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antecipação de tutela

English translation: temporary restraining order / temporary relief

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GLOSSARY ENTRY (DERIVED FROM QUESTION BELOW)
Portuguese term or phrase:tutela antecipada
English translation:temporary restraining order / temporary relief
Entered by: Rosemary Polato
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16:57 Nov 2, 2003
Portuguese to English translations [PRO]
Law/Patents
Portuguese term or phrase: antecipação de tutela
heading in an action.
Could it be:
"advance custody" or
"preventive injuction"
or other...?
Rosemary Polato
Brazil
Local time: 04:21
temporary protective order or temporary order of protection
Explanation:
[for property]


for kids and seniors:

protective custody

--------------------------------------------------
Note added at 2003-11-02 18:31:09 (GMT)
--------------------------------------------------

here\'s the assets type:

1 11 1. An automatic ***temporary financial protective order*** which 1 12 ... separate maintenance,
or annulment action relating 1 14 to assets and income ...
www.legis.state.ia.us/GA/78GA/Legislation/ SSB/01000/SSB01016/Current.html - 9k - Cached - Similar pages

Porter County Sheriff\'s Department
...**** a Protection Order, and a temporary restraining order to prevent a party from disturbing
assets.*** ... The protective order committee believes the violation of ...
www.portercountysheriff.com/protective-orders/ - 43k - Cached - Similar pages


Divorce Guide - Temporary Orders
... At their contempt hearing they can be sentenced to jail or can have assets taken
to ... By its very nature, a protective order is a temporary order because it ...
www.dfwlawyer.com/family_law/temporary_orders.html - 18k - Cached - Similar pages



--------------------------------------------------
Note added at 2003-11-02 19:39:48 (GMT)
--------------------------------------------------

FINAL:
FOr children: protective custody
FOR assets: protective order or temporary protective order OR
order of protection or Temporary order of protection [while the dispute is being settled) that\'s why the assets are protected TEMPORARILY
Selected response from:

Jane Lamb-Ruiz
Grading comment
Thanks everybody for the help. I think that this is the best solution though, later, I found in "Dynamic Information Systems Corporation v. Network Solutions, Inc.", a case similar to that I was translating, the heading: "DISC IS ENTITLED TO AN ORDER TEMPORARILY RESTRAINING AND PRELIMINARILY ENJOINING NSI FROM PREVENTING DISC FROM USING disc.com AS ITS DOMAIN NAME". Therefore, I think that "temporary restraining order" could also be used. If the case involved money for the Plaintiff, I think this should be "temporary relief"
4 KudoZ points were awarded for this answer

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Summary of answers provided
5 +1preliminary protection orderrhandler
5petition for interim relief
Donna Sandin
5temporary protective order or temporary order of protectionJane Lamb-Ruiz
3a 'quia timet' injunction (GB)xxxKirstyMacC
4 -1forestalling of guardianship
Sonia Heidemann


Discussion entries: 2





  

Answers


55 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): -1
forestalling of guardianship


Explanation:
Penso que esta será a traducao mais próxima da situacao apresentada, no caso de se tratar realmente de um processo judicial de custódia!

Sonia Heidemann
Native speaker of: Portuguese
PRO pts in pair: 4

Peer comments on this answer (and responses from the answerer)
disagree  Donna Sandin: no this is not a custody case
5 hrs
Login to enter a peer comment (or grade)

1 hr   confidence: Answerer confidence 5/5
temporary protective order or temporary order of protection


Explanation:
[for property]


for kids and seniors:

protective custody

--------------------------------------------------
Note added at 2003-11-02 18:31:09 (GMT)
--------------------------------------------------

here\'s the assets type:

1 11 1. An automatic ***temporary financial protective order*** which 1 12 ... separate maintenance,
or annulment action relating 1 14 to assets and income ...
www.legis.state.ia.us/GA/78GA/Legislation/ SSB/01000/SSB01016/Current.html - 9k - Cached - Similar pages

Porter County Sheriff\'s Department
...**** a Protection Order, and a temporary restraining order to prevent a party from disturbing
assets.*** ... The protective order committee believes the violation of ...
www.portercountysheriff.com/protective-orders/ - 43k - Cached - Similar pages


Divorce Guide - Temporary Orders
... At their contempt hearing they can be sentenced to jail or can have assets taken
to ... By its very nature, a protective order is a temporary order because it ...
www.dfwlawyer.com/family_law/temporary_orders.html - 18k - Cached - Similar pages



