Supporting an abused woman to get a restraining order

1. Supporting an abused woman to get a restraining order A webinar presented by Pamela Cross, based on content from After She Leaves Manual: Supporting women Through the Family Court Process, a resource published by Luke’s Place Support and Resource Centre available for $35.00 by contacting admin@lukesplace.ca

2. Objectives • This webinar will assist you in supporting a woman who is thinking about applying for a restraining order to protect herself from an abusive partner/former partner. You will learn: • What a restraining order is • Some other court orders that may keep a woman safe • The procedure to apply for a restraining order • What kinds of evidence will support her application • How to do safety planning with a woman who is applying for a restraining order

3. Disclaimer This webinar provides basic information and not legal advice. It is not a replacement or substitute for legal advice or representation. Any woman considering taking any action in family court should meet with a lawyer if at all possible.

4. Some resources for women who cannot afford topay for a lawyer include: • Family Law Information Centre (at family court) • Family Court Duty Counsel (at family court) • Family Law Service Centre • Family Court Support Worker • 2-hour Family Violence Authorization certificate available from many women’s shelters

5. What a restraining order is • An order from the family court, most commonly under the Family Law Act but also available under the Children’s Law Reform Act • A way to keep an abuser away from his partner/former partner • Can also limit or prevent the abuser from contacting the woman or the children

6. What a restraining order is (cont’d) • Can keep the abuser from the applicant’s place of work or the children’s school • Can keep his friends or family from calling on his behalf • Can keep the abuser away from the woman’s home or anywhere she is living

7. What a restraining order is (cont’d) • Can get a restraining order against a spouse, former spouse or common law partner • Can protect woman as well as her children

8. Some other court orders that can keep a woman safe • Peace bonds • Bail conditions • Probation conditions • Exclusive possession of the matrimonial home • No-trespass letters

9. The procedure to apply for a restraining order • Start with an Application (Form 8) • Can be part of a larger application or can stand alone • Can be brought as a motion or emergency motion • Order will be made if judge determines her fear is reasonable • Standard of proof is on a balance of probabilities

10. The procedure to apply for a restraining order (cont’d) • Order will be made on a standard form order • To be enforceable, order needs to be specific and detailed • Entered onto CPIC • Breach can result in criminal charge • Restraining order may be helpful even if other order(s) already in place

11. Kinds of evidence that will support her application • Woman needs to convince judge that her fear is reasonable • Woman’s own evidence of history of abuse • Documentation of stalking or harassing behaviour • Pre- and post-separation abuse or threats

12. Kinds of evidence that will support her application (cont’d) • Hospital or police records • Photographs of injuries • Witness statements • Electronic evidence • Threats relating to the children • Detail is important

13. Safety planning • When she serves him with documents • When she has the restraining order • If he breaches the order • Important to remember that the order is just a piece of paper; it does not replace the need for an overall safety plan

14. Additional resources • After She Leaves Manual: Supporting Women Through the Family Court Process, Luke’s Place Support and Resource Centre, $35.00, admin@lukesplace.ca • A Self-Help Guide: How to Make an Application for a Restraining Order. Ministry of the Attorney General. http://www.attorneygeneral.jus.gov.on.ca/english/family/guides/restraining_order/

15. Questions?