There are numerous ways that Canadian courts can seek to limit contact between two people. If there is a threat of violence, someone can petition the court for either a protection order or a no-contact order, depending on the situation and the parties involved. Typically, no-contact orders and protection orders are issued in domestic violence cases. Knowing what your rights and responsibilities are on both ends is imperative to protecting yourself.
A Protection Order
According to the Domestic Stalking and Violence Act, if you want to petition for a no contact order, you have to prove that another person is subjecting you to domestic violence, has done so in the past, or that you believe that the respondent is stalking you or that you are in fear of violence.
You do not need an attorney to file a petition for an order of protection, and you can get an order the same day you apply if a magistrate orders it. Once the order is approved by the magistrate, then an order is given to the sheriff to serve the respondent with the no contact order. Once a respondent has been served with protection order papers, they have up to 20 days to give a response.
If you are served with an order of protection papers, it is imperative that you hire an attorney to respond, and follow the order of protection specifically as outlined; otherwise, you risk facing penalties, and in some instances jail time, for violating an order of protection.
No-contact orders are different from protection orders. In a no contact order, the judge prohibits the respondent from any contact with the protected person. There are times when no- contact orders are simple to follow, and others case when they can cause great hardship. If there are children involved, or you live with the person who petitions for the no-contact order, you could lose visitation rights or have to move from your home. If a no-contact order is due to a domestic violence case, they are very hard to fight against, and they can alter the respondent’s world tremendously.
If you fail to follow the stipulations of a protection order or a no-contact order, you will be remanded to jail at least for one night. So, although the person who petitions for the protection order or no-contact order does not need an attorney to file, those against whom the orders are served definitely need representation from an experienced lawyer from a reputed law firm like Pinxlaw .
If you are served with papers for a no-contact or no contact order, you must respond; you need to have an experienced criminal attorney who understands the complexity of protection and no-contact orders. It is imperative to understand exactly what the conditions are, to ensure that you don’t inadvertently violate the order and find yourself in severe trouble.