How to Obtain a Restraining Order in Ontario
In the province of Ontario, Canada, there is family law in place to ensure your safety from domestic violence. If you or your former partner were married or lived together for any amount of time or if you feel that your life or the lives of your children are in danger, you can obtain a restraining order. The restraining order sets legal boundaries that prevent your partner from making contact with you. If your partner violates the restraining order, he can face possible jail time.
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Instructions
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Make a visit to your local family courthouse. Advise the court clerk that you would like to initiate a restraining order.
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Complete the “Form 25F Restraining Order” form. You will have to provide your name, the name of the person you are seeking a restraining order against and a detailed description of the reason you are seeking the restraining order. In the description, you can outline the other party's abusive behavior towards you.
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Give the form back to the court clerk. She will then take the restraining order form before the judge to see if he grants an emergency restraining order. An emergency restraining order is a temporary restraining order that will remain active until your scheduled court hearing for a permanent restraining order. If no emergency restraining order is granted, you will have to wait until your court hearing.
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Serve your former partner with the restraining order and court summons. You do not have to do this yourself. As a matter of fact, it is recommended that you allow a lawyer or the court staff handle this for you.
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Attend your court hearing on the date assigned to you by the court clerk. During the hearing, the judge will hear your side of the story and your partner's side to determine whether or not a permanent restraining order is warranted.
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- Photo Credit violence image by sasha from Fotolia.com
