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人教版高中英语选修8(Book8)：Unit1 warmingup & reading (共24张PPT)
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你可能喜欢WomensLaw.org | California: Domestic Violence Restraining Orders
&& Domestic Violence Restraining Orders&&
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A domestic violence restraining order is a civil order that protects you from abuse from an intimate partner or family member.
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to SPS to create custom email contentBasic informationWhat is a domestic violence restraining order (DVRO)?A domestic violence restraining order (DVRO) is a civil court order that is signed by a judge and tells the abuser to stop the abuse or face serious legal consequences.& It offers civil legal protection from domestic violence to both female and male victims.
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What is the legal definition of domestic violence in California?This section defines domestic violence for the purposes of getting a domestic violence protective order.
Domestic violence is defined as when your current or former spouse, boyfriend / girlfriend, someone you have a child in common with, someone you live(d) with, or someone you are related to through blood or marriage* does one of the following:
Causes or attempts to cause
Makes you fear that you or another person is in danger of immediate, ser
Molests, attacks, strikes, batters (uses force),
Threatens or harasses you - either in person or through phone calls, emails, etc.;
Destroys yo and/or
Disturbs your peace.**
Note: If the acts of the abuser do not fit in this definition or if you do not have the specific relationship with the abuser that is mentioned above, you may still be eligible for a .&& If you are elderly or a dependent adult, you may qualify for a protective order if you are being physically abused, neglected, financially abused by anyone or deprived of needed care by your custodian (caretaker).& Although we do not have a section on WomensLaw.org about protective orders for an elder or dependent adult, you can read the relevant laws from the Welfare and Institutions Code
on our CA Statutes page.
* Ann.Cal.Fam.Code& & 6211
** Ann.Cal.Fam.Code& && (a)
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What types of orders are there? How long do they last?There are three types of domestic violence restraining orders:
Emergency Protective Order
If a police officer responds to a domestic violence call, the police officer can call a judge (anytime, day or night) and ask that an emergency protective order be issued for you, which goes into effect immediately.*
A judge will only issue an emergency protective order if s/he believes that there is an immediate and present danger of domestic violence or that a child is in immediate or present danger of abuse or abduction (kidnapping) by a parent or relative and that the order is necessary to prevent domestic violence, child abuse or child abduction.*1
An emergency protective order can last only five business days or seven calendar days (whichever is shorter).*2& An emergency protective order is supposed to give you time to go to court to ask for a domestic violence restraining order, which lasts longer.& In the emergency order, the judge can include most of the protections that you can get in a regular DVRO, such as removing the abuser from the home and ordering him to have no contact with you.& It can also give you temporary custody of your children.*3& For other remedies that may be included, see
Temporary (ex parte) Restraining Order
When you go to court to apply for a restraining order, the clerk will give you a date, usually within three weeks, when you will have to come back to court for a full hearing.& If you are in immediate danger and need protection right away, you can ask for a temporary (ex parte) restraining order, which can order the abuser to leave the home, have no contact with you, and offer many other forms of protection that are listed in
Restraining Order After Hearing
Whether or not you get a temporary order, you will be scheduled for a hearing to get a final DVRO.& After having a court hearing, a judge can grant you a &restraining order after hearing& that can last up to five years.& However, if there is no termination date on the order, the order will last 3 years from the date it was issued.*5& See
to read about all of the protections that you can get in a DVRO issued after a hearing.& During the last three months of the order, you can ask the judge to have the order extended for another five years, or permanently.& The judge can make this extension without you having to prove any further abuse.*6
* See Ann.Cal.Fam.Code & 6250
*1 Ann.Cal.Fam.Code &&
*2 Ann.Cal.Fam.Code & 6256
*3 Ann.Cal.Fam.Code & 6252(a) & (b); see
*4 See Ann.Cal.Fam.Code &
*5 See Ann.Cal.Fam.Code & 6345(c)
*6 Ann.Cal.Fam.Code & 6345(a)
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How can a DVRO help me?A domestic violence restraining order may order the abuser to not do the following to you, your children, and/or your family/household members:
assault, threaten, abuse, follow, stalk, sexually assault, destroy the property of, come within a certain distance of, disturb the peace of, harass or make contact (directly or indirectly) on the telephone or by other means.
The DVRO can also:
Grant you the exclusive care, possession, or control of any animal owned or held by either you, the abuser, or a child residing in either of your households and order the abuser to stay away from and*
Order the abuser to be removed from the home you are both living in together even if you do not own the home or yo*1
Prohibit the abuser from possessing or purchasing a f*2
Order the abuser to pay child support and spousal support (if you are married);*3
Grant you temporary possession of things that you own together such as a second home, a car, a computer, etc. The judge can also order the abuser to pay ongoing debts associa *4
Order the abuser to pay back money you lost for missing work or other expenses (such as ambulance, medical, dental, shelter, counseling and/or legal fees) that res*5
Order the abuser to pay your attorney fees if you are unable to pay them and if the abuser earns mo*6
Order the abuser to attend a batterer's treatment program or othe*7 and
Grant anything else you ask for that the judge agrees to.
If you and the abuser have children together, you may also ask the judge to grant additional things such as:
Temporary child custody and visitation - The judge can decide where the children will live, which parent will make decisions affecting the children, and how the children will spend time with each parent (including where, when, and whether that time is supervised or not).*8& Note: Any order for custody, visitation, or support that is made within your DVRO will continue to be effective even when the DVRO ends.& You may want to ask the judge to specifically write this fact into the DVRO to make future enfo*9
Child support payments - You may ask the judge to order the abuser to pay child support according to California's guidelines.& Please see our
section for more information.
Whether a judge orders any or all of the above depends on the facts of your case.
Note:&In addition,&a victim of abuse can petition the court to transfer a shared cell phone account into the victim's name alone. &The purpose of the law is to&ensure that the victim can keep his/her&existing wireless telephone number, and the wireless numbers of any minor children in his/her care when the abuser is the account holder.*10
* Ann.Cal.Fam.Code && 6320(a); 6340(a)
*1 Ann.Cal.Fam.Code && 6321(a); 6340(c)
*2 Ann.Cal.Fam.Code & 6304
*3 Ann.Cal.Fam.Code & 6341
*4 Ann.Cal.Fam.Code & 6324
*5 Ann.Cal.Fam.Code & 6342
*6 Ann.Cal.Fam.Code & 6344
*7 Ann.Cal.Fam.Code & 6343
*8 Ann.Cal. Fam.Code& &&
*9 Ann.Cal.Fam.Code & 6340(a)
*10 Ann.Cal.Fam.Code & 6347(a)&
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I don't have a lawyer
but I am afraid to face the abuser in court by myself. What can I do?You don&t have to go to court alone.& You can bring a &support person& with you so that you feel safe.& A support person can be a friend, neighbor, church official, family member, or anyone else that you would like to have in court with you to help give you moral support.& There is no training or certification necessary to become a support person, so whoever you choose does not need to take any sort of class before attending court with you.
Your support person can go with you to court to get a protective order, and if you don&t have a lawyer, s/he can sit beside you at the table where the lawyer would normally sit.*
* Ann.Cal.Fam.Code & 6303
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