Ottawa Men's Centre

 

Peter Roscoe's Research

 

 

 

                            

                        

              

Superior Court Penalties I

                                    

                            

                                                 

                                                             

                                                                 

Criminal Restrictions, Restraining Orders, and Non Harassment Provisions

 

 

 

Proximity restrictions can be very significant in divorces. Criminal restrictions may preclude a party from returning to their home, or even the town they live and work in. Under such circumstances their spouse would automatically get interim possession of the family home and custody of children. Since interim custody or possession is a major parameter of the divorce process these restrictions may create significant inequity. It has been speculated that the high number of domestic assault allegations which have recently become a feature of divorces may at least in part be explained by the potential to gain such an advantage. Not only must accusations of criminal behaviour be taken very seriously with regards to children, but they may force the accused to undertake 2 different court actions at the same time.

 

Proximity restrictions can come from a variety of sources. Custodial parents may make rules regarding children but they can be hard to enforce. Childrens Aid and Family Services may also impose restrictions.. Supervision restrictions between a parents and children are dealt with in a separate segment which follows. This study is primarily concerned with prohibitions between spouses that may bear relation to the outcomes and rulings in their divorces. Criminal restrictions by the police and family court orders are the primary sources

 

The most typical restrictions are non contact orders directly between parties. They may also involve a distance or spatial component. Restrictions precluding third party communication is also typical in criminal actions. The court may order that specific friends or business associates cannot be contacted. Restrictions may be temporary or final. They may be imposed on one party or both. Criminal restrictions generally have some specified expiry. Court orders often require a new order to vary. Exceptions are commonly made to facilitate access or communication with regards to children. No contact orders may require specified procedures for access such as third party exchanges by a specific person, or done at a supervised access center. A breach of these restrictions may result in criminal charges or a contempt hearing.

 

113 cases that involved proximity restrictions at or subsequent to separation were identified from the database. These are often high conflict cases involving the custody of children Additional variables regarding custody and access have been noted to better facilitate analysis of effects. Relief has been defined as being where the restrictions do not interfere with the penalized party obtaining custody of their children. Removal of the restriction itself would not constitute relief if the damage had already been done by establishing the other parent as custodial. A summary of these cases outcomes can be found in Appendixes G 1, 2, 3

 

 

 

For family cases where restraining orders were an issue

 

 

 

Party

Number

of  cases

Granted against a single party

 Refused against a single party

Granted against both parties

Male

   101

     82

      5

      (14)

Female

    39

      9

      16

      (14)


 

 

 

 

 

    Party

Ordered by police

Ordered by court

Remain in place

Partially altered

Dropped

Male

    58

    24

     47

       14

      21

Female

     4

     5

      5

        4

       1

 

 

 

Party

 Spouse ..gets .house

 Sole or ..joint custody

Unsupervised .    access

 Supervised .  access

  Access terminated

Male

    62

     9

     41

       18

      8

Female

     2

     5

      2

        0

       2

 

 

 

 

Summarized in percentage terms

 

 

 

 

Party

Number

of  cases

Granted by court against a single party

Refused by court against a single party

 Ordered by Ö.police

Ordered by Ö.court

Male

   100

     83.6

     16.3

      70.7

      29.3

Female

   100

     35.7

    64.3

      44.4

       55.6


 

 

 

Party

 Spouse ..gets .house

 Sole or ...joint custody

Unsupervised .    access

 Supervised .  access

  Access terminated

Male

    75.6

     11.8

      53.9

      23.7

     10.5

Female

    22.2

     55.6

      22.2

        0

      22.2

 

 

 

% Men with Restrictions = 82 / 91 x 100 = 90.1 %

 

% Women with Restrictions = 9 / 91 x 100 = 9.9 %

 

 

 

 

 

                                                                        Conclusions

 

 

Using the criteria that gaining custody of children indicates there was little or no effect from imposition of this penalty, it must be noted that 5 out of 9 women received joint or sole custody, and the same can be said for 9 out of 82 men. After removing these cases where substantive negative onus was clearly not imparted, the statistics are as follows

 

                                            % Men with Restrictions = 73 / 77 x 100 = 94.8 %

 

                                            % Women with Restrictions = 4 / 77 x 100 = 5.2 %

 

 

