Experienced defence lawyer protects your liberties in Alberta
Restraining Orders are orders made by a Court that limit what a person can do in any way that the court deems appropriate. They are typically enforced by the police.
Restraining orders are intended to protect persons, businesses — even the general public— in a broad range of cases, such as alleged harassment, domestic violence threats, child abuse, assault, stalking, or sexual assault.
If a Restraining Order is filed against you, consult with a lawyer — your personal and professional life may be impacted. My name is Yoav Niv. As an experienced criminal defence lawyer in Calgary, I have helped many clients resolve matters regarding Restraining Orders. Whether you are accused of threats, child abuse, or assault, or are a victim, I can use my knowledge and skill to safeguard your rights and well-being.
I have broad experience in both defending and obtaining restraining orders.
What is a restraining order?
In Alberta, a restraining order is essentially a court order designed to offer protection and safety. A restraining order can limit:
- What you can do
- Where can you go
- Who can you contact
There is a wide range of different restraining orders. Your lawyer can review your case, determine the type of restraining order you need to obtain, and, alternatively, help you build a defence.
Types of restraining orders
There are a variety of different restraining orders in Canada. The two most common orders include:
- Emergency protection order (EPO) — When there is violence or threatening behaviour between family members, the victim may seek an EPO. However, there must be a need for immediate protection. If police are investigating a domestic violence call, they can obtain an EPO. Further, you may be removed from your home if you are the alleged offender. The victim may apply for an EPO without notifying you. The EPO can be replaced with a King’s Bench protection order later on.
- King’s Bench Restraining Order — These orders are for disputes between coworkers, neighbours, persons in dating relationships, and businesses.
If someone files an order against you, consult with a competent defence lawyer as soon as possible. Depending on the nature of your case, your liberties may be restricted, and your personal and professional life may suffer.
A Restraining Order can have a significant impact on a person’s liberty, including who they can have contact with, their actions, and where they are allowed to be geographically. In some cases, this can cause excessive hardship to the person who is subject to the Order, such as preventing them from pursuing current employment or depriving them of rights to own, use, and enjoy property.
Disobeying a restraining order can result in civil or criminal penalties.
What does a restraining order lawyer do?
When it comes to restraining orders, many lawyers focus on the alleged victim. But what about the accused? Unfortunately, it is common for people to make false accusations of domestic violence or threats to “punish” a family member, spouse, or household member. If you are on the receiving end of any type of restraining order in Calgary, a lawyer can help in the following ways:
- Protect your rights — You and the victim both have rights. Your lawyer can ensure your rights are protected at every stage of your case.
- Investigate your case — Did the alleged victim make a false claim? Is there evidence of violence? Does the “crime scene” say otherwise? Your lawyer can investigate your case, gather evidence, and interview witnesses.
- Build a defence — Lastly, your lawyer can help you build a strong defence that proves your innocence and safeguards your liberties.
A restraining order can cause serious disruptions in your life. With the right lawyer, you may be able to have the order lifted in due time.
Contact a skilled restraining lawyer in Calgary
My name is Yoav Niv, and I am experienced in seeking to obtain and defend against restraining orders in Calgary and throughout Alberta. Whether you are accused of hitting a spouse, harassing a neighbour or former girlfriend, or any other criminal behaviour, I can help you. To schedule a free consultation to discuss your case with me, call 587-968-6721 or contact me online. Office located in Calgary for your convenience.