A legal consultation: a solicitor advises a domestic violence survivor on interim intervention order breaches, court hearing procedures, and evidence requirements.
- Dana Gray · turn 1
Good morning, Mrs Qian. The court granted the interim intervention order last Wednesday. Has your husband tried to contact you since then?
錢太太,早安。法院上週三已批准了臨時干預令。自那以後,您丈夫有沒有試圖聯繫過您?
- 錢太太 · turn 2
他試過打電話給我。我看到是他的號碼,所以沒有接。上個星期他還送了一束花到我朋友開的餐館,我朋友後來轉交給我了。我不知道他這算不算是在聯繫我。
He tried calling me. I saw it was his number, so I didn't answer. Last week, he also sent a bouquet of flowers to the restaurant run by a friend of mine, and my friend later passed it on to me. I don't know if that counts as contacting me.
- Dana Gray · turn 3
He’s not supposed to do that. Once the Apprehended Domestic Violence Order has been served on him, he’s not allowed to make any attempt to contact you, either directly or indirectly. Sending you flowers through somebody else could potentially amount to a breach of the order. Does he know where you’re living now?
他不應該這樣做。家庭暴力禁止令(ADVO)一旦送達給他,他就不得以任何直接或間接的方式試圖聯繫您。透過他人給您送花,可能已構成違反禁令。他現在知道您住在哪裡嗎?
- 錢太太 · turn 4
不知道,我沒告訴過他。實際上,除了這個開餐館的朋友以外,我沒有跟其他人說過。我怕要是他知道了,我就永遠躲不過他了。可能上週五他還沒有收到法院的文件吧,也許警察一直聯繫不上他。
No, I haven't told him. In fact, apart from this friend who runs the restaurant, I haven't told anyone else. I'm afraid that if he finds out, I'll never be able to get away from him. Maybe he hadn't received the court documents last Friday yet; perhaps the police haven't been able to get in touch with him.
- Dana Gray · turn 5
I’ll find out exactly when the order was served on him. The timing is important. If he sent you the flowers after the order had been served, he may have breached the order. If that’s the case, we can report the breach to the police and the matter can be brought before the court. Keep the flowers, the card, any messages and your phone records. Don’t delete anything.
我會核實該禁令究竟是何時送達給他的。時間點非常關鍵。如果他是在禁令送達之後才給您送花,他就可能違反了禁令。如果是這樣,我們可以向警方舉報該違規行為,並將此事呈交法庭處理。請保留那些花、卡片、任何短訊和您的通話記錄。切勿刪除任何內容。
- 錢太太 · turn 6
你看,我沒打算讓他去坐牢什麼的。我只想讓他離我遠一點,別再來找我,這樣我們就能快點把離婚的事情辦了。我真的不想把事情越鬧越大。你說我們還要再去一次法庭,是為什麼?
Look, I have no intention of sending him to jail or anything. I just want him to stay away from me and stop looking for me, so that we can get the divorce sorted out quickly. I really don't want to blow things out of proportion. You mentioned we need to go to court again—why is that?
- Dana Gray · turn 7
Because the order you have at the moment is only an interim order. Its purpose is to protect you and keep your husband away from you until the court has had an opportunity to fully consider the matter. When we go back to court next week, we’ll need to present further evidence in support of your application for a final order. Although we may be able to rely on police records as evidence of some or all of the incidents you reported, you’ll still need to appear in court, give evidence and, if your husband contests the application, you may be cross-examined by his lawyer.
因為您目前持有的只是臨時禁令。其目的是在法院有機會全面審理此案之前,保護您的安全並讓您的丈夫遠離您。下週我們重返法庭時,我們需要提交進一步的證據,以支持您申請最終禁令。 儘管我們或許可以依賴警方記錄作為您所報告的部分或全部事件的證據,但您仍需親自出庭作證;如果您的丈夫對申請提出抗辯,您還可能會接受他律師的盤問。
- 錢太太 · turn 8
可是上次出庭的時候,我把我的地址,就是那個舊地址,給了裁判官。要是這次又要給法庭我的新地址,我丈夫不就知道我現在住在哪兒了嗎?他要是不甘心,知道地址以後跑過來抓我,甚至再打我,我怎麼辦?
