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  • Ex parte restraining order??? HELP!!

    I was just served an ex parte restraining order. I have to return to court soon on it. It is "temp".

    The information provided by my ex is 100% false and she didn't provide any evidence. I just states she is "scared" with no rhyme or reason why she is scared. I was surprised the Judge gave her one. This was her third attempt. Last two times the Judge sent her away with a court date which she abandoned and was told to notify me of the date,

    I am scared she will make it permanent since the Judge already granted her a temp. one. She is the type that makes false allegations.
    Anyone have experience with this and how it will go?
    I am in Ontario.

  • #2
    Originally posted by danzuchy View Post
    I was just served an ex parte restraining order. I have to return to court soon on it. It is "temp".

    The information provided by my ex is 100% false and she didn't provide any evidence. I just states she is "scared" with no rhyme or reason why she is scared. I was surprised the Judge gave her one. This was her third attempt. Last two times the Judge sent her away with a court date which she abandoned and was told to notify me of the date,

    I am scared she will make it permanent since the Judge already granted her a temp. one. She is the type that makes false allegations.
    Anyone have experience with this and how it will go?
    I am in Ontario.
    1. You should seriously consider getting a lawyer.
    2. Read the following thread:

    http://www.ottawadivorce.com/forum/f...ase-law-12665/

    3. Are children involved in your matters?

    Comment


    • #3
      Originally posted by Tayken View Post
      1. You should seriously consider getting a lawyer.
      2. Read the following thread:

      http://www.ottawadivorce.com/forum/f...ase-law-12665/

      3. Are children involved in your matters?
      Yes, children are involved but the Judge already put in the order that the custody remains unaffected by the motion.

      My worry is this:
      1) I was surprised the Judge gave it with no evidence presented and no documented "truths". It was baseless allegations without dates, times etc.
      2) If she gets the Restraining order I can expect false allegations daily since she has a lot of relatives on our local police force

      Comment


      • #4
        Originally posted by danzuchy View Post
        Yes, children are involved but the Judge already put in the order that the custody remains unaffected by the motion.

        My worry is this:
        1) I was surprised the Judge gave it with no evidence presented and no documented "truths". It was baseless allegations without dates, times etc.
        2) If she gets the Restraining order I can expect false allegations daily since she has a lot of relatives on our local police force
        1. Ask for the restraining order to be "mutual". No reason that it can't be "mutual" between both parties.

        2. Restraining order should allow for communications through "Our Family Wizard" or similar parental communications platform and be specifically about matters regarding the children. (Do not accept email as a mode of communication... WD can explain why...)

        3. Exchanges are to happen at some neutral location at minimum. Best done as pick ups and drop off at school and/or daycare.

        4. The access and custody was not changed. Under the CLRA it is joint 50-50. Or was there an existing custody and access order in your matter?

        Good Luck!
        Tayken

        Comment


        • #5
          Originally posted by Tayken View Post
          1. Ask for the restraining order to be "mutual". No reason that it can't be "mutual" between both parties.

          2. Restraining order should allow for communications through "Our Family Wizard" or similar parental communications platform and be specifically about matters regarding the children. (Do not accept email as a mode of communication... WD can explain why...)

          3. Exchanges are to happen at some neutral location at minimum. Best done as pick ups and drop off at school and/or daycare.

          4. The access and custody was not changed. Under the CLRA it is joint 50-50. Or was there an existing custody and access order in your matter?

          Good Luck!
          Tayken

          Mutual will be ideal but in my situation it won't work. She has relatives in our police force and she can do as she pleases and none will do anything. If she gets one on me and false allegation gets me in trouble. I will win in court but I still have to go through the proce$$.

          What I am wondering is if I can get that temp. restraining order nulled. I know Judges don't like changing their decisions.

          Basically what I am asking is if anyone got a temp. restraining order nulled.

          I am still surprised she got it with no evidence. Sucks.

          Comment


          • #6
            Originally posted by danzuchy View Post
            Mutual will be ideal but in my situation it won't work. She has relatives in our police force and she can do as she pleases and none will do anything. If she gets one on me and false allegation gets me in trouble. I will win in court but I still have to go through the proce$$.

            What I am wondering is if I can get that temp. restraining order nulled. I know Judges don't like changing their decisions.

            Basically what I am asking is if anyone got a temp. restraining order nulled.

            I am still surprised she got it with no evidence. Sucks.
            In your responding affidavit identify each family member by name who works on the police force and if you have it, their badge number. You can request a direct order possibly that none of these "peace officers" be involved in matters.

            Or, if there is another police force close to your residence that an officer from that force be assigned to review all notes, materials, etc... to insure there is no abuse of power etc.

            Comment


            • #7
              Just to update this:

              The Judge ordered a mutual restraining order due to the "involvement" of her police family. He also "seized" the case so any future problems go in front of him.
              I didn't ask for a restraining order btw.

              Comment


              • #8
                Originally posted by danzuchy View Post
                Just to update this:

                The Judge ordered a mutual restraining order due to the "involvement" of her police family. He also "seized" the case so any future problems go in front of him.
                I didn't ask for a restraining order btw.
                1. Good that the order is "mutual" now. It removes the "bias" from the matter that could form and demonstrates that you are also a potential target of abuse by the other party.

                2. Excellent that a justice is "seized" of the case. Very fortunate as this will progress the matters forward MUCH faster. Should happen more often!

                3. You didn't need to if the other parent is hurling allegations, wasting court time and generally demonstrating they are irrational. Their irrational behaviours would be the reason you didn't need to ask for one or present any evidence. Their own conduct and allegations potentially reason enough for the order to be made mutual. The other parent possibly supplied enough evidence to their anger, hatred and rage against you in their court materials for a judge to do this.

                Good Luck!
                Tayken

                Comment


                • #9
                  lots of great info - I wanted to ask the following though:

                  my biggest fear of signing any document is her irrational everything to include what the heck shall happen if she just makes another false allegation on top of everything now? Another after that? Good point of Tayken to attempt to remove the police family members from processing any further complaints/issues. Even in this case, this step appeared not to take place so the risk remains for this man.

                  What can he do to protect himself now that the judge decided to start this legally (by making the mutual restraining order. It just seems to be a shame that the judge just did not figure out the history, all the previous attemps/waste of the court's time? I suppose that yes I am still sour over my experience, the desire to do nothing for the truth (say this juudge just going ahead and doing the right thing - slapping his ex with the restraining order alone in an attempt to get her to ease off and just stop harrassing him needlessly?

                  My last vent is quick (ok sort of!! :-)))- the being charged with false allegations, worse, why they didn't figure out who the real aggressor was -

                  Sure would have made my last 8/9 months easier!! So I complain to the top shift supervisor regarding the arrest, the improper witness statements, changing witness statements to suit his "polite fantasy" and my real beef on both occasions was the complaint was referred to the arresting officer for his review?? WTF? and the second time, for a more thourogh investigation?? Double WTF?? I have never heard of a complaint being sent to the offending individual to what "modify their notes" to better prepare for his court appearance, or to shoot I don't care about the second - the first review was offensive enough...... yes it should have gone to a second officer or perhaps a special investigating officer to at least give it a chance for the truth to bubble up to the top before the guilty party gets to go to court to defend what were false allegations to begin with??? yes I put guilty party on purpose because that is how I was treated. End of VENT!!

                  Comment

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