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can someone tell me something about restraining orders in Canada?
Actually I would like to know everything about it. I know it's done through a lawyer, but is it easy to get one, or only if there is a history of violence, etc?
2 Answers
- 7 years ago
Here is some stuff to get you started:
There is a criminal "restraining order" that is known as a peace bond. It's basically an order made as part of the criminal process. This kind of order is common where there is evidence that future violence is a realistic possibility -- due to past violence, threats, etc. Crown counsel will make the application.
In the civil process, the police are not involved other than to enforce the restraining order. The most common sort of order (in BC) is granted pursuant to the Family Law Act. You need to show that there is a need for protection. The Family Law Act has a very wide definition for family violence, including non-physical violence. Orders can be gotten to prevent children from being exposed to violence between adults.
If there is a realistic possibility of violence (you have to prove this), you can get similar orders in non-family situations, but the law is not as strong as in the family law situations.
If the threat of violence is serious enough, you can get the order without giving advance notice to the other person.
This kind of order can be tricky and I strongly advise you to get legal counsel.
Here's a word of warning -- sometimes when one person who has been victimized by someone starts to break the cycle of victimization (and getting a restraining order is part of this), the perpetrator can become upset and attempt to crank up the intensity of what they are doing. Sometimes they ignore court orders. Before going after such an order, which has to be served on the perpetrator to be effective, make sure you have a safety plan in place so you can avoid danger if the perpetrator decides to come after you. I'm not saying this to scare you away from taking action, just giving you a heads up.
Source(s): 20 + years of legal practice - ?Lv 67 years ago
call a local police station ... NOT 911 ... the number they provide
explain your situation .. who, why, what
they will be able to tell you how to proceed
you have to be able to show that you life is in risk from the person