How do I ask for a restraining order in a family law motion?

5. Get your order

If the judge decides to give you a , court staff will prepare the order and give it to you. They will also send a copy to the police.

Make sure you ask court staff for copies of the restraining order. They will give you 2 certified copies for free. You have to pay for additional copies or to replace a lost copy.

You should not leave the courthouse until you get a copy of the restraining order.  

Keep a certified copy of the restraining order with you at all times. If your partner does not follow the conditions in the restraining order, the police need to see the order before they can do anything.

The police can arrest them, charge them with a crime, and hold them for a . If your partner is released, the bail conditions will probably be stricter than the conditions in the restraining order.

If your partner is charged with a crime for not following the restraining order, you might have both family and criminal court happening at the same time.

It’s important to tell the family court if your partner has not followed the restraining order. This information should be included in the documents you prepare for family court. Even if your partner is not charged in criminal court, the family court might decide that not following the restraining order impacts on your family case.

You might also want to give a copy of the restraining order to someone else. For example, if the order says that your partner can’t contact your child, you should give a copy to your child’s teacher or principal. They can show the order to the police if your partner tries to pick up your child from school.

End your restraining order

Restraining orders are either temporary or final. At every court hearing, the judge might end the order, continue the , or make the order final.

Most restraining orders are temporary. Temporary restraining orders end:

  • on a date set by a judge in the order,
  • if your family law case expires, or
  • if the court makes an order to end it.

Final restraining orders might end:

  • on a date set by a judge in the order, or
  • if the court makes an order to end it.

In some cases, the restraining order will be permanent. This means it does not have an end date. It continues until the court makes another order or orders something different.

When a restraining order ends, court staff will provide you and your partner with a copy of the form to confirm that the order is ending. They will also send a copy of the form to the police. Police cannot enforce a restraining order after it has ended.

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