High-conflict family matters can become hostile and subject to strong emotions, and tensions between the parties can escalate quickly. As a result, it is unfortunately not uncommon for one party to either turn to threats or other harassing behaviour or make false accusations against the other in order to advance their own interests. Anyone facing threatening behaviour from a current or former partner should immediately seek out what is known as a restraining order. Any party facing false accusations of threatening behaviour who have become the subject of a restraining order in the midst of a family law matter should contact a family law lawyer right away in order to ensure that their rights in the family matter are protected.
Mincher Koeman has extensive experience in assisting clients facing accusations of violence intended to influence the outcome of a family law matter. Our family lawyers are experienced in dealing with applications filed under the Protection Against Family Violence Act and have substantial trial and courtroom experience. We pride ourselves on our ability to act with urgency in any matter, and particularly one requiring emergency filings, such as restraining orders. We will thoroughly review your circumstances and then put a comprehensive challenge of the restraining order before the court. If you have been made the subject of a restraining order, you may also have criminal matters pending. We can also refer you to experienced criminal counsel.
A restraining order is an order granted to a person who believes that they face a non-violent threat from any person, in this case, often a partner or former partner. The threat can take many forms and is most often related to harassment, stalking, or forced confinement. This is in contrast to an emergency protection order, which is issued in respect of threats related to physical violence and can only be issued against family members. Obtaining a restraining order is generally a longer process than an emergency protection order due to the nature of the threat, however, it is still vitally important to respond quickly. Once issued, the restraining order will have an immediate effect on the subject, preventing them from contacting their former spouse or children, either directly or indirectly. The subject of a restraining order may also be forbidden from contacting their former partner’s colleagues, extended family, and from visiting the family home. It has a dramatic impact on a parent’s ability to continue a relationship with their child and can cause irreparable damage to the parent/child relationship going forward. If you breach the restraining order, you may be subject to arrest and criminal charges.
Our lawyers have seen it all when it comes to high-conflict divorces and child custody matters. It is a sad reality that a system designed to protect those who are vulnerable to threatening behaviour from a partner or former spouse is sometimes used with bad faith to influence civil family matters instead. Our lawyers will do everything in our power to ensure that our client’s rights are protected and any damage to their reputation is limited as much as possible in such circumstances. Our founding partners, Lynsey Mincher and Andrew Koeman each have extensive backgrounds practicing criminal law before turning their focus to family law. They each possess a thorough understanding of restraining orders and how best to challenge them on behalf of their clients with the expediency the situation demands.
If your partner is attempting to skew the outcome of a family court matter using false accusations and by seeking a restraining order, the lawyers of Mincher Koeman can assist you. We will work to efficiently challenge the restraining order and ensure that you are protected. Contact our office for an emergency consultation today by calling us at 403-910-3000 or by contacting us online.
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