Restraining order 的法律意義

What is a Restraining Order?
By Cathy Meyer, About.co
What is a restraining order?
A Restraining Order is a court order intended to protect you from further harm from someone who has hurt you; to keep the abuser away from you, or to stop harassing you, or keep the abuser from the scene of the violence, which may include your home, place of work, or apartment. It is a civil order and it does not give the abuser a criminal record.

Who can get a restraining order?
A victim of domestic violence can obtain a Restraining Order. A victim of domestic abuse means a person protected by the law and shall include any person who has been subjected to domestic abuse by a spouse, or any other person who is a present or former household member and where the victim is 18 years of age or older or who is an emancipated minor. A victim, of any age, who has been subjected to domestic violence by a person who she/he says will be the father/mother of the child when the pregnancy is carried to term is also covered by this law. A victim, of any age, also includes any person who has been subjected to domestic violence by a person with whom the victim has had a dating relationship.

Domestic violence means the occurrence of one or more of the following acts committed against a victim by an adult or an emancipated minor:

8226;Assault
8226;Burglary
8226;Criminal mischief
8226;Criminal restraint
8226;Terrorist threats
8226;Criminal sexual contact
8226;Criminal trespass
8226;False imprisonment
8226;Harassment
8226;Homicide
8226;Kidnapping
8226;Lewdness
8226;Sexual assault
8226;Stalking

What does a Restraining Order do?
If you are a victim of domestic violence, a judge can sign an Order of Protection that requires the abuser to obey the law. The order is very specific in as far as what the abuser can and can’t do.

8226;The abuser can be ordered not to have any contact with you, in person or by phone, at home, work, or almost anywhere you ask the court to put in the order. The order against contact may also protect other people in your family.

8226;The court can order the abuser to leave the house or apartment that you and the abuser share; even if it is in the abuser's name.

8226;Except in unusual situations, the court will grant you custody of your minor children. In some states the court can also order the abuser to pay child support and support for you. The abuser may also be granted visitation with the child/children under certain conditions. If the children are in danger of abuse, you should let the judge know why you think so.

8226;In some states the court may also order the abuser to pay for costs that resulted from the abuse, for example; household bills that are due right away, medical/dental treatment, moving expenses, loss of earnings. The judge can also make the abuser pay your attorney's fees, and can make the abuser pay damages to you or other people that helped you or got hurt by the abuser.

8226;The judge may order the abuser to receive professional domestic violence counseling, or tell the abuser to get evaluated, or to go to AA or NA. You can agree to go to counseling if you want to (or to a free program like AA, AlAnon, or a domestic violence program), but the judge should only make it an order for the abuser.

8226;The judge can order the police to escort the abuser to remove personal items from the residence, or shared place of business, so that you are protected by the police during any necessary contact.

8226;The judge has the power under the law to order anything else that will help to protect you, as long as you agree to it.

How long does the restraining order last?
When you first get protection under the law, it is only temporary. The order is called a T.R.O. for Temporary Restraining Order. You must return to court on the date indicated in the T.R.O., which will be about 10 days later in most states. Both you and the abuser will be asked to appear in court on that date. During the 10-day period, the police or Sheriff's Office will serve the abuser with a copy of the order so the abuser will know when the hearing is scheduled. Keep a copy of the order with you and give a copy to the police in any town where you think the abuser might bother you.

Also, please read
http://en.wikipedia.org/wiki/Restraining_order

資料來源:

http://divorcesupport.about.com/od/abusiverelationships/a/restrain_order.htm


基本上Restraining order本身不是什麼大問題,問題在於對方取得Restraining order的原因或是如果當事人在接獲Restraining order之後沒有遵守Restraining order上的規定,那才會有真正的問題. 換言之,單純的Restraining order應該不會對您的移民歸化的問題造成影響,但是造成對方申請Restraining order的原因才有可能成為您在申請移民歸化時的絆腳石,同時如果您故意違反這個Restraining order,那麼您可能會麵臨警方的逮捕與刑事的控罪,而這些有可能在麵試時會被要求需要一些解釋.

所有跟帖： 

• 回複：Restraining order 的法律意義 -CARN- ♀ (176 bytes) () 02/06/2009 postreply 19:47:41

• 嘿嘿,又是一個有義氣的"朋友",這地方朋友真多... -單身老貓- ♂ (36 bytes) () 02/06/2009 postreply 20:14:34

• 回複：嘿嘿,又是一個有義氣的"朋友",這地方朋友真多... -CARN- ♀ (82 bytes) () 02/06/2009 postreply 20:22:53

• 朋友,老貓會說風涼話,起因在於您根本不尊重別人"免費"的服務 -單身老貓- ♂ (334 bytes) () 02/06/2009 postreply 22:00:07

• 回複：朋友,老貓會說風涼話,起因在於您根本不尊重別人"免費"的服務 -CARN- ♀ (479 bytes) () 02/07/2009 postreply 12:48:38

• 說實話，我挺佩服老貓的：長期免費專業服務，我就沒法做到。 -冬心- ♂ (144 bytes) () 02/07/2009 postreply 09:29:31

• 我也很佩服老貓 -CARN- ♀ (266 bytes) () 02/07/2009 postreply 13:04:41

• 老貓從來沒有嘲笑過您的英文,您仍然沒有了解老貓的意思. -單身老貓- ♂ (156 bytes) () 02/07/2009 postreply 18:39:38