What Is A Family Court Restraining Order?

Understanding Family Court Restraining Orders in New Brunswick

Definition and purpose of Family Court Restraining Orders

In this segment of the Langdon Law Newsletter we ask the question ‘what is a family court restraining order?

Family Court restraining orders are legal orders issued by a judge to protect individuals from domestic violence or harassment within a family setting. These orders are designed to prevent the abuser from contacting or approaching the victim as well as to prohibit any form of abuse or threats.

The purpose of a Family Court restraining order is to provide a sense of safety and security for the victim and any other family members involved. It is a crucial tool in preventing further harm and ensuring the well-being of those affected by domestic violence. These orders can include specific provisions such as prohibiting the abuser from contacting the victim, staying a certain distance away from them or even requiring them to move out of the shared residence.

Violating a Family Court restraining order can result in serious legal consequences, including fines or imprisonment. It is important for victims of domestic violence to seek help and protection through the legal system by obtaining a restraining order if they feel threatened or unsafe in their own home.

The legal scope of a restraining order: protection and limitations

A family court restraining order is a legal document issued by a judge to protect an individual from harm or harassment by a family member or intimate partner. These orders are typically sought by individuals who have been subjected to domestic violence, stalking or other forms of abuse. The purpose of a restraining order is to provide immediate protection to the victim and prevent the abuser from contacting or coming near them.

The scope of a family court restraining order can include a variety of provisions such as prohibiting the abuser from contacting the victim, entering their home or workplace or possessing firearms. A restraining order can also impact issues related to child custody, visitation and support. It is important to note that while a restraining order can offer valuable protection, it also has limitations.

For example, a restraining order cannot guarantee the victim’s safety or prevent all forms of abuse. It is essential for individuals who have obtained a restraining order to take additional steps to ensure their own safety, such as seeking counseling, creating a safety plan and contacting law enforcement if the abuser violates the order.

In summary, family court restraining orders are an important tool in protecting victims of abuse, but it is important for individuals to understand both the protections and limitations of these legal documents.

Differentiating between types: emergency, temporary and permanent orders

There are three main types of family court restraining orders: emergency, temporary, and permanent orders. Emergency orders can be made ex parte (meaning before the other party has been served with the application) and are typically issued when there is an immediate threat of harm or danger to the individual seeking protection. These orders are very temporary in nature, will remain in place until the other party has an opportunity to respond, and are meant to provide immediate relief until a more permanent solution can be put in place.

Temporary, or interim, orders are issued after a hearing, usually a motion, where both parties have the opportunity to present their case. These orders typically last for a specified period of time and usually remain in place until a final order is made in family court.

Permanent orders are issued after a full hearing where both parties have the opportunity to present evidence and witnesses. These orders are typically in place for an indefinite period of time and can only be modified, or terminated, by the court. It is important to understand the differences between these types of orders and to seek legal advice if you are in need of protection from abuse or harassment.

Process of obtaining a restraining order: steps and legal documentation involved

Obtaining a family court restraining order involves a series of steps and legal documentation that must be followed in order to ensure the safety and well-being of individuals involved in a domestic dispute. The first step in the process is to file an application with the family court requesting a restraining order. The application must include detailed information about the alleged abuse or harassment as well as any evidence or witnesses that can support the claim.

Once the application is served and filed with the court, unless a consent has been agreed upon, a hearing will take place where both parties will have the opportunity to present their case. During the hearing, the judge will review the evidence and any cross-examination on that evidence, and determine whether or not a restraining order should be granted.

If the judge decides to grant the restraining order, it will be issued in writing in the form of the judge’s endorsement and will outline the specific terms and conditions that the restrained party must follow. This may include staying a certain distance away from the protected party, refraining from contacting them, or attending counseling or anger management classes.

It is important to note that violating a restraining order can result in legal consequences, including fines or even jail time. Therefore, it is crucial for both parties to understand and abide by the terms of the restraining order in order to avoid further escalation of the situation.

Note that a draft of the court order that reflects the judge’s endorsement will be prepared by the applicant’s lawyer and, if approved by the other party’s lawyer, it will be reviewed by court staff to ensure that the terms of the draft order properly reflect the judge’s endorsement. If court staff is satisfied in this regard, the order will be issued and entered into the court’s records. Each lawyer will be provided with a copy of the issued order.

