RESTRAINING ORDER THE BEACHES
If you are fearful that your spouse or partner or your former spouse or partner will hurt you or your children, you can ask our experienced family law lawyers to seek a restraining order near The Beaches. A restraining order is made by a judge at the family court to help protect you and your child(ren) or the child(ren) in your custody. Often, these requests are done on an urgent basis. Our family law lawyers are well positioned to work with you on an emergency basis to get you this protective restraining order near The Beaches expeditiously.
Under Section 46 of the Family Law Act and Section 35 of the Children’s Law Reform Act, 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.
A restraining order will list conditions that the person you are afraid of must obey. The restraining order can be general or specific and can include many different types of conditions, such as:
Forbidding the spouse from being in contact with the applicant spouse and/or the children (except as permitted under a Court order);
Forbidding the spouse from attending at the applicant spouse’s place of work, place of worship, the family home and the children’s school;
Requiring the spouse to surrender any weapons, and;
Forbidding the spouse from possessing certain property.
The person restrained must obey the terms of the order, as soon as it comes to their attention. Breaching/disobeying a restraining order is a criminal offence and, if the person restrained is found guilty, s/he could go to jail.
If your restraining order is a temporary order, it will end on the date set by the judge in the order or it may end when you and the other person return to court. When you return to court, the judge may continue the temporary order, make the order final, or end the restraining order. Once a restraining order ends, its terms will not apply to your or the other person and it can no longer be enforced by police. Our family law lawyers will do what is required to keep that restraining order in place for as long as possible.