How to File for a Restraining Order? - Zukerman Law

How to File for a Restraining Order?

Obtaining a restraining order can be a crucial step in protecting yourself from threats, harassment, or abuse. Whether you’re dealing with domestic violence, persistent harassment, or other forms of intimidation, a restraining order provides legal protection and peace of mind. However, the process of filing for a restraining order can be daunting and complex, especially when you’re already dealing with stressful and potentially dangerous situations.
This is where having the proper legal support becomes essential. At Zukerman Law Group, we understand the urgency and sensitivity of these matters. Our experienced legal team is dedicated to guiding you through each step of the process, ensuring that your application is thorough and timely. With our expertise, you can navigate the legal system with confidence and secure the protection you need.
In this blog post, we’ll walk you through the essential steps of filing for a restraining order, providing you with a clear and comprehensive guide.

Who Can Get a Restraining Order?

Who Can Get a Restraining Order?

A restraining order is a legal order issued by a court to protect a person from harassment, abuse, stalking, or threats from another individual. The specific criteria for obtaining a restraining order can vary by jurisdiction, but generally, the following individuals are eligible to seek a restraining order:

Victims of Domestic Violence

Current or Former Spouses: Individuals who are currently married or were previously married to the person they are seeking protection from.
Co-Parents: Individuals who share a child with the person they are seeking protection from.
Dating Partners: Individuals who are currently or were previously in a romantic or dating relationship with the person they are seeking protection from.
Household Members: Individuals who currently live or previously lived with the person they are seeking protection from.

Victims of Stalking

Individuals who have been subjected to repeated and unwanted attention, harassment, or behavior that causes them to fear for their safety.

Victims of Sexual Assault

Individuals who have been sexually assaulted and seek protection from their assailant.

Victims of Harassment

Individuals who are being harassed or threatened, causing them to fear for their safety.

Elder or Dependent Adult Abuse

Elderly individuals or dependent adults who are being abused, neglected, or exploited can seek restraining orders against their abusers.

Workplace Violence

Employees who have been threatened or harmed by someone at their workplace may seek a workplace violence restraining order.

Family Members

In some jurisdictions, family members who are not necessarily cohabitants or in a romantic relationship with the abuser can seek restraining orders. This can include parents, children, siblings, and other relatives.

Preparing to File for a Restraining Order

Preparing to File for a Restraining Order

To file for a restraining order, it is essential to gather comprehensive evidence, such as threatening texts, emails, photos, witness statements, police reports, and medical records. These documents can substantiate claims and strengthen the case. Screenshots of threatening messages, photos of physical signs of abuse, witness statements, police reports, and medical records can be helpful.
Maintaining a detailed record of incidents is also crucial. This log should include dates and times, descriptions of what happened, locations, and witnesses. A well-documented history can provide the court with a clear picture of the ongoing situation to demonstrate the pattern and severity of the harassment or abuse. This helps to strengthen the case and provide a clear picture of the ongoing situation.
Tip: Filing for a restraining order can be a complex legal process. Consulting with one of the legal professionals at Zukerman Law Group can provide you with:
Clarity on Legal Requirements: Understanding the specific legal criteria and procedures for obtaining a restraining order in your jurisdiction.
Form Completion: Assistance with accurately completing the necessary forms to avoid any delays or issues.
Legal Strategy: Developing a strong legal strategy based on your specific circumstances and evidence.
Contact Zukerman Law Group today for a confidential consultation. Our dedicated legal team will provide you with professional advice, guide you through the necessary steps, and advocate fiercely on your behalf in court. Let us help you secure the protection you need and deserve.
Call us now at 604-575-5464 or visit our website to schedule your consultation.

How to Apply for a Restraining Order?

How to Apply for a Restraining Order?

Find a Family Courthouse

Find a courthouse to file your application. The court in the municipality where you or the other party reside should be your choice. The municipality where your children reside is where you can begin your case if it involves parenting arrangements.

Decide If You Need to Apply for Anything Else

Decide if you need to apply for anything else (e.g., child custody or child support). Decide if this is an urgent request. For example, are you worried that either you or your children might get hurt or your children might get taken by your partner or ex?
If this applies to you, you can file either an urgent motion without notice (your partner or ex won’t know you have filed this until they get a copy) or an urgent motion with notice (which means you want the restraining order first before you start a family court case for something like child custody).

Complete the Forms

To initiate a case, complete relevant forms such as Form 8 (General Application), Form 35 (Affidavit in Support of Claim for Custody or Access), and the Canadian Police Information Centre (CPIC) Restraining Order Information Form.
These forms can be found at the family courthouse or online. If you need your restraining order as soon as possible, complete Form 14: Notice of Motion, Form 14A (Affidavit (General)), and Form 14C (Confirmation).
Both parties involved in a matter must file Form 14C, but restraining orders can be requested by a motion without notice, allowing the other person to not be present in court to present their side of the story.
If you are worried about your partner or ex’s presence, remember that they must receive a copy of these documents, including an address. Another address can be used as long as it can receive mail, but a post office box is not allowed as it needs to be served with court documents.
In summary, completing relevant forms is crucial for initiating a case and ensuring the safety of both parties involved.

Make a Copy of All the Completed Forms

Make a copy of all the completed forms, including a blank Form 10: Answer, 35.1 Affidavit (if custody and access are involved), and 14A Affidavit (why you’re asking for court orders). Keep a copy of these forms for yourself.
To serve the other party, you must provide serving documents, which can be given by someone over 18 or a professional process server. Proof of receipt must be obtained and filed at the court counter. In emergencies, serving documents may not be required until after a court order is made.

Go to Court to Explain Your Case

Attending court on the day of your hearing is crucial. The judge will take into account both what you and the other party have written in your court documents and what you personally tell the court when your application or motion is heard. The judge’s decision may be made after multiple hearings, depending on the specifics of your case.
If your motion was made without notice, the judge will decide whether to grant a temporary restraining order without hearing or receiving documents from the other person.

Conclusion

Regaining a sense of safety and security is paramount. If you feel a restraining order is necessary to protect yourself or your loved ones, don’t hesitate to take action. Remember, you are not alone. Zukerman Law Group has extensive experience in handling restraining order cases and can provide the legal guidance and support you need throughout the process.

FAQs

  • 1- Does a restraining order go on your record in Canada?1

    In Canada, restraining orders typically won’t go on your criminal record, but there will be a record kept by the courts and police.

  • 2- Does it cost money to get a restraining order in Canada?1

    While there are no upfront fees to file for a restraining order in Canada, legal help, serving the respondent and evidence gathering may include costs.

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author

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.