Can I Get An Immediate Restraining Order? - Zukerman Law

Can I Get An Immediate Restraining Order?

If you’ve been in danger of a spouse or other party injuring you in a domestic violence situation, you need to know the ways that you can protect yourself. One of the best ways is through a protective order, which is also known as a restraining order, peace bond, emergency protective order or emergency intervention order.

A protective order works by considering your protection needs. Do you want the person removed from the home? Do you need him or her to stay away from your workplace? You’ll need to inform the court of all the things you require to remain safe and to keep children or other family members safe, too.

An emergency protective order can be put into effect immediately in some cases. If you call the police, a law office or an advocacy group, then the order may be able to be activated more quickly. Temporary protective orders are also common, but to obtain one you’ll need to go to family court in most cases and then speak with a judge. The judge will need to know how many times you’ve suffered abuse or been threatened and will need to see evidence.

There are a few requirements for obtaining a protective order. First, you need to have been married or formerly married to the individual. Or, if you were not, then you must have lived together or be currently living together. If that doesn’t apply, if you were dating or are still dating, that may be enough to get a restraining order. If you’re related by blood, adoption or marriage, or if you have children in common, then you may be able to obtain the order as well.


Stuart Zukerman

Stuart Zukerman, a graduate of the University of British Columbia, has over 32 years of experience in litigation with a focus on Family Law, Personal Injury, Wrongful Dismissal claims, and Collaborative Divorce & Mediation. He has extensive trial experience in divorce, child custody, spousal support, asset division, and ICBC injury claims. As an accredited Family Law Mediator, he helps resolve disputes without court intervention. Stuart has also authored papers on family law and lectured at CLE courses.