Restraining Orders
In Ontario, under the Family Law Act, there are two types of restraining orders:
- orders that restrain a spouse from depleting his or her property
- non-molestation orders or orders restraining harassment
Non-Depletion Orders
The purpose of a non-depletion order is to ensure that a spouse’s rights to property are protected until final disposition of the property can be decided. For instance, when a spouse applies to the court to have the couple’s net family properties equalized, the spouse may simultaneously seek a non-depletion order. The non-depletion order prohibits the other spouse from “frittering away” the asset.
Since a restraining order can significantly affect the owner’s right to deal with his or her property, there are safeguards in place to ensure that the spouse requesting the order has a right to make the request.
Whether you want to obtain a restraining order or challenge your spouse’s request for one, it is important that you obtain experienced legal counsel in order to ensure your rights are protected.
Non-molestation Orders
A non-molestation order prevents a spouse, or former spouse, from “molesting, annoying or harassing” the person applying to the court for the order. The order may also be granted to protect the applicant’s children and can include a ban on communications.
Failing to comply with a non-molestation restraining order is a serious offence with significant penalties.
Family disputes are fraught with intense emotion.
We will help you to understand your options and navigate through this complex situation. Whether you need to obtain a restraining order, or challenge one being requested against you, we will protect your rights.
