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How to start divorce proceedings in Calgary

July 26, 2018

As a lawyer practising in the areas of divorce and family law in Calgary, one of the questions I am frequently asked by clients is: How do I start div...

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How can I obtain a Restraining Order?

May 24, 2017

Calgary divorce lawyers are usually very familiar with the process required to obtain a Restraining Order from the Court in Calgary.

 

The first thing to bear in mind is that a Restraining Order, essentially, places a bubble around the Applicant and the Respondent is then prevented from coming within a certain distance of the Applicant.  The usual distance is 500 metres but this can be less if such a distance would prevent the Respondent from being able to perform certain things.  For example, if both parties' work location was in the same downtown block, a distance of less than 500 metres may be ordered for the time the parties are at work.   In addition, the Respondent is usually ordered not to contact the Applicant in any way.

 

Because of this bubble, it is not possible to obtain a Restraining Order if the parties are living in the same residence.  In such a situation, the Applicant would need to apply for an Emergency Protection Order that, if granted, would also evict the Respondent from the residence.

 

When applying for a Restraining Order, the Applicant completes an Application that is supported by an Affidavit.  In the Affidavit, the Applicant will need to explain to the Court what the Respondent has done that would justify a Restraining Order being granted.

 

Such an Application can be made on notice, which means that the Respondent will be able to attend the Court at the time the Application is heard to explain to the Court why they oppose the Application.   In addition, the Application may be made without notice, which means that, at the time the Application is heard, the Respondent is not able to make submissions to the Court and, the Application is based purely on the evidence given to it by the Applicant.

 

Understandably, a Court will not allow a without notice Application to be made unless faced with an emergency situation.   If the Court grants a Restraining Order under such conditions, it will normally make an Order that is an interim Order and will set a review date so that, at the review date, the Respondent can make submissions to the Court.   A review date is usually set for a period of approximately 3 weeks after the interim Order was made.

 

If, after reading the above, you would like to discuss any questions you may have regarding Restraining Orders, divorce, separation, division of property, child support, spousal support, custody and access or guardianship and parenting, please call me on 403-538-2105, or email me here.

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