How To Apply For A Restraining Order: A Few Simple Steps
The main purpose of a restraining order is to prevent someone from harassing you or your children. You can get a restraining order against a partner, former partner or a family member. Included in the order are specific terms which must be obeyed by the other party. The abusive individual may not be allowed to communicate with you or your children. He or she may be barred from going to places that you regularly visit and owning any fire arms. When applying for a restraining order, make sure to include the type of protection you need. Discussed below are steps to follow when applying for a restraining order in Ontario.
Establish Whether You Qualify
Filing for a restraining order implies that you are not in immediate danger. Contact your lawyer and he’ll determine whether you need to apply for a restraining order. It’s advisable to have your lawyer present when filing for a restraining order due to complications which may arise later.
Establish Your Restraining Needs
Put down the kind 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 the Court
In Canada, the supreme or provincial court can approve restraining orders. Visit the nearest family court or the Ontario court of justice and ask the clerk to provide you with the necessary forms. Complete the forms, the clerk will file the paperwork with a judge. You can contact your lawyer if you have any questions. If you’re appealing through the court, you’ll be required to pay legal fees and filing fees.
Attend the Hearing
Failure to attend your hearing will have the case dropped, so make sure you do. Make sure you present evidence to support yourself; if possible, provide the social security number of your partner, his or her work address and medical or police reports of the abuse. In most cases, the abusive partner will be summoned to court to give his or her testimony. The judge will determine if the situation requires issuance of a restraining order. If the other party doesn’t appear in court, the order will still be granted.
While applying for a restraining order, you’ll also be required to fill out a Canadian Police Information Center Restraining Order Information Form. This form makes it easier for the police to identify the abusive partner. If your partner breaks any condition in the order, he or she will be arrested for a criminal offence. Restraining orders could be permanent or remain in effect for many years.
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