English translation: vacation order plus restraining order
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17:38 Aug 8, 2011
English to English translations [PRO] Law/Patents - Law (general) / Matrimonial law/USA
English term or phrase:Ouster order
I need a UK to USA rendering of "ouster order".
ouster order
Definition
noun
a court order ejecting an occupier from a property, used especially in matrimonial proceedings against a violent spouse
Explanation: Again, I am not an expert in legal terminology, but "vacation order" is a term that immediately came to mind as the term one might use. I Googled it a bit and found that it is commonly used in the U.S. when a judge orders a spouse to vacate the marital home.
A "restraining order," on the other hand is the order that requires the abusive spouse to stay away from his/her victim. They are two different things, and I don't know that there is a single term in the U.S. to cover both scenarios (although there might be).
Ordinarily, I would not answer a question of this nature (outside my normal fields of expertise), but perhaps my response can lead you in the right direction.
-------------------------------------------------- Note added at 3 hrs (2011-08-08 20:53:31 GMT) --------------------------------------------------
Here is an official example of "vacation order" used in Ohio:
5.03 REQUEST FOR EXCLUSIVE POSSESSION OF RESIDENCE
All motions requesting an order for one party to vacate the marital residence shall be handled on a case by case basis. In order to secure a vacation of premises order on an ex parte basis, the party seeking such order must move the court for such relief and provide an affidavit with information concerning the appropriateness of such order. This includes the reasons for needing the order, the alternative living arrangements which the party sought to be excluded may have, and the relative income of the parties. The moving party shall submit a journal entry for use by the court in the event the motion is granted. The journal entry shall include blank spaces for the insertion of a hearing date and time so the evicted party can have a review hearing before ****the Magistrate who issued the vacation order.**** Said hearing shall be scheduled within ten (10) days of the issuance of the order to vacate.
-------------------------------------------------- Note added at 3 hrs (2011-08-08 20:57:28 GMT) --------------------------------------------------
Here is an example of "restraining order" from the same source:
6.01 MUTUAL RESTRAINING ORDER
A mutual temporary restraining order shall be issued by the Magistrates forbidding both parties from harassing, abusing or annoying one another and enjoining both parties from transferring or encumbering their assets, upon the submission of an appropriate written entry prepared by either party or their counsel. The entry shall be captioned as a 'Magistrate's Order' with a signature line for use by the Magistrates. An affidavit in support of such an order shall not be required for the issuance of such an order provided the order restrains both parties.
Notice that the word "harassing" is used. As I mentioned in the discussion entry, I believe that "harass" sounds better than "molest" in U.S. English. Again, though, someone else may be better qualified to offer an opinion on that point.
In the end I went with restraining order, since the order doesn't specify eviction as such, just that the husband must not approach the marital home. Many thanks! 4 KudoZ points were awarded for this answer
Digging a little further, I have the impression that the term I came up with, "residence exclusion order", is used specifically in California and not necessarily across the US. I'll add a note to my answer.
It sounds as though this is a combination of an ouster order (now called an occupation order?) and a non-molestation order, in UK terms (Family Law Act 1996). Your question mentioned only an ouster order, and as far as I am aware that covers only ejection from the property.
In the US, this would appear to be a combination of a residence exclusion order (assuming I am right about that term) and some kind of restraining order (there is more than one kind), or perhaps a no-contact order.
You may also wish to substitute the word "harass" for "molest" as "molest" most often refers to sexual molestation in the U.S. I am not an expert in legal terminology, however, so you may want to double-check with someone who is.
He is to vacate the matrimonial home and not to molest or disturb her in any way whatsoever.
So I guess restraining order works if that is also a term used in US. Do you also use non-molestation order?
Explanation: Again, I am not an expert in legal terminology, but "vacation order" is a term that immediately came to mind as the term one might use. I Googled it a bit and found that it is commonly used in the U.S. when a judge orders a spouse to vacate the marital home.
A "restraining order," on the other hand is the order that requires the abusive spouse to stay away from his/her victim. They are two different things, and I don't know that there is a single term in the U.S. to cover both scenarios (although there might be).
