Contents
- Step 1: Find a family courthouse near you. Find a courthouse to file your application.
- Step 2: Fill out an application.
- Step 3: Serve the documents.
- Step 4: Confirm you will be in court on the date of the hearing.
- Step 5: Go to court to explain your case.
- Step 6: When a restraining order is made.
Frequent question, what do you need for a restraining order in Canada? To get a restraining order, you must prove that you have reasonable grounds to fear for your safety or the safety of any child in your custody . You must show why you are afraid for yourself or any child. A restraining order can be temporary or permanent. Most restraining orders are temporary.
Likewise, how can I get a restraining order? Therefore, to obtain one, you will need to report the individual to the police and take them to court for their crimes. It will only be when the judge believes there is a reasonable chance that the victim of the crime will continue to be harassed by the perpetrator that a restraining order will be granted.
Also, can you get a restraining order against anyone in Canada? A peace bond (legally referred to as an “810 recognizance”) is a protection order made under the Criminal Code of Canada and can protect you from anyone, including someone you have only dated. You call the police to ask for one. You do not need a lawyer to request a peace bond, and there is no fee involved.
Furthermore, can I get a restraining order on my ex? Who is eligible to apply for an injunction? In order for you to apply for one of these orders you must be an “associated person”. This means you and your partner or ex-partner must be related or associated with each other in one of the following ways: are or were ever married or engaged to be married.
How long does a no contact order last in Ontario?
If there’s no end date on the order, it will last for one year. If you breach (disobey) the conditions of any no contact order, you could be charged with a criminal offence and could go to jail. A no contact order is in place.
What to do when someone is harassing you?
Call the police immediately if you feel threatened with imminent harm. If you are uncertain, call the police. If you have a restraining order, call the police and have them enforce it. Your harasser may break other laws and police can arrest them for those or the harassment.
What constitutes harassment in Ontario?
Harassment is defined in subsection 10(1) of the Code as “engaging in a course of vexatious comment or conduct that is known or ought reasonably to be known to be unwelcome.”
How do I file harassment charges in Ontario?
In order to charge a person with criminal harassment, the police must have information or witness statements that indicate the alleged victim reasonably feared for their safety because of the prohibited conduct. The standard to charge someone is very low; the officer must only possess reasonable grounds.
How can you prove harassment?
- the defendant has pursued a course of conduct.
- the course of conduct amounted to harassment of another person.
- the defendant knew or ought to have known that the course of conduct amounted to harassment.
What’s the longest restraining order?
After having a court hearing, a judge can grant you a “restraining order after hearing” that can last up to five years. However, if there is no termination date on the order, the order will last three years from the date it was issued.
Can you get a restraining order for harassment?
The court can make an order or injunction that the person harassing you must stop their behaviour. If they don’t stop harassing you after the court has made an injunction against them, it’s a criminal offence and they can be prosecuted in the criminal courts.
How are no contact orders monitored?
After a no-contact order is issued, it is entered into the law enforcement computer-based criminal intelligence information system. … Even if you are not driving and the officer looks up the alleged victim’s license information, the officer will see that a no-contact order is protecting an alleged victim.
How does a restraining order work?
A restraining order is a type of court order, released by a judge, to stop someone inflicting harm on another person. These are generally issued at the end of a criminal hearing and often follow cases involving domestic violence, domestic abuse, harassment, stalking or sexual assault.
What is a peace bond in Ontario?
A peace bond is a court order that requires another person to “keep the peace and be of good behaviour” and obey conditions such as not to contact you or your children or to come near your property. The peace bond can be in place for up to one year.
What constitutes harassment from an ex spouse?
Harassment is when an abuser intentionally causes emotional harm to a victim on a regular basis. … Any consistent abusive behaviors during a divorce may be harassment. During a divorce, your spouse may behave inappropriately toward you and your children. Your spouse may threaten, stalk, or even assault you.
What evidence do you need for a non-molestation order?
We would recommend that the statement should exhibit, where available: Clear, colour photos of any injuries caused, or damage to property/belongings. Text message/social media evidence where relevant, such as messages containing threats of violence or control.
How much does a restraining order cost in CA?
Generally, you must pay a $395.00 fee to file the Request. If the harassment has included violence or threats of violence, however, there is no filing fee pursuant to California Code of Civil Procedure section 527.6(p).
Is a no contact order serious?
No Contact Order Violation A violation of a no-contact order is serious and against the law. A no contact order violation happens any time the defendant comes in contact, directly or indirectly, with the protected person. … Defendants are often fined for their violation.
Are no contact orders legal?
This is a criminal order that is put in place when a criminal case is pending, and will often be issued again at sentencing. No relationship between the parties is necessary. Prohibit contact of any kind while a case is pending, and also prohibit contact of any kind after sentencing. …