But last time I appeared in court, I gave my address—the old address—to the magistrate. If I have to give the court my new address this time, wouldn't my husband find out where I live now? If he won't let it go, and comes over to grab me or even beat me again once he knows the address, what will I do?
- Dana Gray · turn 9
Don’t worry. We can ask the court to keep your current address confidential. If the magistrate needs it, you can write it on a separate piece of paper and hand it directly to the court rather than saying it aloud in front of your husband. We’ll make it very clear that disclosing your address could put you at risk. In the meantime, don’t tell anyone your location unless you trust them completely, and if your husband turns up or threatens you, call the police immediately.
別擔心。我們可以請求法院對您的現居住址予以保密。如果裁判官需要該地址,您可以寫在一張單獨的紙上直接呈交法庭,而無需在您丈夫面前大聲說出來。我們會明確指出,披露您的地址可能會置您於危險之中。 在此期間,除非您完全信任對方,否則不要向任何人透露您的位置;如果您丈夫找上門來或對您發出威脅,請立即報警。
- 錢太太 · turn 10
對不起,我總是很緊張,也很害怕。可是我再也不想被他打了。我還擔心,要是這次告他不成,反而激怒了他,我該怎麼辦?他這個人一發起火來,什麼都做得出來。下次出庭以前,我們還需要準備什麼證據呢?
I'm sorry, I'm always very nervous and scared. But I never want to be beaten by him again. I'm also worried about what I'll do if our case against him fails and it enrages him instead. When he gets angry, he's capable of doing anything. Before going to court next time, what other evidence do we need to prepare?
- Dana Gray · turn 11
We need evidence that supports your account that he actually physically attacked or abused you. Think about whether there were any witnesses. Did any of your neighbours ever hear an argument or see what happened? What about his family or friends? Did anyone ever see you immediately after one of these incidents? Also, did you ever see a doctor or go to hospital because of your injuries? Medical records can be useful. And do you have any photographs showing bruising, swelling or other injuries caused by the physical abuse?
我們需要能支持您陳述的證據,以證明他確實對您實施過人身攻擊或虐待。回想一下是否有目擊證人。您的鄰居中是否有人曾聽見爭吵或看見事發經過?他的家人或朋友呢?是否有人在其中一次事件發生後立即見過您? 此外,您是否曾因受傷而看過醫生或去過醫院?醫療記錄會很有用。另外,您是否有任何照片顯示因遭受肢體虐待而導致的瘀青、腫脹或其他傷痕?
- 錢太太 · turn 12
我和鄰居都不熟。他的家人和朋友肯定是不會幫我的。他們一直都覺得是我小題大做。不過,我倒是有你說的那種證據。 昨天我在看我們以前度蜜月的照片。我那時候穿了一件無袖上衣,照片裡兩隻胳膊上的瘀青都看得很清楚。我以前一直不願意看那些照片,所以差點把這件事忘了。你能相信嗎?我們還在度蜜月的時候他就已經開始打我了。
I'm not familiar with my neighbours. His family and friends definitely won't help me; they've always thought I was making a big fuss over nothing. However, I actually do have the kind of evidence you mentioned. Yesterday I was looking at our old honeymoon photos. I was wearing a sleeveless top at the time, and the bruises on both of my arms can be clearly seen in the photos. I had always been unwilling to look at those photos, so I almost forgot about it. Can you believe it? He had already started beating me while we were still on our honeymoon.
- Dana Gray · turn 13
Those photographs could be very important. Please don’t alter or edit them. If they’re digital photographs, keep the original files as well as any information showing when they were taken. Bring them to me and we’ll consider whether they should be included in your evidence. Do you remember how you got those bruises? The court may ask you to explain what happened, particularly if your husband denies causing them.
