I have a 1 yr. protection order on me. I faced criminal charges and was found not guilty. She makes up allegations about me which everyone seems to believe.
2007-03-08 12:09:52 · 5 answers · asked by ? 3 in Politics & Government ➔ Law & Ethics
SHe has to talk to the judge again, but since you have documentation that you are not guilty her chances are pretty slim.
2007-03-08 12:16:32 · answer #1 · answered by Anonymous · 1⤊ 0⤋
In Canada, there can be an order issued by the criminal court as part of criminal proceedings or the order can be issued by the civil court under the applicable family law legislation.
I am not a criminal lawyer and cannot advise as to what happens in the criminal process if you are found not guilty, though I assume that the court order will continue to exist until set aside. You may want to apply to set it aside, citing the finding of not guilty.
In the civil process, as long as the court believes you constitute a potential danger to your wife, restraining orders will be in place. To get such an order removed, you have to present evidence, accepted by the court, that you do not present a danger.
I assume you and your wife are separated and not getting along. I assume that when you are together, things do not go well. If the order does nothing more than keep you and your wife apart and you do not have any realistic chance of getting together again (at least in the short term), then it may be best to obey the order for a year and oppose any efforts to renew it. If she tries to renew it, you know your relationship won't be repaired any time soon. If she does not try to renew it, you may want to give it another go as long as you are sure you won't just replay old problems.
Good luck.
2007-03-09 03:05:55 · answer #2 · answered by Eric W 3 · 1⤊ 0⤋
Ahh, the chances of the OOP being extended is quite good. The burden of proof in a criminal case is beyond a reasonable doubt. The burden of proof for an OOP is simply that it is more believable than not that you commited the act.
Most judges figure that, if someone does not want you around, there is no down-side to an Order of Protection.
So the fact that you were acquitted in a criminal case is probably not even admissible in the OOP case, and certainly will not be heavily considered.
2007-03-08 12:21:32 · answer #3 · answered by robert_dod 6 · 0⤊ 1⤋
That really depends on the judge and circumstances. I recommend obtaining character references from your friends and family. Also, bring a copy of your "not guilty" verdict to court with you should you be called into court when she goes in to renew her protection order. I wish you the best of luck!
2007-03-08 13:06:08 · answer #4 · answered by Khael 4 · 0⤊ 0⤋
Why does it even bother you if it is renewed? I presume you obeyed the original order and stayed away from her for the year, correct?
Just stay away from her for good, move on with your own life and forget she exists. You'll both be better off.
2007-03-08 12:30:05 · answer #5 · answered by John B 2 · 0⤊ 1⤋