In conclusion, men were penalized with proximity restrictions 9 to 1 however when inconsequential cases are removed the actual ratio is 18 to 1. 70.7 % of restrictions imposed on men were imposed by the police  compared to 44.4 % imposed on women. In family court 16.3 % of restrictions sought against men were denied compared to a rate of 64.3 % denials against women. 75.6 % of the time the wife got possession of the family home when restrictions were imposed on a man. 22.2 % of the time the husband got possession of the family home when the restrictions were imposed on a woman. 34.2 % of the time access to children was limited when the party restricted was a man, and only 11.8 % of the time did he receive joint or sole custody. 22.2 % of the time access to children was limited when the party restricted was a woman, and 55.6 % of the time she received joint or sole custody. It should be noted that only 15.4 % of cases could be dismissed as having little or no effect indicating that proximity restrictions may be a significant measure in custody disputes.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Appendix G1 ó Ontario Restraining Order Cases Studied

 

 

 

 

Sex..of

  party

                      Outcome

 

1

Stokaluk v. Stokaluk, 2003 CanLII 2252 (ON S.C.)

m

Granted due to controlling intrusive conduct of man, non dissipation order due to gambling

2

J.M.M. v. G.S.M., 2006 CanLII 6457 (ON S.C.)

m

Domestic assault, temporary retraining order still in effect

3

R. v. Nosworthy, 2003 CanLII 4940 (ON S.C.)

m

Wife seeks restraining order, calls police has man falsely charged, he resists arrests but has most other charges dropped after she admits she lied, she is charged with public mischief and convicted then conviction overturned on appeal

4

Mercieca v. Merciera, 2002 CanLII 2754 (ON S.C.)

m

Wife obtains an ex parte restraining order which precludes access alleging child is afraid of father, order changed to restraining father from taking child out of Ont, court refuses to renew after it lapses with no trouble

5

Chrysler v. Chrysler, 2006 CanLII 9596 (ON S.C.)

w

Grated due to serious allegations with some corroboration

6

Armstrong v. Armstrong, 2004 CanLII 12100 (ON S.C.)

m

Restraining order against man changed to mutual restraining order, access restored, contact at access allowed, retroactive support lump sum, imputed income

7

Wozniak v. Brunton, 2006 CanLII 273 (ON S.C.)

 

w

Wifes access to child terminated for bizzare criminal behaviour including child abduction, restraining order from family cut from 500 m to 100 m

8

Young v. O'Neil, 2003 CanLII 2370 (ON S.C.)

m

Granted as after separation man leaves phone messages and goes in house to take photos as evidence of differential living standards, income imputed

9

T. S. v. E. J. S., 2002 CanLII 2851 (ON S.C.)

m

Granted for wife and child, man convicted of domestic assault, mans application to extend time limits for equalization dismissed, claim for access dismissed, wifes application for spousal support allowed to proceed, mans assets frozen

10

Berzins v. Straughan, 2002 CanLII 2695 (ON S.C.)

m

Granted but award for damages denied, husband convicted of assault, daughter testifies, wife has custody,

11

Romanenko v. Stolarsky, 2005 CanLII 9677 (ON S.C.)

m

Granted, the applicant has sworn to fear and 1 year order to let the respondents anger abate, 49 K equalization payment to go to FRO to secure support, arrears of retroactive support order varied, 11K cost penalty

12

Hamilton v. Hamilton, 2005 CanLII 47744 (ON S.C.)

 

m

Interim restraining order granted, denied at trial, contempt for disclosure, 10 K cost awards

13

Roach v. Kelly, 2003 CanLII 1991 (ON S.C.)

m

Man convicted of harassment, wife cuts his access to his child, man beats up wifeís boyfriend and is put in jail, restraining order access to child terminated.

