A restraining order is an order from a judge that you have no contact with another person and sometimes their family members, too. It may also impose other restrictions on you. For example, you may be ordered not to go to certain places or not to use alcohol in certain circumstances. Any conditions you have to follow will be spelled out in the restraining order. Consequence of …
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Normally, you will not see a judge for a few weeks, however, if the situation is an emergency, you can bring a motion to get a restraining order immediately. Depending on which court you are in, you will be required to attend either a first court date, or a case conference, where you will be able to explain your case.
A restraining order is a family court order that limits what a person can do in any way that the court thinks is appropriate to your situation. The order might limit where a person can go, or who they can contact or communicate with. For example, it can say that your partner must not: come within 500 metres of you and your children; come within 750 metres of your home and work; …
An illegally issued restraining order is not enforceable. A restraining order must also be based on some legal foundation. If a judge issues a restraining order for any other reason, such as a personal vendetta against you, the order will be invalid, and thus unenforceable. Defending Against to the Police Enforce Violation of a Restraining Order . In …
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The Ex Parte Restraining Order is in place only until the review date, usually within 2 weeks, to allow the respondent an opportunity to respond to the application. The date for the review is stated in your Ex Parte Restraining Order. You must go to court for the review.
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Arrive at a list of results you’d like to have the court enforce and be sure to specify whether you have any immediate fears for your safety or urgent worries. Complete an application form and a Canadian Police Information Centre (CPIC) Restraining Order Information Form. These forms are available only at the family court. You will add “motion materials” and …
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Restraining orders are hard to enforce; Penalties for disobeying a restraining order are usually less severe than for disobeying a peace bond and are not usually imposed. Applying for a restraining order is a more complicated legal process requiring written documents and usually involving a lawyer, and; Only a spouse, common-law partner, or a person who has custody of …
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Both types of protection orders are in effect for one year from the date they are made, unless a judge says otherwise. If the protection order is due to expire, an extension may be considered by a judge upon request.
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After the defendant receives notice and within a few days, the judge will hold a hearing to determine whether to make the restraining order final. At the hearing, the plaintiff must prove the truth of the allegations (by a preponderance of the evidence, not the stricter standard of beyond a reasonable doubt).
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A temporary restraining order (also known as a TRO) is valid as soon as the court issues them. They will frequently have a set expiration date, which can range anywhere from 5 days to 2 weeks. They can also last as long as it takes to arrange a subsequent hearing.
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Sometimes, getting a judgment is just the beginning of a long process. The Court hearing the case will render a judgment and make an order. A judgment declares who wins the case and often contains reasons why the judge decided as he or she did. In the judgment, the judge also orders exactly what is owed to whom. If enforcement is necessary, there are legal processes …
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The police can enforce the restraining order if the respondent does not follow it. Give the local police or RCMP a copy of the filed order and the filed Affidavit of Service, if they do not already have them. 8. Go to the review hearing. The court will hold a review hearing within two weeks of granting the restraining order without notice. At the review hearing, the respondent can …
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The final protective order will state the effective period for the protective order. Generally, the protective order cannot exceed one year. If the other party consents, the protective order can be effective for two years. There are some circumstances under which the order may become permanent (see the next question).
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If a temporary restraining order is made, it will end on the date in the order or may end when you and the other person return to court for another hearing. When you return to court, the judge may: The person who is subject to a restraining order must obey the terms of the order as soon as it comes to their attention.
After the defendant receives notice and within a few days, the judge will hold a hearing to determine whether to make the restraining order final. At the hearing, the plaintiff must prove the truth of the allegations (by a preponderance of the evidence, not the stricter standard of beyond a reasonable doubt).
Civil Court Restraining Order. If you have a civil court restraining order made by a court elsewhere in Canada, you must apply to the British Columbia court for an order authorizing police to enforce it. Staff at your nearest court registry will provide you with the information you need to register your order in B.C.
Cancelling a restraining or protection order. If you have a review date coming up for an existing order: go to court on the court date. explain to the judge that you want to cancel it and why. you may have to file an affidavit.