Ontario Barrister and Solicitor Practice Exam 2025 - Free Barrister and Solicitor Practice Questions and Study Guide

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What is the procedure for applying for a restraining order?

Submit an application to the court detailing the need for protection from another individual

The procedure for applying for a restraining order involves submitting an application to the court that outlines the reasons and necessity for protection from another individual. This process requires the applicant to present evidence or a statement detailing their situation, which prompts the court to assess the need for emergency protection based on the specifics of the case. The application must typically include information such as the history of incidents that justifies the request, any threats made, and the type of protection sought.

This approach is necessary because restraining orders are legal protections issued by a judicial authority, and they require the court’s permission based on the presented evidence, rather than merely being an informal agreement or negotiation with the other party. Filing a complaint with local law enforcement, negotiating terms directly, or initiating litigation through a statement of claim are not adequate procedures for seeking a restraining order, as they do not directly engage the court's authority to issue such protective measures.

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File a complaint with local law enforcement

Negotiate terms directly with the other party involved

Complete a statement of claim to initiate litigation

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