--------------------------------------------------
Note added at 2003-11-02 19:39:48 (GMT)
--------------------------------------------------

FINAL:
FOr children: protective custody
FOR assets: protective order or temporary protective order OR
order of protection or Temporary order of protection [while the dispute is being settled) that\'s why the assets are protected TEMPORARILY

Jane Lamb-Ruiz
Native speaker of: Native in EnglishEnglish, Native in PortuguesePortuguese
PRO pts in pair: 3273
Grading comment
Thanks everybody for the help. I think that this is the best solution though, later, I found in "Dynamic Information Systems Corporation v. Network Solutions, Inc.", a case similar to that I was translating, the heading: "DISC IS ENTITLED TO AN ORDER TEMPORARILY RESTRAINING AND PRELIMINARILY ENJOINING NSI FROM PREVENTING DISC FROM USING disc.com AS ITS DOMAIN NAME". Therefore, I think that "temporary restraining order" could also be used. If the case involved money for the Plaintiff, I think this should be "temporary relief"
Login to enter a peer comment (or grade)

1 hr   confidence: Answerer confidence 3/5Answerer confidence 3/5
a 'quia timet' injunction (GB)


Explanation:
'Because he's afraid' i.e. anticipates a breach of contract or custody condition etc.

xxxKirstyMacC
Local time: 08:21
Native speaker of: Native in EnglishEnglish
PRO pts in pair: 187
Login to enter a peer comment (or grade)

2 hrs   confidence: Answerer confidence 5/5 peer agreement (net): +1
preliminary protection order


Explanation:
TUTELA, in this expression, is short for TUTELA JURISDICIONAL. "Antecipação da tutela" is the act of the judge that concedes what is asked based on two things: "periculum in mora", that is, danger in delaying the decision, and "fumus bone iuri", the evidence presented strongly indicates that the plaintiff is right. It used to be called "liminar".

Here are two examples:

XI. F. REQUEST FOR PRELIMINARY PROTECTION ORDER
... be given the following protection:” complete the preliminary order made by the
court. ... 7. Complete date judge signs, add District Court number, and ...
www.state.me.us/dhs/bcfs/policy/sect11/ xi__f__request_for_preliminary_protection_order.htm

United States v. Gross (5/26/2000, No. 98-3829)
... Judge, and FAY, Senior Circuit Judge. PER CURIAM: This case presents an issue of first impression in this Court: whether a preliminary order of forfeiture is ...
www.law.emory.edu/11circuit/may2000/98-3829.man.html


--------------------------------------------------
Note added at 2003-11-02 19:37:01 (GMT)
--------------------------------------------------

TUTELA, in this context, has nothing to do with \"guardianship\" or \"custody\". It means \"tutela jurisdicional\", or JUDICIAL PROTECTION.


    www.state.me.us/dhs/bcfs/policy/sect11/ xi__f__request_for_preliminary_protection_order.htm
rhandler
Local time: 04:21
Native speaker of: Portuguese
PRO pts in pair: 7949

Peer comments on this answer (and responses from the answerer)
agree  Bloomfield: thank you, again
20 days
  -> Thank you, JCPaterno
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6 hrs   confidence: Answerer confidence 5/5
petition for interim relief


Explanation:
It means relief that is granted on a preliminary basis before an order finally disposing of a request for relief.. simply means that the party wants the judge to temporarily approve the "prayer" (request) made in a proven, "colorable" (seemingly legitimate and reasonable) claim before actually rendering a judgment. It does not seek anything else (such as payment of damages, attachment, etc.) other than early and temporary approval of the object of the claim itself.

The above is the result of a discussion on trad-prt some time ago. But the first
time I encountered this term the attorneys WERE asking for a certain amount of "damages" - they were asking for money "in advance" for victims of a shopping center explosion in Osasco, SP - knowing that the case would drag out for a long time but that the gas company was almost certainly liable and going to have to pay compensation eventually.

I have seen this term in quite a few other cases since then. And these weren't custody cases.

I had also seen it translated as "anticipatory relief."

I suppose it could in some cases be translated as a protective order but there's another term for that, I think.

Donna Sandin
United States
Local time: 03:21
Native speaker of: Native in EnglishEnglish
PRO pts in pair: 1112
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