How do I ask for a restraining order in a family law motion?
Question & AnswerHow do I ask for a restraining order in a family law motion?
4. Go to court
In most cases, there will be a ‘hearing date’ on your notice of . You and your partner are expected to be in court on that date and time.
Form 14C: Confirmation
Before each court date, you must Form 14C: Confirmation with the court. This form tells the court that you will come to your court date. You must file the Form 14C at least 2 days before your court date. If you do not file this form, you might lose your court date.
You do not need to file a Form 14C if you’re bringing an ex parte or urgent motion without notice.
Your court date
To get a , you must prove that you have reasonable grounds to fear for your safety or the safety of any child that you have for. You must show why you are afraid for yourself or any child.
You might want to ask for a restraining order if the person:
- is harassing you after you have moved out and you don’t want to call the police
- has threatened you and the police tell you there is nothing they can do
- has threatened to abduct or take your child away from you
You usually give evidence using sworn written documents called affidavits. But sometimes you might have to give oral evidence where you answer questions in court. In most cases, your partner will also give evidence.
To prepare for court, you should make notes about:
- every time your partner threatens, contacts, or hurts you or your family,
- any time your partner damages your property, and
- a list of witnesses to the behaviour.
The judge will look at all the evidence and decide whether to give you a restraining order and for how long.
Urgent motion without notice
If you brought an ex parte or urgent motion without notice, the judge will decide whether to grant a temporary restraining order based only on your written evidence. The judge will set another court date, usually within 14 days, when they will hear from both of you.
You will need to your partner with a copy of the order and your court documents. The judge will then decide whether to continue the restraining order.