Toronto Emergency Restraining Order
If you have an urgent family law situation, where an emergency order is required to protect you or your child, it is important to seek legal advice and potentially take legal action as soon as possible.This can include bringing an emergency or urgent motion to the court.
While it is always best if separated parents can come to temporary arrangements until a court date is set, this is not always possible. Sometimes, situations require urgent action and court intervention due to the actions of one of the spouses. In such cases, it is important to get comprehensive legal advice with respect to custody, access, or restraining orders as soon as possible. In a divorce or separation, children, and their protection, need to be the first priority over any issues between the parents or adults.
The Family Law Rules permit a very limited number of motions to be brought before a case conference and without notice. Generally, the court encourages a case conference, which is a form of a meeting in front of a judge, before motions can be brought in which the judge makes a decision. However, there are some circumstances, including when there is an imminent risk to you or your child, that these type of motions are permitted.
Even when a motion is required before a case conference, in general, judges prefer that motions are brought on notice to the other party. In simple terms, that means that ideally it is preferred that both parents have a chance to state their case to the judge and file court materials that provide evidence of what each parent wants. However, in some situations, that step is not practical. If you are worried about harm to you or your child, it is sometimes important to take immediate action.
In these emergency or urgent situations, courts can either grant custody orders, parenting orders, or restraining orders. A restraining order is a court order that prevents the other party from coming near you or the children. It can also prevent your former spouse from contacting you directly or indirectly. Finally, it can also include terms that prevent the other party coming to the child’s school or any other place the child is known to be. In simple terms, are straining order can be granted if there is good reason to fear the other party and an order is necessary to protect you or the child. In addition, if a restraining order is breached, criminal charges can be laid against your ex spouse for not following the order.
It is extremely important that these types of motions are only brought in appropriate circumstances. Asking the court for an emergency order when the court finds there is no emergency can get you off to a bad start and harm your case. The lawyers at Modern Family Law LLP have over 25 years of combined experience dealing with cases and situations of all kinds. The lawyers at Modern Family Law LLP can help give you tailored guidance as to what the best course of action is in your situation.
Contact Modern Family Law LLPat 647-DIVORCE to get help with emergency court orders you need after separation.
