Are you afraid that your partner or former partner will hurt you or your children? If so, you can request the court to make a restraining order. A restraining order is a document issued by the court which instructs an individual to stay away from another person. The Family Law Act allows you to get a restraining order against a person you are or were married to, or against a partner you are or were living with.
A restraining order is a legal document issued by a court that orders someone to stay away from another person or to stop certain behaviors, such as contacting, harassing, or threatening them. It’s designed to protect the safety and well-being of the person who feels threatened or harassed. Read more about the restratinong orders here.
Most people who file for restraining orders are victims of domestic violence. In Ontario, you cannot file a restraining order against an individual you have never lived with.
Here is a simple guide to filing a restraining order in Ontario.
Make sure you consult your lawyer before filing for a restraining order. If the family court deems your application as not urgent, you may be required to pay the legal costs of the other individual. Your lawyer will help you determine the type of protection you need. The judge can make an order which prevents your partner from making any contact with you or your children in person, through Facebook, phone calls or text messages. The judge can order supervised access when the partner is visiting the children. If you’re still living with your partner, he or she may be ordered to move out.
Visit your nearest family court; the court clerk will give you some forms to fill out. Make sure you provide all the information needed; your home and work address, your partner’s contact information and a detailed report of the incident. The court clerk may ask you to provide any evidence related to the abuse such as medical reports and photographs of body injuries.
Once you have filled out the forms, the court clerk will file your papers with a judge. If a judge considers your petition, a temporary order may be issued immediately. Most temporary orders will protect you up to the date of hearing. At this stage, the judge will set a date for the full hearing where the other party may be required to present their testimony.
The defendant will be served with the notice of the hearing and the temporary restraining order. In most cities, the court will get the law enforcers to serve the defendant with the papers. Once the defendant has been issued with the court papers, you need to file with the court that your partner was properly served.
You should be prepared to present your case before the judge. Gather any type of evidence such as medical or police reports, photographs of damaged property or injuries, witnesses of the abuse such as friends or neighbors, testimony or recorded conversations. You will be required to present your case clearly and completely to the hearing panel.
If the judge accepts your petition, the date of hearing will be scheduled. The period of time it takes for the hearing to take place will depend on your situation. If you requested for a temporary order, the hearing may take place within 24 hours or a week. A restraining order may be complicated and take longer than you expected because the judge has to listen to both sides before he or she makes the verdict. This is why it’s important to have your lawyer present when filing for a restraining order.
At this stage, you’ll present your case before the judge. If your partner is present at the hearing, he or she will be required to give his testimony. If none of you is present at the hearing, the judge may reschedule the hearing.
Make sure you attend your hearing because failure to do so will delay the process. You can ask your lawyer to request specific protections during the hearing. Support yourself by presenting evidence before the judge; if you have any witnesses, you could ask them to testify. If the offender doesn’t show up, the order will still be granted.
In Ontario, breaching a restraining order is a criminal offence and the law enforcers are authorized to make arrests. A restraining order could be permanent or effective for a specific period of time.
If you have any questions regarding Restraining Orders, our Toronto Family Lawyers are here to help you through the process. We also practice criminal law and deal with criminal defense arising from separations and divorce.
Depending on the Judge’s ruling the duration of a restraining order can range from a few years to forever.
You can request that the restraining order be permanent (meaning it lasts forever) or that it last for several years. Provided your partner respects the order, he or she will not come near you or your children for the duration of the order.
When you ask your lawyer to request a restraining order, you can tell him or her what you would like it to cover. Does your abusive spouse need to be kept away from your home? Your lawyer can request that condition.
What if your spouse has enlisted his or her relatives to make telephone calls to you on his behalf? You can ask your lawyer to prevent this behaviour through a restraining order. Your lawyer can also include your wishes that your partner not come within a certain distance of your office, your home or your children’s school.
A criminal condition isn’t permanent. Probation ultimately ends at a certain point, and being out on bail lasts until a trial takes place.
Officially you do not need a lawyer. However, hiring a restraining order attorney can be especially important if your case has complicating factors. Your lawyer will help you determine the type of protection you need. If the restraining order is issued against you a lawyer will be able to protect your rights as best as possible.
As mentioned above, you’ll need to gather police reports, photographs of damaged property or injuries, testimony of witnesses or recorded conversations. Note, that a restraining order can only be issued against a current or former partner or spouse. If you need protection from someone with whom you don’t have intimate relationship, you need to take a different legal approach.
It doesn’t matter whether you’ve been with your partner for one month or ten years. Also, you can request a restraining order even if you’re not married.
The bottom line is, when you’re in an abusive relationship, especially if there are children involved, you need a restraining order to stay safe.
