How To Get A Restraining Order In Ontario
The process of getting a restraining order may vary across different provinces; however, there are common rules and policies observed. There are two basic reasons as to why an individual would obtain a restraining order against a person. One of the reasons would be protection against harassment while the other would be for security reasons. Legal experts suggest that it’s important to consult your lawyer before applying for a restraining order. He or she will help you know what kind of protection you need. In Ontario, a restraining order could be permanent and can prevent a person from making any form of contact with you. If you’re looking to get a restraining order in Ontario, you can use the following steps.
Contact Your Lawyer
Contact your lawyer, he or she will know whether you qualify for a restraining order. In Ontario, you need to have a close connection with the other party such as being married or having children together. You can still apply for a restraining order even if the period of time you lived with your partner was short.
Visit the Court
Visit your nearest family court and fill the necessary forms. You’ll be required to give your contact address and that of the other party. You can provide his or her social security number, work address or picture and don’t forget to give a detailed description of what the respondent did to you. You can have your lawyer accompany you to the court; he or she will help if you have any questions.
A preliminary hearing may be arranged on the same day for an ex-parte restraining order. The judge will examine your paperwork and you can request for a temporary restraining order. The temporary order will protect you up to the full hearing. The judge will also set a date for the full hearing.
Notify the Defendant
Make sure that the other party is served in person with the temporary order and notice of hearing. You don’t have to present the paperwork yourself; the court will get someone to do it. You could have a close friend or family member perform the service for you. Once the defendant has been served with the court papers, you need to file with the court stating that the defendant was served.
Attend the Hearing
Make sure you appear at the hearing because if you don’t, your case may be dropped and your temporary order will expire. If the other party does not appear, the restraining order may still be granted. Provide evidence such as medical reports, police reports, recordings, text messages, photos of injuries and damage to property. Your lawyer can train you how to present your case accurately and clearly.
When the restraining order has been granted, make sure that you keep a copy with you at all times. The length and conditions on the order depends on the judge’s disposition. If your partner breaches the order, he will be arrested and charged for committing a criminal offence.
Don’t be afraid to move forward with your life. Fine & Associates have the right divorce lawyers and family law lawyers in Toronto to help you get started today