那些照片可能非常重要。請不要對照片進行任何改動或編輯。如果是數碼照片,請保留原始檔案以及任何能證明拍攝時間的元數據資訊。把照片帶給我,我們會評估是否應將其作為證據列入。 您還記得那些瘀傷是怎麼造成的嗎?法庭可能會要求您解釋事發經過,尤其是如果您丈夫否認是他所致的話。
- 錢太太 · turn 14
我記得。那天晚上我們為了一件很小的事情吵架,他突然抓住我的兩隻胳膊,把我推到牆上。我第二天起床才發現兩邊都腫了,而且青一塊、紫一塊的。可是當時我們人在國外,我人生地不熟,也不知道可以找誰幫忙,所以沒有報警,也沒有去看醫生。
I remember. That night we argued over a very minor matter, and he suddenly grabbed both of my arms and shoved me against the wall. When I woke up the next morning, I found both arms were swollen and covered in blue and purple bruises. But at the time we were overseas, I didn't know the place or people, and had no idea who to ask for help, so I didn't call the police or see a doctor.
- Dana Gray · turn 15
That doesn’t necessarily mean the photographs can’t be used. You can explain the circumstances to the magistrate. What matters is that you tell the court truthfully what you remember and don’t exaggerate anything. Your husband, or his lawyer, may challenge your version of events during cross-examination. Some of the questions may feel quite personal or confronting, but listen carefully and answer only the question you’re asked. If you don’t understand a question, say so rather than guessing.
這並不意味著這些照片就不能使用。您可以向裁判官說明當時的情況。重要的是您要如實陳述您的記憶,不要有任何誇大。 您丈夫或他的律師可能會在盤問中質疑您對事件的描述。某些問題可能會讓您感到非常隱私或具有對抗性,但請仔細聆聽,並且只回答向您提出的問題。如果您聽不懂某個問題,請直接說明,而不要憑空猜測。
- 錢太太 · turn 16
他也會在法庭裡嗎?如果我要當著他的面講這些事情,我怕我一看到他就腦子一片空白,什麼都說不出來。
Will he be in the courtroom too? If I have to say these things in front of him, I'm afraid my mind will go completely blank and I won't be able to say anything the moment I see him.
- Dana Gray · turn 17
He may be there, particularly if he intends to contest the final order. But there are measures we can discuss with the court to help you give your evidence safely. We’ll go through the procedure before the hearing so you know what to expect. And remember, the purpose of these proceedings isn’t to punish him for the sake of it. The immediate issue before the court is whether an order is necessary to protect you from further violence, threats or intimidation.
他可能會在場,特別是他若打算對最終禁令提出抗辯的話。但我們可以與法院商討採取一些措施,以協助您安全地作證。我們會在聆訊前為您梳理整個流程,讓您做好心理準備。 請記住,這些法律程序的訴求並不是為了單純懲罰他。法院當前需要裁決的核心問題,是是否有必要頒布禁令來保護您免受進一步的暴力、威脅或恐嚇。
- 錢太太 · turn 18
好吧。我只希望這件事趕快結束。我不是想報復他,也不想跟他鬥個你死我活。我只想安安穩穩地過自己的日子,不用每天提心吊膽,怕他突然又出現在我面前。
Alright. I just hope this matter ends soon. I don't want revenge on him, nor do I want a fight to the death with him. I just want to live my life in peace, without being on tenterhooks every day, worrying that he might suddenly show up in front of me again.
- Dana Gray · turn 19
I understand. For now, keep a record of any attempt he makes to contact you, including calls from unknown numbers, messages, gifts or contact through other people. Don’t respond to him yourself. If you believe he has breached the order or you feel you’re in immediate danger, contact the police. Bring the honeymoon photographs and anything else you think may support your account to our next appointment. We’ll organise the evidence and prepare you for the hearing.
我明白。目前而言,請記錄他試圖聯繫您的任何舉動,包括來自未知號碼的電話、短訊、禮物或通過他人的聯繫。切勿自行向他回應。如果您認為他違反了禁令或感到自身面臨立即危險,請聯繫警方。 請在下次會面時帶來度蜜月的照片以及您認為可能支持您說法的任何其他材料。我們會整理證據並協助您為聆訊做好準備。
- 錢太太 · turn 20
好的,我回去就把照片和其他東西都整理出來。謝謝你。至少現在我知道下一步該怎麼做了。
Alright, I'll sort out the photos and other things when I get back. Thank you. At least now I know what to do next.
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