Ordinarily, I would not answer a question of this nature (outside my normal fields of expertise), but perhaps my response can lead you in the right direction.
-------------------------------------------------- Note added at 3 hrs (2011-08-08 20:53:31 GMT) --------------------------------------------------
Here is an official example of "vacation order" used in Ohio:
5.03 REQUEST FOR EXCLUSIVE POSSESSION OF RESIDENCE
All motions requesting an order for one party to vacate the marital residence shall be handled on a case by case basis. In order to secure a vacation of premises order on an ex parte basis, the party seeking such order must move the court for such relief and provide an affidavit with information concerning the appropriateness of such order. This includes the reasons for needing the order, the alternative living arrangements which the party sought to be excluded may have, and the relative income of the parties. The moving party shall submit a journal entry for use by the court in the event the motion is granted. The journal entry shall include blank spaces for the insertion of a hearing date and time so the evicted party can have a review hearing before ****the Magistrate who issued the vacation order.**** Said hearing shall be scheduled within ten (10) days of the issuance of the order to vacate.
-------------------------------------------------- Note added at 3 hrs (2011-08-08 20:57:28 GMT) --------------------------------------------------
Here is an example of "restraining order" from the same source:
6.01 MUTUAL RESTRAINING ORDER
A mutual temporary restraining order shall be issued by the Magistrates forbidding both parties from harassing, abusing or annoying one another and enjoining both parties from transferring or encumbering their assets, upon the submission of an appropriate written entry prepared by either party or their counsel. The entry shall be captioned as a 'Magistrate's Order' with a signature line for use by the Magistrates. An affidavit in support of such an order shall not be required for the issuance of such an order provided the order restrains both parties.
Notice that the word "harassing" is used. As I mentioned in the discussion entry, I believe that "harass" sounds better than "molest" in U.S. English. Again, though, someone else may be better qualified to offer an opinion on that point.
Amel Abdullah Native speaker of: English PRO pts in category: 4
Grading comment
In the end I went with restraining order, since the order doesn't specify eviction as such, just that the husband must not approach the marital home. Many thanks!
Explanation: I suggest this because orders of eviction are sought and granted in many circumstances which often have nothing to do with matrimonial disputes, but it appears that the term "residence exclusion order" is used in the United States specifically in relation to domestic violence and related issues.
"7. What law or process is available for me to compensate for being wrongfully evicted from my home and deprived of my possessions by an ex parte residence exclusion order?"
"We are uncertain whether or not you have or have had a hearing on this ex parte order. However, according to Senate Judiciary staff, you can make your case to the judge that the residence exclusion order is unwarranted." http://groups.yahoo.com/group/FamilyWars/message/9096
"Based in Orange County, the Law Office of Ann A. Thomson protects victims of domestic violence throughout Southern California. Ann can help you find real solutions, including:
* Temporary restraining order (TRO)
* Domestic violence restraining order
* Restraining order after hearing (CLETS)
* No contact order
* Residence exclusion order" http://www.annthomsonlaw.com/PracticeAreas/Domestic-Violence...
-------------------------------------------------- Note added at 3 hrs (2011-08-08 21:27:31 GMT) --------------------------------------------------
"Residence exclusion order" appears to be a Californian term. Perhaps the best expression to go for here is Order of Protection, since this covers (or can cover) both exclusion from the marital home and non-molestation. The term is used in a number of states. Here's an explanation from New York:
"Q. What kinds of things can be put in my order of protection?
A. Among other things, the judge can order the respondent or defendant:
• not to assault, menace, or harass you or commit crimes of reckless endangerment or disorderly conduct towards you.
• to be removed by the police from where you are living.
• to stay away from you, your residence, your job, and other places you may want.
• not to telephone or e-mail you or write you letters." http://www.courts.state.ny.us/courthelp/faqs/domesticviolenc...
A quick search produces similar references from Illinois, Arizona, Hawaii and a number of other states.
Charles Davis Local time: 03:17 Native speaker of: English PRO pts in category: 16
The translation workplace 
peer agreement (net): +2
