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Difference between revisions of "Family Law Act Basics"
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→What are protection orders?
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*restricting contact and communications, | *restricting contact and communications, | ||
*requiring a person to stay away from someone else’s home, school, place of employment or place of business, | *requiring a person to stay away from someone else’s home, school, place of employment, or place of business, | ||
*prohibiting stalking, | *prohibiting stalking, | ||
*prohibiting a person from possessing weapons, and | *prohibiting a person from possessing weapons, and | ||
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====Applying for a protection orders==== | ====Applying for a protection orders==== | ||
A person at risk of family violence, or someone on that person’s behalf, can ask the court for a protection order as long as the at-risk person and the person from whom the protection order is sought are ''family members'' as defined by s. 1. In general, a family member is someone who lives with the other person, someone who is a spouse of the other person and someone who is a parent with the other person. People who don't live together and are just dating will not quality as family members. | A person at risk of family violence, or someone on that person’s behalf, can ask the court for a protection order as long as the at-risk person and the person from whom the protection order is sought are ''family members'' as defined by s. 1. In general, a family member is someone who lives with the other person, someone who is a spouse of the other person, and someone who is a parent with the other person. People who don't live together and are just dating will not quality as family members. | ||
Applications for protection orders can be made without notice to anyone else, and may be made whether there is an existing court proceeding or not. | Applications for protection orders can be made without notice to anyone else, and may be made whether there is an existing court proceeding or not. | ||
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====Protection orders that conflict with other orders==== | ====Protection orders that conflict with other orders==== | ||
If a protection order conflicts with another order made under the ''Family Law Act'', like an order for parenting time or contact with a child, the parts of the earlier order that are in conflict with the protection order are suspended until either the order is changed to remove the conflict or the protection order expires. | If a protection order conflicts with another order made under the ''Family Law Act'', like an order for parenting time or contact with a child, the parts of the earlier order that are in conflict with the protection order are suspended until either the order is changed to remove the conflict, or the protection order expires. | ||
This rule applies to orders that are like ''Family Law Act'' protection orders but are made under the ''[http://canlii.ca/t/7vf2 Criminal Code]'' or under the laws of another jurisdiction. | This rule applies to orders that are like ''Family Law Act'' protection orders but are made under the ''[http://canlii.ca/t/7vf2 Criminal Code]'' or under the laws of another jurisdiction. | ||