Divorce is a difficult and emotional time and, in some unfortunate cases, can bring out the worst in people.

Our Red Deer divorce lawyers fully understand that, although many times this separation-related behavior is aimed at the other partner, it can also negatively impact the children.

An embittered spouse’s actions can cause significant emotional and financial hardship which is why we are always available to give our clients the necessary legal advice, including how to get a restraining order, to help keep you and your family safe.

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What is a restraining order?

A restraining order is an order made by a criminal court to protect someone from being physically or sexually abused, threatened or harassed. The order can be for any length of time and may be indefinite.

Frequently, the restraining order will prohibit direct or indirect contact and may include keeping away from the property or premises. Sometimes, restraining orders protect other people including family or household members.

A restraining order has very serious consequences and can negatively impact not only the people directly involved but other family members as well.

If you are considering getting a restraining order, it is best to talk to a divorce lawyer first as they can provide the necessary legal advice concerning what is best for you and your family.

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What does a restraining order do?

A restraining order can help protect you from domestic abuse including physical injuries, battery, molestation, stalking or threatening to do any of the above.

In general, restraining orders include:

Personal Conduct Orders

A personal conduct order are orders for the restrained person to stop certain actions against the ‘protected person’ including:

  • Contacting, calling or sending messages
  • Attacking, striking or battering
  • Stalking
  • Threatening
  • Sexually assaulting
  • Harassing
  • Destroying personal property
  • Disturbing the peace
Stay Away Orders

These are orders to keep the restrained person a certain distance from:

  • The protected person(s)
  • Where the protected person lives
  • His/her place of work
  • His/her children’s school or day care
  • His/her vehicle
Residence Exclusion

These are orders telling the restrained person to move out from where the protected person lives and only take their personal belongings until the court hearing.

Talk to your divorce lawyer about this type of order as it is typically only asked for in domestic violence or dependent adult abuse restraining order cases.

Why it’s important to always seek legal advice from a divorce lawyer

As mentioned above, getting a restraining order against an ex-spouse is a very big decision and for the restrained person, having such an order against him/her can have very serious consequences including that he/she:

  • Won’t be able to go to certain places or do certain things
  • May have to move out of the marital home
  • Won’t be able to see his/her children
  • May go to jail, pay a fine, or both, if the restraining order is violated

That is why it is very important to talk to a Red Deer divorce lawyer as soon as possible if you are considering a restraining order as they have the knowledge and expertise to best advise you on what choice is right for you and your family.

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Need legal advice? Learn more about getting a restraining order in Red Deer by contacting our divorce lawyers at 1-800-381-1303

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Posted by Separation Superhero

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