Ending a marriage is typically a traumatic experience for any spouse in Ontario. If that person was a victim of domestic violence and abuse during the marriage, the trauma could continue even after the divorce is finalised. However, a restraining order could be obtained from the family law court.
Because some people use false accusations of abuse as a revenge weapon, the court will have to be convinced that the applicant for a restraining order has valid reasons for fearing a former spouse. Restraining orders can be temporary or permanent — although permanent orders are rarely issued. Nevertheless, if the applicant has sufficient evidence to show the court a real threat of violence, the judge may issue a permanent restraining order.
Demonstrating that there is a real threat to that person’s safety allows the judge to examine the aspects of subjective reasonableness as opposed to objective reasonableness. That would require the spouse to prove to the court that any other person could fear his or her ex. This is more challenging to show because the person seeking the restraining order will likely base the fear on abuse suffered during and after the marriage.
Sometimes, people remain in life-threatening circumstances out of fear of former spouses or abusive partners. However, with the support and guidance of an experienced Ontario family law lawyer, a restraining order might be obtained for protection. A lawyer can advocate for the applicant and motivate the need for protection whether it is a permanent or temporary restraining order that is sought. Source: lukesplace.ca, “What is required to obtain a permanent restraining order?“, Accessed on May 19, 2017