How Restraining Orders Work in Toronto, Ontario
Divorce is a difficult time. Unfortunately, sometimes it is necessary to protect yourself or your children from a violent spouse. If that is the case, you can protect yourself by getting a Restraining Order.
How to Get a Restraining Order
If you are being physically or emotionally harassed or are afraid of harassment, you (or your family law lawyer) can apply for a Restraining Order. To apply for a Restraining Order, you will need to file an application at your local courthouse.
How to Get a Temporary Restraining Order
If you feel you or your children are in immediate danger, you may get a Temporary Restraining Order by filing a motion without notice with your application. This motion can grant you a Temporary Restraining Order, typically effective for seven days, which protects you from your spouse. After the seven days, your spouse will need to be notified of the Restraining Order application. You will need to appear in Court, at which time the Court may extend the conditions of the Temporary Restraining Order indefinitely.
Restraining Order Enforcement
If your spouse is breaking the conditions of the Restraining Order, local law enforcement can arrest him/her. Breaking Restraining Orders can result in fines and jail time.
If the conditions of a Restraining Order are voluntarily broken, for instance, if the applicant voluntarily communicates with his/her spouse, future enforcement of the Restraining Order by the Courts may be compromised.
Related Information
Legal Help with Restraining Orders
For help getting or changing a Restraining Order, you may need a Family Law Lawyer’s help. Fine & Associates Professional Corporation in Toronto understands the stress that divorce brings. Our lawyers understand how the laws apply to your situation and know that sometimes extra measures are required to protect your safety and your rights. 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. We can help you through the other steps in the divorce process as well.