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  • both self reps now

    hi,
    I emailed my ex's lawyer yesterday and he informed me he is no longer representing my ex and sent me a copy of the change in rep. He also stated all further correspondence is to be done with her directly. My question is....
    I need to file a motion and serve my ex. She has a restraining order against me from a bogus threat charge.... will this be a breach if I send documents to her?

  • #2
    She has a restraining order against me ... will this be a breach if I send documents to her?
    What does the restraining order say?

    It is unlikely that serving documents on her by mail will be a breach, but you should consult the Order and, if necessary, the police service involved.

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    • #3
      Originally posted by OrleansLawyer View Post
      What does the restraining order say?

      It is unlikely that serving documents on her by mail will be a breach, but you should consult the Order and, if necessary, the police service involved.
      Good advice. Be forwarned that if you are in the jurisdiction of Toronto the police will harass you should you send documentation and possibly threaten you with breach of a restraining order for even minor communications.

      If you really want to be safe, write up what you are going to send, bring it to the police, have the officer who reviewed the materials and confirm that it is not a breach of the restraining (or peace) order to send the correspondence. Have them sign the correspondence and put their badge number on it and have them take a copy for their records.

      Highly unlikely the officer would do this but, they may... That way if the other party tries to use the communication against you to bring forward criminal charges in a "Shaw v. Shaw" manner you have all your bases covered.

      Shaw v. Shaw, 2008 ONCJ 130 (CanLII)
      Date: 2008-03-25
      Docket: 34/08
      Parallel citations: 62 RFL (6th) 100
      URL: CanLII - 2008 ONCJ 130 (CanLII)

      [8] I do not know what advice Mr. Shaw received from the unnamed lawyer whom he consulted before, as he put it, asking for charges to be laid. I can only hope that no licensed lawyer in this province would have advised the father that the fastest way to get custody and exclusive possession of the family home was to report the mother’s transgressions to the police.

      [9] I do not know with what police officers Mr. Shaw had contact at the Shelburne Police Service. I can only hope that the officers whom he saw there do not believe that complainants in criminal matters decide whether charges are, or are not, to be laid.

      Comment

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