In the decision of Ciffolillo v. Nieweglowski the wife was asking for a restraining and non-harassment order against her husband.
The wife’s evidence for the restraining and non-harassment was put forth through Affidavit evidence. The wife submitted in her two Affidavits that the husband had engaged in bullying and threatening behaviour.
The husband submitted three Affidavits denying all of the allegations of the wife. The husband fervently argued against the restraining and non-harassment because he is a teacher and was afraid that, if a police check is done and this order appears, it could affect his career.
The judge was not satisfied that, based on the evidence, the restraining order was necessary. This case is interesting given that normally when there is contradictory Affidavit evidence, such as the case here; judges direct a trial on the issue.