Getting Restraining Order Against Husband - Zukerman Law

Getting a Restraining Order from Your Spouse

In times of distress and vulnerability within a marriage or relationship, the need to protect oneself becomes paramount. If you find yourself in a situation where you fear for your safety due to the actions or behaviors of your spouse, seeking a restraining order can be a crucial step towards ensuring your well-being.
A restraining order, also known as a protective order, is a legal document issued by a court that prohibits an individual from contacting or approaching another person. It serves as a powerful tool to create a safe distance and prevent further harm or harassment.
We will explore the process of obtaining a restraining order against your spouse, offering guidance on the necessary steps and the importance of seeking professional legal assistance.

Domestic Violence and Marriage

Domestic Violence and Marriage

Domestic violence within a marriage is a grave issue and is not limited to physical abuse. This serious problem encompasses emotional, psychological, financial, and sexual abuse.
It is a pattern of coercive actions used by one person to obtain dominance and control. Anybody can experience it, regardless of their age, color, gender, sexual preference, religion, or level of social standing. It’s critical to spot these misuse indicators and take appropriate steps to keep oneself safe.
It’s cruciall to realize that you have the right to self-defense if you’ve been the victim of spousal abuse. An order of protection against your husband is one of these strategies for protection. By prohibiting your abusive spouse from getting in touch with you or approaching you, this court order provides protection and comfort.
Before applying for a restraining order, consult a legal professional who can guide you through the process and help you understand your rights and options.
At Zukerman Law Group, we understand the complexities of family law and are committed to providing compassionate support and Professional guidance to individuals seeking protection in challenging circumstances. Contact our professional lawyers immediately to learn how they can help protect your rights.

What Factors Will Be Considered?

What Factors Will Be Considered?

In order to get a restraining order, you need to convince the court that you have a good reason to be afraid for yourself or your children’s physical or psychological safety.
The judge will take into account the following factors:

  • Evidence of previous violent incidents
  • Violence or threats towards the children
  • Recent and past threats made by the partner
  • Stalking behavior

Evidence that shows the need for a restraining order can include:

  • Your personal story in detail
  • Information on criminal charges brought against your spouse
  • Medical or hospital records showing violence or injuries
  • Any threatening or harassing texts
  • Testimony from witnesses who have witnessed the abuse

More details will make your application stronger. Include everything that can support
what you are saying.

How to Obtain a Restraining Order Against Your Spouse?

How to Obtain a Restraining Order Against Your Spouse?

To obtain a restraining order against your spouse, gather evidence of abuse, including photographs, threatening emails, medical records, or witness statements. Document each incident with detail, including the date, time, location, and what occurred, as this will be crucial in proving your case in court.
To request a restraining order, visit your local courthouse and fill out paperwork detailing the reasons for the order. Documented evidence will be helpful, and you may need to appear before a judge, especially if the order is urgent.
The steps to file a restraining order include:

  1. Documenting all incidents of abuse
  2. Gathering evidence (photos, texts, emails, medical records)
  3. Visiting your local courthouse
  4. Completing the necessary paperwork
  5. Possibly appearing before a judge

A restraining order is a crucial tool for protection, but it’s not a guarantee of safety. It’s essential to keep a copy with you and share it with relevant parties. Continue to take safety measures and collaborate with local domestic violence organizations for the necessary support and protection.

Types of Restraining Orders

Types of Restraining Orders

To protect yourself from abuse, it’s crucial to determine the appropriate restraining order type and work with a legal professional. Seeking support from family, friends, and domestic violence organizations is also essential for your safety and well-being.

Emergency Protective Order (EPO)

An Emergency Protection Order is granted by the court and enforced by the police in emergency situations where there is an immediate threat of abuse.

Civil Harassment Restraining Order

This type of order is obtained when the abuser is not a spouse or domestic partner but has continually harassed or abused someone.

Domestic Violence Restraining Order (DVRO)

A DVRO is issued by the court and is good for a maximum of five years. It may involve orders for your violent partner to leave a shared residence, stop all communication, and stay away from you.

Workplace Violence Restraining Order

This order is obtained when an abuser has exhibited violent behavior or made threats in the workplace.

Violating a Restraining Order

Violating a Restraining Order

A restraining order is a legal deterrent against abusive behavior and can result in severe legal consequences if violated. The severity depends on the jurisdiction and the nature of the violation, which can include fines, mandatory counseling, probation, or jail time.It’s essential to report any violation to the police immediately, providing as much detailed information and evidence as possible.

A restraining order violation may have the following legal consequences:

  • Fines: The extent of the penalty is determined by the jurisdiction and the severity of the violation.
  • Mandatory counseling: The court may order the violator to attend anger management or other counseling programs.
  • Probation: The violator may be placed under supervised probation, requiring regular check-ins with a probation officer.
  • Jail time: The violator may receive a jail sentence in extreme circumstances or for repeated offenses.

Conclusion

Remember, you are not alone. Going through a difficult situation with your spouse and needing a restraining order is a serious matter. Your safety and well-being are paramount.
Zukerman Law Group understands the complexities of these cases and is here to help. Our experienced attorneys will guide you through the legal process, ensuring your rights are protected and your safety remains a priority.
If you are considering obtaining a restraining order from your spouse, don’t hesitate to contact Zukerman Law Group or call us today at 604-575-5464 for a consultation. We offer a safe and supportive environment where you can discuss your situation and explore your options.

FAQs

How long does a restraining order last in Canada?

The length of a restraining order varies between the provinces and can range from as short as 90 days to three years.

What is the difference between a protection order and a peace bond?

You can obtain a peace bond against anyone, even someone you’ve only briefly dated or don’t know well, such as a coworker or a neighbor, in contrast to a family law protection order, which is restricted to protecting you from an abusive family member.

What proof do you need for a restraining order in Canada?

While the specific requirements may vary by province, to get a restraining order in Canada, you’ll generally need evidence that you have a reasonable fear for your safety due to threats, violence, harassment, or other abusive behavior by your spouse or partner. This evidence could include police reports, medical records, photos of injuries or property damage, witness statements, or recorded conversations.

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.