1. Supporting an abused woman to get a restraining order A webinar presented by Pamela Cross, based on content from After She Leaves Manual: Supporting women Through the Family Court Process, a resource published by Lukes Place Support and Resource Centre available for $35.00 by contacting admin@lukesplace.caadmin@lukesplace.ca

2. What a restraining order is Some other court orders that may keep a woman safe The procedure to apply for a restraining order What kinds of evidence will support her application How to do safety planning with a woman who is applying for a restraining order Objectives This webinar will assist you in supporting a woman who is thinking about applying for a restraining order to protect herself from an abusive partner/former partner. You will learn:

3. Disclaimer This webinar provides basic information and not legal advice. It is not a replacement or substitute for legal advice or representation. Any woman considering taking any action in family court should meet with a lawyer if at all possible.

4. Some resources for women who cannot afford to pay for a lawyer include: Family Law Information Centre (at family court) Family Court Duty Counsel (at family court) Family Law Service Centre Family Court Support Worker 2-hour Family Violence Authorization certificate available from many womens shelters

5. An order from the family court, most commonly under the Family Law Act but also available under the Childrens Law Reform Act A way to keep an abuser away from his partner/former partner Can also limit or prevent the abuser from contacting the woman or the children What a restraining order is

6. What a restraining order is (contd) Can keep the abuser from the applicants place of work or the childrens school Can keep his friends or family from calling on his behalf Can keep the abuser away from the womans home or anywhere she is living

7. Can get a restraining order against a spouse, former spouse or common law partner Can protect woman as well as her children What a restraining order is (contd)

8. Some other court orders that can keep a woman safe Peace bonds Bail conditions Probation conditions Exclusive possession of the matrimonial home No-trespass letters

9. The procedure to apply for a restraining order Start with an Application (Form 8) Can be part of a larger application or can stand alone Can be brought as a motion or emergency motion Order will be made if judge determines her fear is reasonable Standard of proof is on a balance of probabilities

10. The procedure to apply for a restraining order (contd) Order will be made on a standard form order To be enforceable, order needs to be specific and detailed Entered onto CPIC Breach can result in criminal charge Restraining order may be helpful even if other order(s) already in place

11. Kinds of evidence that will support her application Woman needs to convince judge that her fear is reasonable Womans own evidence of history of abuse Documentation of stalking or harassing behaviour Pre- and post-separation abuse or threats

12. Kinds of evidence that will support her application (contd) Hospital or police records Photographs of injuries Witness statements Electronic evidence Threats relating to the children Detail is important

13. Safety planning When she serves him with documents When she has the restraining order If he breaches the order Important to remember that the order is just a piece of paper; it does not replace the need for an overall safety plan

14. Additional resources After She Leaves Manual: Supporting Women Through the Family Court Process, Lukes Place Support and Resource Centre, $35.00, admin@lukesplace.ca admin@lukesplace.ca A Self-Help Guide: How to Make an Application for a Restraining Order. Ministry of the Attorney General. http://www.attorneygeneral.jus.gov.on.ca/english/f amily/guides/restraining_order/ http://www.attorneygeneral.jus.gov.on.ca/english/f amily/guides/restraining_order/

15. Questions?