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Restraining Order Template Without Notice Alberta In Queens
Category:
State:
Multi-State
County:
Queens
Control #:
US-000299
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Word;
Rich Text
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FAQ
You may qualify for an Emergency Protection Order. A court application made without notice to the other party is called an ex parte application.
In Alberta, Rule 10.52 of the Alberta Rules of Court sets out specific possible punishments for a finding of civil contempt, including court costs, fines, restrictions on continuing with court actions, and ultimately imprisonment (i.e. jail).
In exceptional circumstances, the Court may grant an ex parte interim Parenting Order. This is an order that does not require the other parent to be notified about the court date when it is granted. An ex parte interim order will remain in effect until the next court hearing.
What age can a child refuse to see a parent in Alberta? There are some situations where a child may not want to see one of their parents anymore after– or during– a separation or a divorce. If the child is aged 14 or over, you can no longer compel them to see the parent that they do not want to see and interact with.
If a Restraining Order is breached, the respondent is arrested and held until hearing before a Queen's Bench Justice – usually the next morning. If found that they did breach the order, they can be fined or jailed.
However, in Alberta, one parent can't legally withhold a child from another parent if they have joint custody or visitation rights. When this happens, applying for or enforcing a parenting or contact order may become essential.
If the judge or referee believes you have adequately established the elements of a restraining order (more on that below), it can issue a temporary restraining order. If the order is issued without notifying the other person, it's called an ex parte order.
The specific elements you need to prove to get a restraining order vary from state to state, but in general, you need to show: A specific instance or instances of abuse or harassment (such as sexual assault by an intimate partner) The threat of violence or of further abusive behavior or harassment.
You can apply for a Restraining Order against any person who has made you afraid for your safety through actions such as: personal injury, property damage, or intimidation. failure to provide food, shelter, or medical attention. threats that cause reasonable fear of injury or property damage.