Sentences with phrase «of the family violence order»

You must tell the courts of any relevant family violence orders and file a copy of any family violence orders as they may affect the court orders, particularly orders about a child spending time with a parent or other person.
(1) A party to a proceeding who is seeking a parenting order in relation to a child must file a copy of any family violence order affecting the child or a member of the child's family.
(2) However, if a copy of a family violence order is not available, the party must file a written notice setting out:
(2) If a court is exercising the power under section 68R in proceedings to make an interim family violence order or an interim variation of a family violence order:
(1) If a party to the proceedings is aware that a family violence order applies to the child, or a member of the child's family, that party must inform the court of the family violence order.
(2) If a person who is not a party to the proceedings is aware that a family violence order applies to the child, or a member of the child's family, that person may inform the court of the family violence order.
(1) If, in proceedings to make an interim family violence order or an interim variation of a family violence order, the court revives, varies or suspends an order, injunction or arrangement under section 68R, that revival, variation or suspension ceases to have effect at the earlier of:
(4) The court must not exercise its power under subsection (1) to discharge an order, injunction or arrangement in proceedings to make an interim family violence order or an interim variation of a family violence order.
(3) Failure to inform the court of the family violence order does not affect the validity of any order made by the court.

Not exact matches

Every family experiences conflict, but when violence — or the threat of violence — is used against you or your children, it's time to get a restraining order.
Visitation shall be ordered unless there is a history of family violence.
(New York, NY)-- Two weeks after the tragic shooting at Marjory Stoneman Douglas High School in Parkland, Florida, American State Legislators for Gun Violence Prevention — a non-partisan coalition of legislators from across the country — announced today that lawmakers in 30 states have introduced or are planning to introduce Extreme Risk Protection Order legislation that would empower family members and law enforcement to help prevent gun vViolence Prevention — a non-partisan coalition of legislators from across the country — announced today that lawmakers in 30 states have introduced or are planning to introduce Extreme Risk Protection Order legislation that would empower family members and law enforcement to help prevent gun violenceviolence.
GVROs allow family members and intimate partners who believe a relative's dangerous behavior may lead to violence to request an order from a civil court authorizing law enforcement to remove any guns in the individual's possession, and to prohibit new gun purchases for the duration of the order.
The Magistrates» Court of Victoria and the Children's Court of Victoria issue Family Violence Intervention Orders.
This Indiana law allows a court to grant ex parte orders for protection in cases of domestic or family violence.
This is also the case in respect of domestic violence or of exclusion orders (mercifully, the former sop to The Daily Mail and assorted Tory MPs in the Family Law Act 1996, s 41 (which said that if a couple were not married then «the court [should] have regard to the fact that they have not given each other the commitment involved in marriage») has been repealed).
His experience includes managing a diverse caseload in family law, including divorce mediation and litigation, custody issues, spousal support, division of property, domestic violence, and restraining orders.
Survivors of domestic violence or sexual assault often have complex legal needs involving protective orders, family law cases, the Department of Child Services, and a variety of other issues.
Emergency Protection Order: An EPO is a way to address the immediate safety of victims of family violence.
No contact / restraining orders After a report of domestic violence that leads to a criminal charge, it is common for a no - contact order and / or an order requiring the accused to vacate the family home to be issued.
Liz is known and respected across the state for her expertise in managing high - conflict custody disputes dealing with significant issues; family violence, child support enforcement actions, modifications of previous orders, grandparent rights, termination and paternity issues.
People accused of family violence may be ordered not to contact their spouse.
In order to be a victim of domestic violence, you must be at least 18 years old and the spouse, ex-spouse, boyfriend, girlfriend, roommate, family member, caretaker, or anyone else who has lived with the offender.
The Emergency Protection Order Program is for those who have been the recipient of family violence and are seeking immediate protection from further harm.
Our Lasting Solutions Family Law Program supports families experiencing sexual and domestic violence by providing legal education and help, including orders of protection, divorce and child custody.
Immigration Law Violence Against Women Act (VAWA) Self - Petitions U-Visa T - Visa I - 751 Removal of Conditions / Waiver of Joint Filing Requirement Naturalization & Citizenship Family Petitions Green Card Renewal DACA (Initial Requests and Renewals) Consular Processing Employment Authorization Freedom of Information Act (FOIA) Requests Change of Status Domestic Violence Restraining Orders Enforcement of Support Orders or other Judgments
Note: If the assault was by a family member and there is fear of immediate violence, an Emergency Protection Order (EPO) may be appropriate.
Our lawyers collaborate with local and regional legal services organizations on a host of projects, including: representing victims of domestic violence at final hearings on protective orders; staffing and operating walk - in clinics for indigent clients; handling intake of new clients for organizations; and training volunteers to handle cases in areas such as immigration, asylum, elder law, domestic violence and family law.
Attachment and Garnishment Bankruptcy Basics Car Repairs Debt Collection Family Medical Leave Act for Victims of Domestic Violence How to Buy a Used Car Collection Proof Know Your Rights — Domestic Violence Legal Aid Center of Southern Nevada Brochure Legal Aid Center of Southern Nevada Brochure (Spanish) Protection Order Enforcement Social Security Disability Special Education
It specifically recommend earmarking funds in the Canada social transfer for civil legal aid in order to ensure that women have access to family justice with a particular emphasis on victims of violence, indigenous women, and women with disabilities.
