To attain a Protection Order, under the Domestic Stalking and Violence Act, an applicant needs to convince a magistrate by demonstrating that the respondent is stalking them (and will continue to stalk them),or that the respondent will likely continue domestic violence against them, unless they can get a restraining order. A lawyer is not necessary to apply for a restraining order, and the applicant can be heard the same day they attend court by a magistrate. Once they’ve been served, the respondent has 20 days to respond (file a notice of motion, and the supporting affidavit with the Court of Queen’s Bench).
In most situations where a protection order is needed, the accused will be required to stay away from the protected person (typically by a Judge or the Police). It’s understandable that a no-contact order can be extremely stressful and could cause immense hardship, but there are options available to someone who wishes to get an order removed (although, every case is different). But in any case, breaching these orders will get you a night in jail or worse.
Our firm has represented both sides, and the most important thing to remember, especially if you are served with a notice to set aside a protection order, is that time is of the essence, and legal aid should be attained as soon as possible.
Contact Alghoul & Associates’ experienced Family lawyers for help with your divorce or separation.