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 become violent or to make an accusation of violence against the other in order to advance their own interests. Anyone facing an immediate threat of physical violence by a current or former partner should immediately contact the police and seek out what is known as an emergency protection order and contact a family lawyer to assist them in protecting themselves and their family. Any party facing false accusations of violence who have become the subject of an emergency protection order in the midst of a family law matter should contact a family law lawyer right away in order to ensure that their rights are protected.
At Mincher Koeman, our lawyers have extensive experience in assisting clients involved with family violence. Whether you are an individual facing accusations of violence intended to influence the outcome of a family law matter or you have been subject to violence, we 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 quickly in any matter, and particularly one requiring emergency filings, such as emergency protection orders. We will carefully review your circumstances and then put a comprehensive civil application in support of or a defence of the emergency protection order before the court. When it comes to an emergency protection order, if you are the Respondent you may also have criminal matters pending. We can also refer you to experienced criminal counsel.
An emergency protection order is an order granted to a person who believes that they are in immediate danger of violence from a partner or former partner. This is in contrast to a restraining order, which is issued in respect of threats not related to physical violence. The emergency protection order will have an immediate effect, preventing the subject from contacting their former spouse or children, either directly or indirectly. The subject of an emergency protection 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.
It is important to obtain legal advice promptly, as steps need to be taken before the review hearing, which is usually scheduled approximately 8 days after the original hearing occurred. If you breach the emergency protection order, you can 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 violence from a partner or former spouse can expose the victim to additional stress, or is sometimes used with malice in family matters instead. Our lawyers will do everything in our power to ensure that our client’s rights are protected and they are protected from threats or alternatively 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 emergency protection orders and how best to ensure the best evidence is before the court or to challenge them on behalf of their clients with the expediency the situation demands.
If you have been falsely made the subject of an emergency protection order in the midst of an acrimonious family matter, Mincher Koeman can assist you. We will work to quickly and effectively challenge the emergency protection 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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