What procedures and standards apply to issuing a restraining order?
MultiRegion, United States of America
The following excerpt is from United States v. Veon, 538 F. Supp. 237 (E.D. Cal. 1982):
Although, as I have noted, the statute itself is silent as to what procedures are applicable to the issuance of a restraining order, it literally breathes the spirit of discretion. See United States v. L'Hoste, 609 F.2d at 811. It does not follow, however, that by virtue of the discretionary character of the decision no procedures or standards are applicable. On the contrary, the court must develop some mechanism for consideration and exercise of the statutory grant of discretion.3
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