Restraining Orders

with Shelly Banihashemi

Transcript of Restraining Orders

Hello. My name is Shelly Banihashemi and I am an associate at the Feldstein Family Law Group. Today, I will be discussing restraining orders in the context of the family court. It is important to keep in mind that restraining orders can also be obtained through the criminal courts, however, there is a different criteria’s that must be met in the respective courts. I will only be addressing restraining orders in the family court.

In order to bring a claim for a restraining order in the Family Court you must prove that have reasonable grounds to for fear for your safety and for the safety of any child in your custody.

The Family Law Act tells us that a Court may make an interim or final restraining Order against a spouse or former spouse of an Applicant or alternatively, against a person other than a spouse or former spouse of an Applicant, if the person is cohabiting with the Applicant or has cohabited with the Applicant for any period of time. The term 'cohabiting' in this context means to live together in a conjugal relationship, whether within or outside of marriage. As such, in the family Courts you cannot for example make a claim for a restraining order against your spouses friend or your spouses relative.

The Court may then make an order that they deem to be appropriate including restraining the person in whole or in part from directly or indirectly communicating or contacting with you or any child in your custody, restraining the person from coming within a specified distance of one or more locations where you may be, or lastly, any other provision that the court considers appropriate in the circumstances.

If you would like to discuss restraining orders in the family law context in further detail, please contact our office in order to book a consultation with one of the lawyers. Thank you for watching!