Think You Need a Restraining Order? Read This ASAP
Is your partner harassing you or your children? You may need a restraining order. A restraining order is a legal document which prevents a person from performing certain actions, such as contact you or your children, or come near you or your children.
How Do Restraining Orders Work?
You or your lawyer applies for a restraining order through the family court. Criminal courts don’t offer this type of protection order.
Are you worried that your request for a restraining order will be denied because your partner has never been charged or if the charge hasn’t been dealt with through the courts? Those factors might not prevent a judge from issuing the order. In fact, a judge might still grant the request even if your partner was charged and found not guilty.
What Does a Restraining Order Cover?
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.
How Long Does a Restraining Order Last?
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.
What’s the difference between a restraining order and a condition of his or her bail or probation that prevents him or her from returning home? A criminal condition isn’t permanent. Probation ultimately ends at a certain point, and being out on bail lasts until a trial takes place.
Does It Matter How Long We’ve Been Together?
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.
Legal Help with Restraining Orders
If you need help protecting yourself and/or your children, contact us. We will help you with the application and motions to get a Restraining Order.