A restraining order is a type of court order that is issued by a family court judge. The order spells out what you can and cannot do, where you can and cannot go, and with whom you can communicate. The person requesting the restraining order is oftentimes a spouse or significant other who is alleging abuse or harassment.
However, some individuals take out a restraining order for retaliatory purposes—such as when a court does not award them custody of their children following a separation or divorce. If you are the subject of a restraining order, you should understand that violating the order is itself a crime. Our knowledgeable Calgary criminal defence lawyers at Bourdon Defence can make certain that your legal rights are safeguarded while the restraining order is pending. Our skilled lawyers can also advocate for you at all court proceedings and can defend you in court.
Who Can Apply for a Restraining Order?
Individuals apply for a restraining order by filing a petition and going to Calgary family court. Under the majority of circumstances, a person can apply for a restraining order in the following circumstances:
- He or she was previously married to the person who is the subject of the restraining order
- He or she previously lived with the person who is the subject of the restraining order for any period of time
- He or she has a child in common with the person who is the subject of the restraining order
These same circumstances apply to same-sex couples just as they do for heterosexual couples.
Whom Does a Restraining Order Cover?
A restraining order issued by a family court judge can place severe limitations on you and can limit your contact with certain individuals while the order is pending. Restraining orders may cover not just the individual who is petitioning for the order, but also children whom you and the petitioner have in common. Specifically, a court-issued restraining order may preclude you from doing any of the following:
- Coming within 500 metres of the petitioner and his or her minor children
- Coming within 750 metres of your workplace or home
- Talking to or communicating with your children in any way, except through another person or an agency
If you fail to abide by any of the terms and conditions of a restraining order, you can be charged with a violation and incur additional penalties and consequences.
Talk to a Calgary Criminal Defence Lawyer Today
Restraining orders can have wide-ranging consequences and can preclude you from contacting your loved ones for long periods. If you find yourself the subject of a restraining order, you need legal representation by your side. At Bourdon Defence, our Calgary legal team understands the consequences associated with being the subject of a restraining order—especially in cases where you have done nothing wrong. To schedule a case evaluation and initial consultation with a Calgary criminal defence lawyer, please call us today at (403) 474-4143, or contact us online.