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Restraining Order

This order prohibits your abuser from certain actions against you, and an enforcement paragraph within it gives the police the power to arrest your partner for breaking it. Breaching the order is not a criminal offence, but it may be in civil contempt of court.


Applying for an order doesn't involve the police, so there's no need for an investigation or police file. It also doesn't require a court filing fee. However, you are required to prepare all the necessary paperwork yourself and the process of getting a restraining order can be quite technical, so we recommend talking to a lawyer. A lawyer would also be useful for the rest of the application process, which involves:

  • Applying in the courtroom before a Justice of the Court of Queen's Bench during (or at the beginning of) a court action;
  •  Serving the Order and Declaration/Affidavit to your partner, the "respondent." The Order must be received to take effect; and
  • Registering the Affidavit (proving that your partner received the Order) and Order at your local police station.


In emergencies, an Order may be obtained in a day or two. Once granted, the Order is usually reviewed in 2 to 3 weeks, and once reviewed is good for about 3 months or until the action's concluded.

 
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