection provided to the whistleblower includes civil and criminal immunity or provision of an administrative process for the disclosure that exonerates from any breach of confidentiality regarding improper public conduct, but not individual wrongdoing. Other rights are in substantive law, such as taxation, and the activities in which individuals engage with government at local, state and federal levels.Īnother legal remedy for citizens includes whistleblowing which has been defined as ‘the activity performed by a “whistleblower”, who in turn is an employee who publicly discloses unlawful, improper or wasteful activity that is occurring within the workplace,’ 16 Whistleblower legislation confers immunities for disclosure of matters relating to the public interest to an authorized person. Linked to the right to participate fully in the democratic process are rights to government information, privacy and confidentiality. Reliable government officers and stable government are at the core of ensuring basic citizens’ rights. The necessity for authentic records that provide these rights is illustrated by the Electronic Transactions Act 1999 (Cth) s 4, which excludes electronic ‘copies’ of migration and citizenship records because of the high risk of fraud in this area.

#INCREDIBLE LEGAL REMEDY FREE#

The process of acquiring and losing citizenship is a fundamental recordkeeping issue, as personal identity records from birth certificates to passports lead to many other rights within a legal system, for example, free education and medical treatment (although some are available through permanent residency status). This legal maxim was first enunciated by William Blackstone: 'It is a settled and invariable principle in the laws of England, that every right when with-held must have a remedy, and every injury its proper redress.Livia lacovino, in Archives, 2005 Citizens’ rights and obligations That is, lawmakers claim to provide appropriate remedies to protect rights. In English and American jurisprudence, there is a legal maxim that for every right, there is a remedy where there is no remedy, there is no right. Another type of remedy is declaratory relief, where a court determines the rights of the parties to an action without awarding damages or ordering equitable relief.

In Commonwealth common law jurisdictions and related jurisdictions, the law of remedies distinguishes between a legal remedy and an equitable remedy. Freebase (0.00 / 0 votes) Rate this definition:Ī legal remedy is the means with which a court of law, usually in the exercise of civil law jurisdiction, enforces a right, imposes a penalty, or makes another court order to impose its will.

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