Who can apply for a restraining order in New Brunswick and eligibility criteria

In New Brunswick, individuals who are experiencing domestic violence, harassment or threats from another person can apply for a restraining order. The eligibility criteria for obtaining a restraining order in New Brunswick include being a victim of domestic violence or harassment, having a reasonable fear for your safety, or the safety of your children. It is important that your evidence satisfies the family court judge that a restraining order should issue.

The process for obtaining a restraining order involves filling out an application form, providing an affidavit outlining the reasons for seeking the order, and attending a court hearing where a judge will determine whether to grant the order. It is important to note that restraining orders are only granted in cases where there is a genuine threat to the safety and well-being of the individual seeking protection.

Understanding violation consequences: penalties and legal implications

Violating a restraining order can have serious consequences including criminal charges and penalties. The penalties for violating a restraining order can vary depending on the circumstances of the violation and the laws of the jurisdiction in which the order was issued. In some cases, violating a restraining order can result in fines, jail time or both.

Violation of a restraining order can have long-term legal implications, including a criminal record, that can impact future employment opportunities, one’s ability to travel or even rent an apartment! It is important for individuals subject to restraining orders to understand the consequences of violating them and to take steps to ensure compliance in order to avoid legal trouble. Seeking legal advice and guidance from an experienced attorney can help individuals navigate the complexities of restraining orders and avoid potential violations.

Legal assistance and support: resources available within New Brunswick

Legal assistance and support are essential services for individuals facing legal issues or challenges within the province of New Brunswick. Fortunately, there are several resources available to help individuals navigate the legal system and access the support they need.

One of the primary resources is Legal Aid, which provides advice and, possibly, legal representation to low-income individuals who cannot afford a lawyer. This service is invaluable for those who may be facing criminal charges, family law matters or other legal issues.

There are community legal clinics located throughout the province that offer free legal information and advice on a variety of legal issues. These clinics are staffed by lawyers and legal professionals who can help individuals understand their rights and options.

Furthermore, there are several non-profit organizations in New Brunswick that offer legal assistance and support to specific populations, such as immigrants, refugees, and Indigenous communities. These organizations provide culturally sensitive and specialized legal services to ensure that all individuals have access to justice.

Here’s the link to New Brunswick Legal Aid Services Commission:

https://www.legalaid-aidejuridique-nb.ca/home/

Here’s the link to the University of New Brunswick Legal Clinic:

https://www.unb.ca/fredericton/law/services/legalclinic.html

The importance of expert legal representation in family court

Expert legal representation in family court is important for ensuring that your rights and interests are protected during legal proceedings. Family court cases can be emotionally charged and complex, involving matters such as divorce, child custody, visitation rights, child and spousal support and division of matrimonial property.

Without the guidance of seasoned legal counsel who specializes in family law, individuals may struggle to navigate the legal system effectively. An experienced lawyer can provide invaluable support by offering strategic advice, representing clients in court and negotiating on their behalf to reach a reasonable and fair resolution.

Legal professionals understand the laws and procedures governing family court cases, allowing them to anticipate potential challenges and develop effective strategies to overcome them. By investing in expert legal representation, individuals can significantly increase their chances of achieving a favorable outcome in family court proceedings. It is important to choose a lawyer who has a solid track record of success in family law cases and who is dedicated to advocating for your best interests throughout the legal process.

I hope that you have found this information useful. If you have questions please leave them in the ‘Leave a Reply’ section below. To learn more here’s the link to the Langdon Law website:

https://www.langdonlaw.ca/

call: 506-496-5872

or email: grant@langdonlaw.ca

Grant Edward Rayner*

*Grant is a member of the Law Society in New Brunswick and in Ontario. In practice since 1985.

If you are separating from your spouse in the Upper St. John River Valley, call Grant’s direct line at 506.496.5872. Offices in Woodstock, Hartland and Florenceville-Bristol to serve you. Grant has been in practice for more than 39 years and has the experience, sensitivity and maturity to guide you through this difficult period in your life.