Fleetwood Family Law Surrey, BC | The Five Types of Restraining Orders You Didn’t Know You Needed
Let’s face it; we’ve all been there. You mind your business, going about your day-to-day when suddenly, you find yourself on the receiving end of some restraining order request. It can be a shock to the system. But don’t worry, we’re here to help. Because at Fleetwood Family Law, we know that not all restraining orders are created equal. Did you know that there are five different types of restraining orders? That’s right, five! And we’re going to tell you all about them.
1) The Standard Restraining Order:
This is the most common type of restraining order and is typically used in situations with a history of domestic violence or abuse. It is important to note that this restraining order does not require the victim to prove any violence or abuse, only that they had a reasonable fear of it. This restraining order can last up to five years but can be renewed if necessary.
A protective order is a court order designed to protect a victim of domestic violence or abuse from further harm. This restraining order can include provisions such as no contact with the victim, stay-away orders, and other conditions to keep the victim safe. A protective order can last up to two years but can be renewed if necessary.
A restraining order is a legal order issued by a court that requires one person to stop harming or contacting another person. Restraining orders, also known as protective orders, can be issued for various reasons, including domestic violence, stalking, harassment, and sexual assault. There are three main types of restraining orders: domestic violence restraining orders, civil restraining orders, and criminal restraining orders.
2) The Emergency Restraining Order:
This restraining order is typically used in situations with an immediate threat of harm. The order can last up to six months and can be renewed.
If you are the victim of domestic violence, you can file for a restraining order, also known as a domestic violence injunction, against the abuser. In Surrey, BC, the process for filing a restraining order is as follows:
1. Fill out the necessary paperwork. You will need to fill out an application for a restraining order, which you can get from the court registry or a family law lawyer.
2. File the paperwork with the court registry.
3. Serve the abuser with the paperwork. The court will give you a hearing date, at which you and the abuser will have an opportunity to present your side of the story.
If the judge grants the restraining order, it will last up to six months. It can be renewed if necessary.
3) The No Contact Restraining Order:
This restraining order prevents the respondent from contacting the petitioner directly or indirectly. It also generally requires the respondent to stay a certain distance from the petitioner, home, place of work, school, and car. An order of protection requires the respondent to turn over any firearms they own or possess to law enforcement.
The purpose of an order of protection is to keep the respondent away from the petitioner so that they may live safely without fear of harassment, intimidation, violence, or abuse. An order of protection is a civil order, not a criminal one. This means that violation of the order is not a crime, but it can result in civil penalties.
If you are served with an order of protection, you must take it seriously and comply with its terms. Violating an order of protection can result in severe consequences, including arrest, fines, and jail time. If you have been served with an order of protection, you should immediately contact an experienced attorney to help you understand your rights and options.
4) The Financial Abuse Restraining Order:
This type of restraining order is used to protect victims of financial abuse from further harm. Financial abuse can include things like:
– Withholding money or access to money
– Making all financial decisions without input from the victim
– Controlling how money is spent
– Refusing to give the victim access to their bank account
– Running up debts in the victim’s name
– Forcing the victim to sign financial documents
If you are a victim of financial abuse, a restraining order can help protect you by:
– Forbidding the abuser from accessing your bank accounts, credit cards, or other financial resources
– Ordering the abuser to transfer ownership of assets (such as a house or car) to you
– Preventing the abuser from incurring new debts in your name
– Requiring the abuser to pay back any debts they have incurred in your name
– Giving you temporary control of shared assets (such as a joint bank account
5) The Peace and Good Behaviour Order:
This type of restraining order prevents the respondent from engaging in behaviour that could unreasonably interfere with the peace and good conduct of the community. This can include protection from being harassed, stalked, threatened, or assaulted by the respondent.
The order may also require the respondent to stay a certain distance from the petitioner and their home, place of work, or school. A peace bond is a criminal order that requires the person to keep the peace and be of good behaviour for a set period. If the person does not obey the order, they can be charged with a criminal offence and fined or imprisoned.
A peace bond is often used when there is not enough evidence to lay a criminal charge, but there are still grounds to believe that the person may commit a crime. The court will consider the following factors when deciding whether or not to grant a peace bond:
-The age, character, and past conduct of the respondent
-The nature of the fear and how reasonable it is
-The likelihood that the respondent will commit a crime
-Whether or not there are other ways to protect the petitioner from the respondent
-The impact the peace bond will have on the respondent’s life
A peace bond can be issued for up to 12 months. The peace bond conditions must be reasonable and necessary to protect the petitioner from the respondent. The court may also order the respondent to pay for the cost of the bond.
Conclusion:
As you can see, various restraining orders are available to protect you from all sorts of harm. So if you find yourself on the receiving end of one of these requests, don’t hesitate to give us a call at Fleetwood Family Law. We’re here to help you through this challenging time and ensure you are protected to the fullest extent under the law.
If you’re facing a divorce, child custody battle, or any other family law issue, we urge you to seek out experienced legal counsel. Our Surrey-based lawyers have years of experience handling family law matters at Fleetwood Family Law. We’re here to help you protect your rights and interests, and we’ll fight tirelessly on your behalf. Contact us today to schedule a consultation.