Free agent Chad “Ochocinco” Johnson breathed a sigh of relief
last month as his wife, American TV personality Evelyn Lozada, asked a
Florida judge to drop a restraining order that had been in place against
him since August.
The order stemmed from a domestic violence incident in the summer, where
Lozada alleged that Johnson had headbutted her during an argument. Johnson
was subsequently arrested and Lozada filed for divorce after just one
month of marriage.
Since the incident, Johnson has been on a public tour of apology, expressing
his contrition to virtually anyone who would listen. He has admitted that
he has issues with anger and is seeking professional help for his issues.
During the court hearing to drop the restraining order, Lozada testified
that she had not been threatened or coerced into making the request to
drop the order and that she was not afraid of Johnson. While it remains
unclear whether the pair will reconcile, sources close to Lozada have
indicated that she wished to resume contact with the athlete.
In Ontario, a party applying for a restraining order in family court must
prove that they have reasonable grounds to fear for their safety or for
the safety of any child in their custody.
According to section 46 of Ontario’s
Family Law Act, the court may make an interim or final restraining order against:
- A spouse or former spouse of the applicant; or
- A person other than a spouse or former spouse of the applicant, if the
person is cohabiting with the applicant or has cohabited with the applicant
for any period of time.
This means that married people, divorced people and people who are living
together may become the subject of a restraining order if reasonable grounds exist.
Furthermore, section 46 provides that the content of the restraining order
may prohibit the person against whom the order is made from directly or
indirectly contacting or communicating with the applicant or a child in
the applicant’s lawful custody and/or from coming within a specified
distance of certain locations. The court can also include any other provision
that it considers appropriate within the order.
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