OAKNet: Abuse of Older Adults - PROTECTIVE ORDERS

Protective Orders

If you have been abused and want the abuser to stay away from you, you can apply for court orders. These court orders tell the abuser to stay away. If the abuser doesn't stay away, he or she can be punished. Talk to a lawyer or someone who understands these orders to decide which order to apply for.

Emergency Protection Order under the Protection Against Family Violence Act:
This is an order that police can obtain from the court to provide immediate protection to an abused "family member".
...View more information on Emergency Protection Orders
Queen's Bench Protection Order under the Protection Against Family Violence Act:
This is an order to provide protection to an abused "family member", which can be requested in non-emergencies.
...View more information on Queen's Bench Protection Orders
Restraining Order through the civil courts:
A restraining order is an order made by a judge that orders a person or persons to stay away from persons named in the order and prohibits them from hurting or threatening to hurt those named in the order.
...View more information on Restraining Orders
Peace Bond through the criminal courts:
A peace bond is an order from a criminal court. A court can grant a peace bond that requires the abuser to have no contact with persons named in the order and to stay away from specific locations.
...View more information on Peace Bonds

NOTE: If a person is arrested, the legal system can impose a no contact order.

...View information on No Contact Order

No Contact Order

A no contact order can be issued:

by police if a person is arrested with a warrant and is released pending a court appearance. The police can order him or her not to go near or communicate with you. It is important to make the police aware that this is a restriction that should be imposed on the accused. The order will only be effective until the accused appears in court and the case against him or her is heard.

by a Justice of the Peace when releasing an accused on bail. The prosecutor in charge of the case must ask the Justice to impose this condition, so you must ask the prosecutor to request it. The order will only be effective until the accused appears in court and the case against him or her is heard. If an accused breaks a no contact order, he or she might then be kept in custody.

as part of a final sentence for a criminal offence. If the offender breaks the no contact order, he or she can be taken back to court for further punishment. The offender may also be charged with a new offence for breaking the order.

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