• Make certain marital settlement agreements and pre - or post-nuptial agreements are properly prepared; • Identify tax issues which may affect the distribution of marital property and the payment of child, spousal or family support; • Help you effectively deal with complex legal issues involving community property laws; • Negotiate or mediate the difficult and emotional issues relating to legal separation, dissolution of marriage and child custody; • Protect clients who need restraining orders for domestic violence; • Handle matters relating to modification of child custody, spousal support or child support; • Offer a collaborative process enabling clients to resolve their issues without court intervention.
Specific topics which have been covered in recent conferences include judicial ethics; interpreters; delivering reasons for judgment; assessing credibility; social media; technology and search warrants; managing a provincial offence trial; effectively communicating an oral judgment; risk assessment and indicators of lethality at bail hearings; the Youth Criminal Justice Act; eye - witness identification; conducting pre-trials; specific issues at trials of regulatory offences; fly - in - courts, residential schools; application of Gladue principles; mistrials and bias; accident reconstruction; search warrant issues; domestic violence issues; orders for examination under the Mental Health Act; child apprehension warrants under the Child and Family Services Act; evidentiary issues; discrimination and harassment in the workplace; stress management; and pre-retirement planning.
For the purposes of applying for a domestic violence protection order, it can be any person who is accepted as a member of your family.
The PAFVA enables «family members» to obtain emergency protection orders (EPOs) on an ex parte basis (i.e. without notice to the respondent) in circumstances where «family violence» has occurred, the claimant «has reason to believe that the respondent will continue or resume carrying out family violence», and «by reason of seriousness or urgency, the order should be granted to provide for the immediate protection of the claimant and other family members who reside with the claimant» (section 2).
This means that judges hearing restraining order applications are not restricted to granting orders to «family members» in circumstances of «family violence» as defined in the PAFVA.
Family Law Divorce Child Support Child Custody Domestic Violence / Stalking Orders of Protection
However, regardless of whether the victim is also a tenant or not, the perpetrator who is a tenant is entitled to keys and to access unless the victim has a protection order with a condition for exclusive possession of the residential premises under the Protection Against Family Violence Act, RSA 2000, c P - 27 (PAFVA) or other legislation discussed by Professor Koshan.
Unlike the civil protection order legislation in some other Canadian jurisdictions (see e.g. BC, Manitoba, and Nunavut), and contrary to the recommendation of the Alberta Law Reform Institute (Protection Against Domestic Abuse at 54 - 55), the PAFVA does not include emotional or financial abuse in its definition of family violence.
As a practical matter, victims of domestic violence who are granted protection orders providing for conditions such as exclusive occupation or possession of the family home should advise their landlords of such, and preferably provide them with a copy of the order, particularly if they wish to change the locks or make arrangements to take over the residential tenancy agreement.
Queen's Bench Protection Orders («QBPOs») are available on an application to the Court of Queen's Bench, when a justice determines that the claimant has been the subject of family violence (section 4).
As noted above, one of the motivations behind the PAFVA was to make it easier for victims of family violence to obtain emergency protection than the previous system of common law restraining orders had allowed for.
After family court proceedings decided that child A was at risk of violence from her father, an interim care order was implemented and A was moved to foster carers.
Most provinces and territories in Canada now have legislation providing for emergency protection orders in cases of family violence.
The Indiana Criminal Justice Institute, Indiana State Police, and the Supreme Court have partnered to create an electronic registry of protection orders to speed the processing and facilitate the communication of these important orders, helping to protect victims of violence and their families.
These rules amend the Family Proceedings Rules 1991 following the amendment of the Family Law Act 1996 by the Domestic Violence, Crime and Victims Act 2004 to provide that breach of a non-molestation order is a criminal offence and to limit the power of the court to attach a power of arrest to an occupation order only.
The Act provides options to a person who has experienced violence in a family situation including the option of obtaining from a court a restraining order, a peace bond, an emergency protection order, a Queen's Bench protection order, and a warrant permitting entry.
As a result of this, practitioners have anticipated a greater need for more specific drafting of non — molestation orders (see «Domestic Violence and Family Law: A New Era», Bansi Soni, Family Law Week, 13 July 2007), as opposed to the previously general form of: «the Respondent must not use or threaten to use violence against the applicant, or intimidate, pester, molest or harass the applicantViolence and Family Law: A New Era», Bansi Soni, Family Law Week, 13 July 2007), as opposed to the previously general form of: «the Respondent must not use or threaten to use violence against the applicant, or intimidate, pester, molest or harass the applicantviolence against the applicant, or intimidate, pester, molest or harass the applicant.»
«In many cases, women are fleeing from violence — from violent relationships, from family violence — and are unable to sort - of secure the assistance they need in order to navigate the system where they would be facing off against their ex-partner who has been abusive,» says Mangat, who says this could impact legal acts like getting a protection order.
Family Law Divorce Child Custody and Support Paternity Housing (landlord / tenant) Law involving Evictions Restraining Orders Domestic Violence (Long Beach and Torrance only) Civil Harassment Elder Abuse Name Changes — instructions and forms only Fee Waivers Claims of Exemption Guardianship (Long Beach only) Conservatorship (Long Beach only) Record Expungement (Inglewood only) And other limited civil areas of law
To advocate for victims of domestic violence in all family law matters including divorce, child custody, child support, restraining orders; to empower immigrants with family law issues.
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