LWSO 335 Lecture Notes - Restraining Order, Justifiable Homicide, Affidavit
Document Summary
Domestic violence- criminal- between accused and the state. Can"t just drop charges, up to the crown. In domestic violence, cannot get restraining order, can get queens protection order or. Emergency protection order (given to people whose perpetrator was a family member) given in situation where stalking, violence, or threat of violence is happening. Victim of financial abuse cannot get this etc. must be recent, within 10 days, typically yesterday. Person cannot contact victim, go to home, contact family victims, work place. Under oath you say what happened and who you want protection from. Up until that point, the other person has no idea this is happening. If you don"t get one the other person has no idea what is happening. Contains date when it is reviewed by court of queens bench. At the review, the person can argue that it should not have happened and have it modified in some way. Some judges say that you need an affidavit act.