Restraining Orders

It is not uncommon for a spouse to seek a restraining order against the other upon the breakdown of their marriage. The Children’s Law Reform Act and the Family Law Act have been amended so as to accommodate those fearing for their children’s safety and even their own.

Subsection 35(1) of the Children’s Law Reform Act states:

5. (1) On application, the court may make an interim or final restraining order against any person if the applicant has reasonable grounds to fear for his or her own safety or for the safety of any child in his or her lawful custody. 2009, c. 11, s. 15.

Provisions of Order

(2) A restraining order made under subsection (1) shall be in the form prescribed by the rules of court and may contain one or more of the following provisions, as the court considers appropriate:

1. Restraining the respondent, in whole or in part, from directly or indirectly contacting or communicating with the applicant or any child in the applicant’s lawful custody.
2. Restraining the respondent from coming within a specified distance of one or more locations.
3. Specifying one or more exceptions to the provisions described in paragraphs 1 and 2.
4. Any other provision that the court considers appropriate. 2009, c. 11, s. 15.

Transition

(3) This section, as it read on October 14, 2009, continues to apply to,

• Any prosecution or other proceeding begun under this section before October 15, 2009; and,
• Any order made under this section that was in force on October 14, 2009. 2009, c. 11, s. 15; 2014, c. 7, Sched. 4, s. 1.

Subsection 46(1) of the Family Law Act states as follows:

6. (1) On application, the court may make an interim or final restraining order against a person described in subsection (2) if the applicant has reasonable grounds to fear for his or her own safety or for the safety of any child in his or her lawful custody. 2009, c. 11, s. 35.

Same

(2) A restraining order under subsection (1) may be made against,

• A spouse or former spouse of the applicant; or
• A person other than a spouse or former spouse of the applicant, if the person is cohabiting with the applicant or has cohabited with the applicant for any period of time. 2009, c. 11, s. 35.

Provisions of Order

(3) A restraining order made under subsection (1) shall be in the form prescribed by the rules of court and may contain one or more of the following provisions, as the court considers appropriate:

1. Restraining the respondent, in whole or in part, from directly or indirectly contacting or communicating with the applicant or any child in the applicant’s lawful custody.
2. Restraining the respondent from coming within a specified distance of one or more locations.
3. Specifying one or more exceptions to the provisions described in paragraphs 1 and 2.
4. Any other provision that the court considers appropriate. 2009, c. 11, s. 35.

Transition

(4) This section, as it read on October 14, 2009, continues to apply to,

• Any prosecution or other proceeding begun under this section before October 15, 2009; and,
• Any order made under this section that was in force on October 14, 2009. 2009, c. 11, s. 35; 2014, c. 7, Sched. 9, s. 8.

To learn more about restraining orders as well as the services provided by Krol & Krol, call 905.707.3370 today.