RESTRAINING ORDER

RESTRAINING ORDERrestraining orders - Family Law Lawyer Mississauga, Oakville, Brampton, Toronto

Domestic violence is a serious issue that impacts numerous families, involving physical or emotional abuse within a household and may necessitate a RESTRAINING ORDER. We understand the toll domestic violence takes on victims and their loved ones. Our goal is to provide expert and compassionate legal support so you don’t have to face it alone. If you were assaulted or threatened by your spouse/partner - you can ask the court for a restraining order.  Such order may require your spouse or partner to stay away from you. It can also be more specific, stating that your spouse or partner must not come to your home, workplace, or children's school. It may also include other frequent locations, such as your place of worship or your parent's home.

If your spouse/partner disobeys the restraining order, you have to call the police. The police will want to see a copy of the order so you should keep it with you at all time.  Your spouse or partner can be arrested if the police believe they have disobeyed the court issued order. They may also be charged with a crime.

Usually one applies for restraining order as part of a larger court proceeding, but it is possible to apply for such an order alone.  The process can take many months.  It will require a formal submission, evidence, and a hearing at which both sides can make their claims.

In some circumstances, a person who fears for her/his immediate safety can ask the court for an “ex parte restraining order”.  In such a case, your ex-partner is not notified of the application, and the judge can issue the order immediately. This type of order typically is typically short lived. It is intended to keep you safe while your ex-partner is notified. Your ex-partner will then have the opportunity to tell his or her side of the story.