How to Get a Restraining/Protection Order in Ottawa

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If you are feeling unsafe or threatened, it's important to understand your options for protection. In Ottawa, obtaining a restraining or protection order can help ensure your safety and provide legal recourse against abusive behavior.

Understanding Restraining and Protection Orders

Before initiating the process, it's essential to understand what a restraining or protection order is. These legal documents can offer protection from harassment, threats, or violence by prohibiting the abuser from contacting or approaching you.

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Steps to Obtain a Restraining/Protection Order

Step 1: Assess Your Situation

Take time to evaluate the specifics of your situation. Document any incidents of harassment or abuse and gather evidence if possible. Your safety is the priority.

Step 2: Consult with a Qualified Attorney

It is highly recommended to speak with a local attorney who specializes in family law or domestic violence. They can provide specific guidance based on your circumstances and help you understand the legal implications.

Step 3: Gather Necessary Documentation

Collect any relevant documents that support your case. This may include police reports, photographs, texts, or emails that demonstrate the abusive behavior.

Step 4: File Your Application

In Ottawa, you can file your application for a restraining order at the local courthouse. Your attorney can assist you in completing the necessary paperwork. Be prepared to explain your situation clearly.

Step 5: Attend the Hearing

After filing, a court hearing will be scheduled. You may need to present your case, so having your attorney with you can be beneficial. The judge will review the evidence and determine whether to grant the order.

What to Bring / Document

Identification (ID)
Any evidence of abuse (photos, messages, etc.)
Witness statements, if available
Police reports or other legal documents
Your written account of incidents

What Happens Next

If the court grants the protection order, it will outline specific restrictions on the abuser's behavior. Keep a copy of this order with you at all times and inform local law enforcement about the order, so they can assist you if necessary.

FAQ

1. How long does it take to get a protection order?

The process can vary, but it often takes a few days to a few weeks depending on the court's schedule.

2. Can I apply for a protection order without an attorney?

Yes, you can file without an attorney, but having one can help navigate the legal complexities.

3. What if the abuser violates the protection order?

If the order is violated, contact local law enforcement immediately. They can take action based on the violation.

4. Are there fees associated with filing for a protection order?

There may be filing fees, but waived fees can be requested for those who demonstrate financial hardship.

5. What support services are available in Ottawa?

Ottawa has various support services, including shelters and counseling, which can be accessed for additional help.

If you want local help, you can privately browse lawyers, therapists, shelters, and hotlines near you at DV.Support.