Requirements for getting a temporary restraining order?


#1

Well, I haven’t checked this forum for a while… but, to answer the question, I do not think she can get a TRO unless they are married or in some other family relationship. She should go to the police and file a report and then inform the guy that she has done so and that if anything happens to her or her family, even if only a real accident, he will be suspect no. 1.

Not much help, I know. Unfortunately, unless she is willing to press the matter, there isn’t much anyone can do.


#2

T,

I am hoping upon hope that this is only your considered opinion and that you are unsure as to the matter of a TRO. I know this isn’t Canada, but it surely can’t be Somalia. In Canada, all one need claim is that you fear for your well being. From anyone. Threatening emails are surely evidence enough?

Man, this is one fucked-up place if this basic human right isn’t in place.

Colour me ashen.


#3

I’m 99% certain that one cannot obtain a TRO unless the matter is a “domestic” matter.

That info is from the same page as the info that follows below. Here’s what the Taichung Gov’t advises re sexual assault (note that there is no provision for obtaining a restraining order):

That all jives with what the Taiwanese attorneys have told me in the past… i.e., that TRO are only available in domestic situations.


#4

I’ve been doing a bit of looking up to find the Chinese term for “control order” or “restraining order.” I came up with:

禁制令 jinzhiling
控制另 kongzhiling
管制命令 guanzhi mingling
暫時限制令 zhanshi xianzhiling
假處分 jiachufen

I think the operative word here is jiachufen (provisional disposition), which, as far as I can tell, means any action taken to deal with a situation before it goes to court, e.g. to restrict someone’s movements, prevent them from going abroad (限制出境 xianzhi chujing), freeze their bank account (假扣押 jiakouya = provisional seizure) etc. I am guessing that the advice that a temporary restraining order is only applicable in cases of domestic violence may have been because the term zhanshi xianzhiling is used in domestic violence laws, and the person giving the advice was not association the English term “TRO” with other forms of jiachufen. Like Toe Save, I can hardly believe that some kind of control order is not available in case of violence or threats that do not involve domestic partners.


Reference:

Women-related laws in Taiwan


Domestic Violence Prevention Act


Lots more ROC laws in English


#5

Is it possible to get file for a TRO against someone for stalking? The person has gone so far as contact family member abroad to know the stalked whereabouts. No obvious threat but the behavior is very psycopathic as contacting unrelated people with the same surname in a certain regions.


#6

FYI

http://focustaiwan.tw/news/aipl/201804190020.aspx


#7

Thank you. Any idea if the bill has passed?


#8

It passed the first reading. But maybe not yet the third reading.


#9

If the agressor is not in Taiwan but the victim is, where should the charges be pressed?


#10

How could it possibly work?


#11

Definetly complicated, but the person is out of control harrasing everyone.

Looking for a way to solve this and make it stop.