If you’ve been in a situation where a spouse or other party hurts you in a domestic violence case, you must know the ways that you can keep yourself safe. One of the best ways to keep yourself safe from harm is through a protective order. A protective order is also known as a restraining order, peace bond, emergency protective order, or emergency intervention order.
The effectiveness of a protective order lies in considering your protection requirements. Do you want to take the person away from your home? Do you need them not to go near your workplace? You’ll need to let the court know everythings you need to stay safe and keep children or other loved ones safe, too.
This blog will explore the restraining order in Canada, its requirements, and its differences from the peace bond.
What is a Restraining Order?
Commonly named restraining orders, they refer to protection orders given by the courts in Canada to keep family members or others safe from physical, sexual, psychological, or emotional violence or the danger of hurt.
These orders typically exist as a family protection order or peace bond. Either can be utilized to keep a person safe from a potentially dangerous situation, but in an emergency where there is a danger of impending hurt, it’s usually best to call the police.
An emergency protective order can be put into practice promptly in some cases. If you call the police, a law office or an advocacy group, the order may be implemented more rapidly. Temporary protective orders are also issued, but to get one you must go to family court in most cases and then speak with a judge.
The judge will need to be informed how many times you’ve been subjected to abuse or been frightened and will need to see evidence.
Can You Apply for a Restraining Order in Canada?
Only some people can request a restraining order in Canada. For instance, you can request a restraining order against your ex-spouse if you have forebodings about your safety and your family members.
You can also only make an application for the restraining order if you have lived with the other party or have children with them. If you are not able to meet these two required conditions, then you can request a peace bond, which can be requested against anyone, even your neighbor.
What Does a Restraining Order in Canada Help with?
There are numerous ways a restraining order in Canada can be advantageous to you. For instance, the person you are afraid of is not allowed to be in touch with you or your children in any way.
In addition to that, they need to be physically away from you and the children. They aren’t also given permission to go near to places you frequently visit, like your:
- Workplace
- Family member’s home
- Home
- Children’s school
- Place of worship
Depending on the conditions of your case, a judge can also consider other kinds of constraints in the restraining order. So, when you make a request, you need to shed light on the types of limitations that will be useful to you and clarify this to the judge.
Doing this will make it sure that the judge has a clear understanding of your case, and that the restraining order can be put into effect. If you need help figuring out where to start being specific, you can communicate with a family lawyer in Canada to help you out.
How Long Do Restraining Orders Last in Canada?
The length of time for which a restraining order in Canada will last will depend on the period determined by the court.
So, it is up to the court to decide how long the order will remain usable. During this time, it is significant that both parties act according to the terms of the order; otherwise, a violation could cause strict consequences.
What Is the Penalty for Breaching a Restraining Order?
In case of breaching the restraining order, you can immediately notify the police.You can also prepare to go to a safe place like a loved one’s home or a women’s shelter.
It is a punishable action to breach a restraining order. If the other party breaches this order, they will be seized by legal authorities and charged.
They may have to suffer jail time or fines if they are declared guilty of a criminal offense. If you think the police are not being useful in putting the restraining order into effect in Canada, then you can inform your family law experts.
No-Contact Order Vs Restraining Order
A no-contact order has a specific connection with criminal proceedings and is officially forced by the Court or police. In contrast, a restraining order refers to a civil order, usually put into action in situations of domestic violence or harassment, but is not related to criminal charges.
Peace Bond vs Restraining Order
Although peace bonds are criminal law orders that may apply to anybody you fear, restraining orders need a family connection.
Do restraining orders expire in Canada?
Specific civil orders of protection do not end their validity period after a specific period unless they specifically say so. Orders without expiry dates are in practice until modified or terminated by a court order, even if the parties settle their dispute.
Conclusion
In conclusion, restraining orders extensively protect individuals from different types of threats, harassment, and violence. If you live in fear of your ex-spouse, a restraining order can put you in a safe shelter.
If you have any questions regarding a restraining order in Canada, please fill out a consultation form at https://zukermanlaw.ca/.
FAQs
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1- What evidence do you need for a restraining order in Canada?
Pictures of injuries or damaged property, police reports, recorded conversations, and witness testimony are the documents that you need to present. Be sure to have this evidence ready to strengthen your case for the restraining order in Canada.
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2- Is a restraining order the same as a peace bond in Canada?
No. A restraining order can only be requested against someone you have lived with or had children with. However, a peace bond in Canada can be requested against anyone who puts limitations on their behavior.
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3- Does a restraining order go on your record in Canada?
Whether a restraining order will go on your record in Canada will be determined by the conditions of your case and your background. However, the general rule of thumb is that civil restraining orders don’t go on criminal records since they are not considered criminal offenses.
