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.
- Emergency Protective Orders
- Temporary Restraining Order
- 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!
- Consultation with Lawyer:
Before you go ahead talk to your lawyer first! They will help determine what type of protection is right for you.
- 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.
- 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.
- 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