14

L.A.G. v. M.E.F.G., 2004 CanLII 53222 (ON S.C.)

m

Restraining order granted, 16 charges related to protesting divorce laws, wife the complaintant, convicted of assault and threatening wife, flagrant disregard for court orders and judicial system, imputed income, supervised access to children cut

15

S.D. v. T.D., 2005 CanLII 23681 (ON S.C.)

m

Restraining order, pleadings struck, ex parte motion, supervised access

16

Stajkowski v. Stajkowski, 2004 CanLII 26185 (ON S.C.)

m

An order restraining man from interfering with wifes relationship with children

17

Mwangi v. Wahome, 2004 CanLII 48888 (ON S.C.)

m

Interim restraining order due to history of assaultive behaviour,, wife gets custody, 1.5 K per month total support

18

J.P.M.P. v. G.W.F., 2003 CanLII 2337 (ON S.C.)

m

Restraining order at motion without notice, complaints by both parties to the Childrens Aid and police, his gun seized by police, wife gets custody

19

R.P.H. v. V.M., 2003 CanLII 2109 (ON S.C.)

m

Restraining order for drunken abuse, police called, wife gets custody

20

 

DeMarco v. DeMarco, 2005 CanLII 6389 (ON S.C.)

m

Wife gets restraining order continued

21

Dasilva v. Dasilva, 2004 CanLII 5043 (ON S.C.)

 

m

Wife gets restraining order and custody, 1.8 K per month total support

22

Buttarazzi v. Buttarazzi, 2005 CanLII 5869 (ON S.C.)

m

Arrested for assault, he says she assaulted him, wife gets custody, 10 K per month total support, 116 K in arrears

23

Beaumont v. Beaumont, 2003 CanLII 2056 (ON S.C.)

m

Restraining order for wife and not to seek information from others, 5 K recognizance in case of breach

24

Maratib v. Zafar, 2005 CanLII 19842 (ON S.C.)

m

Restraining order, wife claims abuse, wife gets custody, limited supervised access, Childrens Aid requests anger management course, 143 K from equalization held in trust for wife, 4.5 K costs

25

L.L.B. v. D.A., 2002 CanLII 2769 (ON S.C.)

m

Ex parte restraining order, then complaint to Childrens Aid gets second restraining order and access temporarily suspended, wife gets custody and is allowed to move to Manitoba

26

R.J.J. v. K.R.J., 2004 CanLII 34359 (ON S.C.)

m

Wife gets ex parte restraining order and limited supervised access for husband

27

Richards v. Richards, 2005 CanLII 3398 (ON S.C.)

m

Man charged with threatening wife, wife gets custody, man says he has no income, imputed at 60 K, 1.9 K per month total support, 50 K equalization

28

Mondino v. Mondino, 2004 CanLII 21293 (ON S.C.)

m

Man subject to restraining order, ousts wife from house, wife gets custody, 2 K per month total support

29

Taylor v. Taylor, 2004 CanLII 42952 (ON S.C.)

 

m

Wife gets 2 restraining orders, man in jail for third time misses trial, 19 K equalization, 10 K compensatory support

30

Warren v. Gilbert, 2006 CanLII 16488 (ON S.C.)

m

Restraining order, 100K bond, man complains about justice system, wife gets custody 90 K equalization held in trust as security, 10 K support arrears, imputed income

31

Lanfrey v. Lanfrey, 2003 CanLII 2162 (ON S.C.)

 

w

Both parties ask for restraining order, mans claim is accepted wifes claim dismissed, wife gets custody, wifes child support claim dismissed but reinstated on appeal.

32

Belcastro v. Belcastro, 2004 CanLII 10991 (ON S.C.)

m

Restraining order, police visit to get personal items, wife gets custody, underemployed, mans stated income doubled by court

33

J.R. v. J.G., 2005 CanLII 14983 (ON S.C.)

m

Restraining order for threatening, police assistance in retrieving items refused, mans contempt motion dismissed as he violated court orders

34

Roscoe v. Roscoe, 2003 CanLII 2037 (ON S.C.)

 

m

 Wife gets restraining order from false assault allegations, man acquitted, court gives wife permanent restraining order, strikes pleadings, wife gets custody, imputed income, intentionally unemployed

35

A.J.K. v. S.L.M., 2003 CanLII 1969 (ON S.C.)

m

Restraining order for assault, wife requests it be made permanent denied, wife makes 2 unsubstantiated complaints to Childrens Aid, third party child exchanges, wife asks for access to children terminated or limited supervised denied

36

Sh. …. C. v. G. P., 2003 CanLII 2028 (ON S.C.)

m

Domestic assault, wife given permanent restraining order, wife gets custody, man hasnít seen his children in 1 Ĺ years, 17 K lump sums, charging order on house

