How Do I File A Restraining Order In Ontario?
Under the Canadian family law legislation, you can get a restraining order against your former partner or a family member. Note that you cannot apply for a restraining order against a person you have never lived with; however, the court could grant you a peace bond. A restraining order bars the individual from making contact with you or your children. Another common term in the order bars the offender from coming close to you or the children. When applying for a restraining order, you should think about the type of protection you want and note it down clearly. Discussed below are simple steps to guide you when filing for a restraining order in Ontario.
Visit the Family Court
The process of obtaining a restraint order may be confusing; therefore, ensure your lawyer accompanies you to the court. Ask the court clerk to provide you with the necessary forms; your lawyer should guide you.
Fill Out the Forms
You’ll be required to complete a petition for a restraint order and an affidavit which gives an account of what happened. The court clerk may require you to provide contact details of the offender such as his photograph, home and work address or his social security number. Make sure you provide all evidence linking the offender to the abuse such as recordings, photographs of injuries sustained during the abuse or police and medical reports. The court clerk will file your papers with a judge as you await the date of hearing which will be communicated later.
Attend Court Hearing
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.
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.
Issuing the Restraining Order
After the hearing, the judge will issue the restraining order which comes with conditions that need to be fulfilled by the other person. Keep a copy of the order with you at all times and give the other copies to places that you frequent such as your school, place of work or the children’s school. Section 127 of the Criminal Code states that breaching a restraining order is a criminal offence. If your partner breaches the contract; he’ll be arrested, charged and may serve up to 2 years in prison.
When your kids are affected by the divorce law process, you need a well experienced family law lawyer to ensure the best result for your family.