Restraining Order

How to Get Restraining Order in Oshawa, Ontario – The Beginners’ Guide

If you are looking for help with Restraining Orders in Oshawa, Ontario, this is the post for you. Restraining orders can be a powerful tool in your legal arsenal. Restraining Orders are court orders that protect victims of abuse from their abusers. They come in many forms and serve different purposes. To make sure you know exactly what to do when it comes time to file for an order, we have put together some quick tips below:

1) Understand Restraint Order Types

2) Procedure of filing Restraining Orders?

3) Know Your Legal Rights as a Victim of Abuse

Types of Restraining Orders

Restraining orders are a way to keep people who pose an immediate threat from coming into contact with others. These orders are generally categorized into three types.

  1. Emergency Protective Orders
  2. Temporary Restraining Order
  3. Restraining Order after Hearing

How to file Restraining Order?

You can file for a restraining order by filling out an affidavit and mailing it in. If you are served, the other person will not be able to come near your residence or workplaces until the hearing date has passed. But, it is highly recommended to seek legal counsel before filing any type of complaint, as it may compromise your case.

Where to Go in Oshawa If You Need a Restraining Order?

A restraining order in Oshawa can be applied for by filing certain documents at the family court. You must go to either:

The family court house located near the place where you or another person lives, if this is where your children reside; OR -A family court close enough so it doesn’t take up too much time/effort on their behalf (e.g., simply going into adjoining municipalities). The Ministry of the Attorney General’s website is a great resource for finding information about family law and its services.

The procedure of Getting A Restraining Order in Oshawa, Ontario

In Ontario, you cannot file a restraining order against an individual that has never lived with you. Here is a simple guide to filing such orders in the province of Canada and what it entails for both parties involved!

  1. Consultation with Lawyer:

Before you go ahead talk to your lawyer first! They will help determine what type of protection is right for you.

  1. Fill out the Forms:

Visit your nearest divorce law court; the clerk will give you some forms to fill out. Make sure that all information needed for this process is provided.

  1. Initial Hearing Process

If the judge considers your petition, a temporary order may be issued immediately. Most temporary orders protect you up until the date of hearing and at this stage will set an upcoming full trial where one party’s testimony is required from them as well.

  1. Court Notice:

In most cities of Canada, the court will get the law enforcers to serve the defendant with the Court notice.

5. Assemble Evidence and Attend Final Hearings

At this stage, you’ll present your case before the judge. If your partner is present at the hearing and they have given their testimony then all proceedings are live-streamed so that there can be no retrospection or coverup of what took place in court

Breaching Restraining Order in Ontario

In Ontario, if you are found to have breached a restraining order then the law enforcers will arrest and charge criminal offenses. Restraining orders can be permanent or effective for specific periods according to their terms – so it’s important not only read them but also to take action as soon as possible!

Contact Borden Family Law in Oshawa If You Need a Restraining Order

If you believe you or your children are in danger or if you are fearful of a spouse, partner, or former spouse or partner, you can take legal steps to protect yourself. Once you have taken the necessary steps to ensure your immediate safety, you can then think about other important matters to ensure long-term safety for yourself, including custody and access. To learn how we can help, call us at 905-576-6090 or contact us online. If you are in an emergency or need immediate assistance contact the police or call 911.

At Borden Family Law, our focused area of practice means our clients benefit from our in-depth knowledge. 

To see how we can help you resolve your issue, call us at 905-576-6090 or contact us online.