Domestic Violence: Getting a Protective Order

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Domestic Violence: Getting a Protective Order

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How to get a protective order:

  • Call your local advocacy group, a law office, or tell the police you want to get one. You may be able to get an emergency protective order immediately.
  • For a temporary protective order, you will probably have to see a family court judge. Tell the judge about times you have been threatened with violence or have suffered abuse. List any witnesses, including police officers, who may help your case.
  • Show the judge any evidence of physical abuse, such as photos of bruises, injuries, or damaged property.
  • Tell the judge about any prior arrests the abuser has had, or obtain the arrest reports. You may be able to get these from the police department or law enforcement office in the community where past abuse occurred.

To be eligible for a protective order, you and the other party must fit into at least one of the following categories:

  • Married, or formerly married
  • Related by blood, marriage, or adoption
  • Currently living together or must have formerly lived together
  • Currently or formerly in a dating relationship
  • The parents in common of minor children

For a protective order to work effectively, you must:

  • Inform the court of your specific safety needs, including when you are at work, those of your children, and any other particular circumstances.
  • Request custody and visitation restrictions or “no contact” orders to ensure your children's safety.
  • Call the police every time the order is violated.

If you travel to another province, check to see whether your protective order is valid in that province. Protective orders are valid across some provincial borders. Protective orders remain in effect until they are removed by the court, even if the victim consents to contact with the abuser.

Your local domestic violence program or a qualified attorney can help you get a protective order. To find the nearest program offering legal support, call the National Clearinghouse on Family Violence at 1-800-267-1291 or see the National Clearinghouse on Family Violence website at www.phac-aspc.gc.ca/ncfv-cnivf/index-eng.php.

Related Information

Credits

By Healthwise Staff
Primary Medical Reviewer Kathleen Romito, MD - Family Medicine
Primary Medical Reviewer Andrew Swan, MD, CCFP, FCFP - Family Medicine
Specialist Medical Reviewer Brigid McCaw, MD, MS, MPH, FACP - Family Violence Prevention
Last Revised June 22, 2010

This information does not replace the advice of a doctor. Healthwise, Incorporated disclaims any warranty or liability for your use of this information.