Domestic Violence 禁令s in California
本指南可以帮助你遵循这个过程:
概述
有不同类型的限制令. A 家庭暴力限制令 is against someone you've dated or had an intimate relationship with, 包括配偶或家庭伴侣. It can also be against a relative if they are your child, parent, sibling or grandparent. 这包括姻亲.
A 家庭暴力限制令 can be granted against someone who has abused you or your children. 虐待可以是情感上的，也可以是身体上的. 它可以发生在任何地方，包括网上. 虐待可以以不同的方式发生, including someone stopping you from accessing money or basic needs, 或者将你与朋友或家人隔离.
如果你是12岁 or older and someone has asked for 限制令 against you, 你可以不带父母去法庭. In some situations, the judge may ask you to have a trusted adult help you in your case.
If you need a 禁令 against a neighbor, 房东, or someone who is not 关闭ly related or an intimate partner there are 其他类型 你可以申请限制令.
限制令能做什么?
A judge can grant 限制令 to protect someone, 他们的孩子, 他们的财产, 或者他们的宠物. Once a judge grants 限制令, the police can be called to enforce the order.
A 家庭暴力限制令 can include these types of orders:
- 没有联系
- Not harass, stalk, threaten or harm people protected by the order
- 保持一定距离
- Move out from a home that is shared with the protected person
- 不得携带枪支、火器或弹药
- 如果你已婚，支付配偶赡养费
- Pay child support, if you have children together
The judge can also make orders about child custody if you have children together.
There are many other ways a 家庭暴力限制令 can protect someone.
How do I ask for a 家庭暴力限制令?
你需要填写一些法庭表格. The forms will ask you to give details about the abuse. If you want help with these forms, you can contact your local 自助中心.
没有诉讼费 to file to ask for a 家庭暴力限制令, and you do not have to have a lawyer. This guide will take you step-by-step through the process of asking for 限制令. The whole process can last a few weeks or months, depending on how complicated your case is. Cases involving children and property may be more complicated.
What if someone asked for 限制令 against me?
If someone has filed court papers to ask for 限制令 against you, 仔细阅读给你的试卷:
- 如果你拿的是DV-110表格, this means the judge granted a temporary restraining order against you. 你必须遵从表格DV-110上的所有指示. If you don't, you could be arrested and charged with a crime.
- You will have a court date, which is listed on form DV-109. Make sure to go to your court date if you do not agree to the restraining order. 在法庭上, a judge will decide whether to grant a restraining order against you that can last up to five years.
This guide can help you figure out your options to "respond" and prepare for your case. Respond means to tell the judge if you agree or don't agree to the request for restraining order. You don't have to have a lawyer in this case, but if you want one you will need to hire one. 你也可以从法院得到免费的帮助 自助中心.