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Restraining order : ウィキペディア英語版
Restraining order

A restraining order or protective order is an order used by a court to protect a person or entity, and the general public, in a situation involving alleged domestic violence, harassment, stalking or sexual assault. In the United States, every state has some form of domestic violence restraining order law,〔(【引用サイトリンク】publisher=American Bar Association Commission on Domestic Violence )〕 and many states also have specific restraining order laws for stalking〔http://www.abanet.org/domviol/docs/StalkingHarassment_CPO_Chart_8_2007.pdf〕 and sexual assault.〔(【引用サイトリンク】title=Sexual Assault Civil Protection Orders (CPOs) By State )
Restraining and personal protection order laws vary from one jurisdiction to another but all establish who can file for an order, what protection or relief a person can get from such an order, and how the order will be enforced. The court will ask the adverse party to refrain from doing certain actions and require certain tasks to be done. Failure to comply is a violation of the order, in which the victim can request that the police and/or the court to enforce the order more closely depending on the severity of the violation.
==Restraining order provisions==
All protective order statutes permit the court to instruct the abuser to stay a certain distance away from someone, their home, their workplace or their school ("stay away" provisions) and to not contact them. Victims generally may also request the court to order that all contact, whether it be by telephone, notes, mail, fax, email or delivery of flowers or gifts, be prohibited ("no contact" provisions). Courts can also instruct the abuser to not hurt or threaten someone ("cease abuse" provisions).
Some states also allow the court to order the abuser to pay temporary support or continue to make mortgage payments on a home owned by both people ("support" provisions), to award sole use of a home or car owned by both people ("exclusive use" provisions), or to pay for medical costs or property damage caused by the abuser ("restitution" provisions). Some courts might also be able to instruct the abuser to turn over any firearms and ammunition he or she has ("relinquish firearms" provisions), attend a batterers' treatment program, appear for regular drug tests, or start alcohol or drug abuse counselling.
Many jurisdictions also allow the court to make decisions about the care and safety of any children. Courts can order the abuser to stay away from and have no contact with the children's doctors, daycare, school or after-school job. Most courts can make temporary child custody decisions. Some can issue visitation or child support orders. A victim can also ask the court to order supervised visitation, or to specify a safe arrangement for transferring the children back and forth ("custody, visitation and child support" provisions).
Because a restraining order ends intimate relationships by subjecting the practical and substantive continuation of the relationship to criminal sanction, its issuance is sometimes called a "de facto divorce".〔

抄文引用元・出典: フリー百科事典『 ウィキペディア(Wikipedia)
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