Can an abuser be ordered to pay child or spousal support through a restraining order?
Yes, an abuser can be ordered to pay child or spousal support through a restraining order in California. A restraining order is a court order that can be issued to protect someone from abuse, harassment, stalking, or threats of violence. A restraining order can order an abuser to stay away from a victim, to have no contact with the victim, their family, or their property. In some cases, the court may order the abuser to pay child or spousal support as part of the restraining order. For a court to order the abuser to pay child or spousal support, the victim must be legally separated, divorced, or have a petition for dissolution of marriage or a petition for legal separation. The court can also order an assessment to occur to determine the amount of support to be paid. In cases where the victim is not in an official legal relationship with the abuser, the court can still order the abuser to pay support. This usually happens when an individual is not comfortable filing for a restraining order due to fear of the abuser. Under these circumstances, the court will order an assessment and the abuser will be responsible for paying the amount determined by the assessment. Additionally, an abuser can be ordered to pay monetary damages to the victim. This would include reimbursements for medical bills, counseling fees, and other related expenses. In any case, it is important to remember that a restraining order is not a substitute for a divorce or legal separation. If a person wants to seek child or spousal support, they must file the appropriate paperwork in the court.
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