I am thinking about leaveing my boyfriend but I think he will freak out and follow me and make my life a living hell, so I want to get a restraing orde, but do I have to wait untill he does something or harrasses me to get one? or can I get one first? and where do I go to get one? do I go to the police station? I live in Ontario, canada
2007-06-22 12:43:09 · 7 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
I am not sure about Ontario, but in New York State, you have to give a local or family court judge a very good reason to be issued a restraining order, you have to prove that you are being threaghtened or harrassed before the courts will issue the order. I am sorry, but you cannot get an order based on what you think (and are probably correctly thinking), this person will do. Please be careful and pay attention, at the absolute first sign of trouble of any kind, call the police and usually they are very good at helping in these situations.
2007-06-22 12:49:41 · answer #1 · answered by Anonymous · 0⤊ 0⤋
A restraining order is an order made by a court that prevents a person from communicating with you and possibly (if you have any) your children. An order like this is a very serious one; courts will only grant such an order if it is clear that the person is “molesting, annoying or harassing” you. This is the language used in section 46 of the Family Law Act, which is the section dealing with restraining orders.
This part of the Act refers to the applicant’s (the person making the request) spouse, same-sex partner or former spouse or same-sex partner. Therefore, this section of the act can only be used with reference to a couple. A restraining order cannot be granted under the Family Law Act to shield the applicant’s parents, siblings, friends or neighbours; a different law must be used in order to make this request.
The words “molesting”, “annoying”, “harassing” and “communicating” that are used in the legislation. The courts will define what these words mean on a case-by-case basis, which means that they look at the individual facts of the case in order to make a decision as to whether to grant the request for a restraining order or not.
If a person violates the restraining order, there are a variety of consequences that the court can impose, such as fines. If the violation of the restraining order is serious, jail time can be ordered, but on a day-to-day basis this is very rare.
If a court has imposed a restraining order against you, be very careful not to breach it. Speak to your lawyer about having it lifted, if you feel it is unfair, but you absolutely must not ignore it and contact the person whom you are not supposed to contact. If you got a restraining order against your spouse/partner who was bothering you, you must not communicate with that person at all. It may affect the court’s willingness to enforce the order later, if you have violated the protection order before.
Should safety be a concern and you need to go to a shelter, please contact the Assaulted Women’s Hotline:
* Greater Toronto Area: 416-863-0511 416-863-7868 TTY
* Toll free in Ontario: 1-866-863-0511 1-866-863-7868 TTY
* #SAFE ( #7233) on your Bell Mobility phone
* or visit Shelternet.ca to find a women's shelter
Please visit our Restraining Orders Frequently Asked Questions section for further information or contact us.
2007-06-22 12:46:23 · answer #2 · answered by bkgrl718 3 · 0⤊ 0⤋
well i am not all that familiar with canadian law but if they werk the same as here in the United States you should do the following. 1. document all the events that occur that makes your life a living hell... be very detailed..2. file a police report. 3. file a petition with your local court house for a restraining order citing the events and the police report...
2007-06-22 13:22:18 · answer #3 · answered by gamafoo 4 · 0⤊ 0⤋
It may be a little different in Canada, but here in the States, your boyfriend would have to do something overt in order for you to get one. Here we have an emergency RO, which is used for a problem happening over a weekend, and a regular RO, which you apply for in a court. ROs are good as long as the person named abides by them, but are only good for toilet paper, if they don't.
2007-06-22 12:54:22 · answer #4 · answered by Beau R 7 · 0⤊ 0⤋
First step is to go to your local police department and find out your rights.
2007-06-22 12:46:17 · answer #5 · answered by Frank Rizzo 2 · 0⤊ 0⤋
I think you have to have some kind of police report against him first, but that's in the US.
2007-06-22 12:46:13 · answer #6 · answered by Anonymous · 0⤊ 0⤋
in the US u go to the court house and pay 50 dollars.
2007-06-22 12:46:03 · answer #7 · answered by Audee 3 · 0⤊ 0⤋