37

High v. Green, 2006 CanLII 4251 (ON S.C.)

m

Man convicted of assault, wife gets custody, permanent restraining order denied at trial

38

V.S.J. v. L.J.G., 2004 CanLII 17126 (ON S.C.)

m

Restraining order, wife gets custody and asks access terminated,  first unsupervised, then by parents, then supervised access center ordered, wife makes sexual assault allegation

39

Ruscinski v. Ruscinski, 2006 CanLII 9982 (ON S.C.)

m

Restraining order for assault, 5 K damages, court denies permanent restraining order, supervised access changed to joint custody with primary residence with wife, 2.3 K per month total support, wife gets exclusive possession of home

40

N.S. v.D.S., 2002 CanLII 2711 (ON S.C.)

m

Man gets 18 month restraining order for assault, says wife assaulted him too, wife gets custody, allowed to move to Nova Scotia

41

J.B.G. v. L.B., 2004 CanLII 53230 (ON S.C.)

m

Restraining order wife gets custody, answer struck, 20 K cost penalty

42

P.S. v. J.S., 2005 CanLII 16590 (ON S.C.)

m

Restraining order for assault, false sexual assault allegations, joint custody changed to sole custody to man

43

Shaw v. Shaw, 2005 CanLII 18878 (ON S.C.)

w

Non harassment order against wife, man gets custody

44

Kourany v. Salem, 2006 CanLII 15908 (ON S.C.)

m

Some restrictions on contact and a provision for police enforcement, wife gets custody, child support secured by insurance policy

45

M.M.F.1 v. G.R., 2004 CanLII 52811 (ON S.C.)

 

m

Man convicted of assault, then threats, hasnít seen son in 2 years, acess denied

46

R.W.L. v. K.A.L., 2003 CanLII 2453 (ON S.C.)

m

Man first charged with assault takes anger management, second charges, wife gets custody, third party child center exchanges, makes allegations to Childrens Aid, access cut and must take parenting class

47

Reitsma v. Reitsma-Leadsom, 2005 CanLII 47609 (ON S.C.)

m

Man convicted of assault and then breach of probation, assault used as a reason for extending spousal support

48

Ayoub v. Osman, 2006 CanLII 9309 (ON S.C.)

 

m

Man earlier convicted of assault, wife alleges and doesnít appear for trial so charges are dropped, then convicted for assaulting children, 46 K per year support

49

Schmidt v. Seidel, 2003 CanLII 2417 (ON S.C.)

m

Man acquitted of assault charges at separation, wife gets custody, claims wife is alienating children, denied an assessment

50

Monague v. Monague, 2005 CanLII 33584 (ON S.C.)

w

Wife charged with assault, takes children and leaves, wife gets custody

51

J.E.H. v. W.V.D., 2004 CanLII 16460 (ON S.C.)

w

Both parents have been convicted of assault, Wife is imprisoned and man gets custody, custody reversed to mother

52

L.P.G.M. v. J.M., 2006 CanLII 5455 (ON S.C.)

m

Man catches wife changing locks on house and sprays liquid soap on her and mother, convicted of assault, wife tries to have him arrested 4 more times, 5 Children Aids complaints by wife, wife witholds access and is in contempt, sole custody changed to joint,

53

Lindo v. Lindo, 2002 CanLII 2702 (ON S.C.)

m

Man imprisoned for assault not allowed back home, vesting order on house to wife

54

Dalgleish v. Dalgleish, 2003 CanLII 1944 (ON S.C)

m

Man convicted of assault, wife gets custody and exclusive possession of home, Wife gets 167 K equalization, imputed income

55

Sawyers v. McKechnie, 2003 CanLII 2232 (ON S.C.)

m, w

Both parents charged with assault, woman gets custody

56

Collins v. Trimble, 2005 CanLII 25109 (ON S.C.)

w

After separation wife charged with assault, man gets custody

57

G.P.M. v. S.J.F., 2005 CanLII 19840 (ON S.C.)

m

Man charged with sexual assault, acquitted but wife wins civil damages 10 K, wife gets custody, Man in arrears gets variation

58

Elrafih v. Halbouni, 2004 CanLII 15455 (ON S.C.)

m

Man convicted of domestic assault, wife gets custody

59

Sharf v. