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Old 10-23-2013, 12:20 PM
Mess Mess is offline
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Join Date: Aug 2009
Location: Toronto
Posts: 5,448
Mess is a jewel in the roughMess is a jewel in the roughMess is a jewel in the roughMess is a jewel in the rough
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You base your motion this way:

You are seeking an order for exclusive possession of the home;

You are seeking a restraining order limiting the other party to supervised access of the home if legitmate reasons are provided, during regular business hours with 24 hours notice;

You have been living exclusively in the home for xxx months;

The other party moved out of the home on (date);

The other party has had a permanent residence at (address) since (date);

The other party retrieved their personal possessions on (date) and to your knowledge there are no other personal possessions belong to the other party on the premises; (NOTE: if there are, pack these in boxes and store them in a secure location on the premises, such as in the garage; this would mean the other party no longer has legitmate reason to search the house.)

If such possessions were on the premises you would be happy to provide access at a preassigned date and time;

The other party has been accessing the premises on random dates and times, record attached;

You feel that the other party is repeatedly accessing the property for no legitimate reason, and is acting out of reasons of hostility and harassment; (NOTE: Your "feelings" of harrassment are a legitimate, legal reason for a restraining order)

You are entitled to privacy and security of your belongings the same as any other tenant, homeowner, or resident of a property;

You have concerns that the other party may invade your home after hours or when you are sleeping, or may seek access without warning at any time;

You therefore feel unsafe in your own home; (NOTE: This is a legitimate statement of fact, and an important part of your application.)

You are willing to allow the other party reasonable access for legitmate reasons with 24 hours notice, during regular business hours (or other times you prefer.) (NOTE: I would suggest you require the presence of a reliable 3rd party at these times, such as a trusted neighbour. The neighbour could be provided with a key. This of course requires the agreement of the neighbour. Include this if possible in your motion application.)
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