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Divorce & Family Law This forum is for discussing any of the legal issues involved in your divorce.

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Old 09-21-2013, 12:29 PM
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Default How to change Interim Restraining Order???

Hi I was in court yesterday for a motion, I am the applicant, my motion was for a restraining order, because my ex continues to harass me, is in breech of a non communication order and has come on my property to serve me papers breaching my exclusive possession of the home in the same order made back in march 2013. Other issue child care he refuses to pay.

In court judge said our motion was a "long motion" and had it adjourned to December 16, but I told the judge I had a problem with the waiting because I needed on an urgent basis a restraining order because the respondent continues to Harrass me and has breeched the order.
He asked if we both consented to the restraining order and I said yes his lawyer said yes so court gave us a white Restraining Order sheet to fill out with name birthdate address, tattooes/ marks etc. I filled it out handed it back.

I am self represented my ex has a lawyer.

When I got home I was thinking about it and I thought to look up restraint orders on Internet and it seems those identification forms go to CPIC.
PROBLEM.....I am so confused I do not know what the hell I consented to and what happened with this restraining order.

The judge gave it on an interim basis I have a copy saying the restraining order is on my ex.

I AM SO CONFUSED DID I CONSENT TO A RESTRAINING ORDER ON BOTH OF US OR DOES HE JUST HAVE ONE ON HIM????

WHY WAS I ASKED TO FILL OUT THE RESTRAINING ORDER WHITE SHEET????

IF IT IS ON BOTH OF US HOW DO I KNOW, DO WE GET A COPY ONLY OF THE OTHER PARTY WHO IS RESTRAINED FROM US SO I HAVE A COPY OF HIM AND HE WAS GIVEN A COPY OF ME BEING RESTRAINED ON HIM???

IF IT IS ON BOTH I NEED IT CHANGED BECAUSE I AM NOT GUILTY OF HARRASSMENT AND I HAVE ALL THE EVIDENCE AGAINST HIM HE HAS NOTHING ON ME BECAUSE I DID NOT DO ANYTHING ALL HIS DEFENCE IS VERBAGE NO BACK UP EVIDENCE CONTRIDICTING MINE.

How do I change the interim order for work purposes and for volunteering and my kids school I need security clearance and police check, I can't have this order on me. Besides I am and have not been a threat to him????????

Do I talk to his lawyer, without prejudice, asking him to consent to change ??? What?????
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Old 09-21-2013, 12:48 PM
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Location: Kitchener Ontario
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sounds like you consented to a mutual restraining order. I am not really sure if you can get it thrown out. I dont think it will hurt you with you in regards to the kids school and work. Its not like you were charged with theft or violence. Its just a way to keep the peace between you and the ex during a separation.

Not to be rude but if you are signing stuff without knowing then you really should not be self-repping. You need to be more on top of stuff.
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Old 09-21-2013, 12:52 PM
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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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If you have a restraining order it applies to both of you. Otherwise you could walk up to your ex and then have him charged for breeching the order. It would be ridiculous if he had to stay away from you, but you could walk up to him any time you felt like it.

If there is legitimate reason for preventing your ex from communicating with you, then you have no business initiating contact with your ex.

Sole possession of the house does NOT prevent your ex from coming to the house. If this is the only order you have, it is not a restraining order.

In serving court papers, "Special Service" requires that you be served personally. It is usually recommended to use a process server, but there is no law that forces anyone to. So it may happen that one party will serve the other. If you have a non-contact order, then he should have used a server, or had friend do it while he waited in the car. However you are not clear exactly what your order said, so you better find out.
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