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National > Abuse of Older Adults > Restraining Orders:

My aunt does not fit within the definition of victim in our province's laws on family violence. I am worried about her being abused by her son and I want to help her quickly get a court order to keep him away from her. Is there anything I can help her do?

In an emergency situation, an application can be made for a restraining order without giving the other person notice, so that the order may even be available that same day. This is called an "ex parte" application. If an order is granted on an ex parte application, the court will give a future date when it will review the order. In the meantime, the order will be effective as long as a copy of the order is served on the respondent, in your aunt's case, her son.

 


WARNING: The contents of these FAQs are intended as general legal information only.
If you have a personal problem, please consult a lawyer.

January 2006
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