How Long Is A Restraining Order Enforceable

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1. Find a family courthouse near you. Find a courthouse to file your application. You should choose the court in the municipality where you or the other party lives.
2. Fill out an application. If you have not already started a family court case relating to other issues, you will need to file a Form 8: Application (General) to start the court process.
3. Serve the documents. You will have to serve (deliver) the respondent with: a copy of your court-issued documents that you filed at Step 2 so that the other person knows that you have started a case against them.
4. Confirm you will be in court on the date of the hearing. Once you have a date for your motion or application to be heard by a judge, you will need to complete and file a Form 14C: Confirmation with the court at least two days before your hearing date.
5. Go to court to explain your case. It is important to be in court on your hearing date. When your application or motion is heard, the judge will consider what you and the other person have written in your court documents and what you tell the court in person.
6. When a restraining order is made. If the judge makes a restraining order, family court staff will prepare the order for you. Always keep a copy of the restraining order with you.

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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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1. 1. when violence or threatening behaviour occurs between family members 2. must be a need for immediate protection 3. the police can obtain an EPO if they're investigating a domestic disturbance 4. can be used to remove an offender from their home and prevent their return 5. you can apply for an EPO from the Provincial Court without notice to the other party 6. an EPO must be reviewed by a judge within 9 working days 7. a judge can replace an EPO with a Queen’s Bench protection order Get an E
2. Queen’s Bench protection order1. the need may not be as urgent as the need for an EPO 2. application is done with notice to the other party 3. you can apply directly in the Court of Queen’s Bench for the order 4. the judge can also order that money be repaid if there were expenses because of the violence

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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.

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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; …

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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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Frequently Asked Questions

When does a temporary restraining order end in court??

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.

How long does it take to get a restraining order??

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).

How to get a civil court restraining order in Canada??

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.

How to cancel a restraining order or protection order??

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.

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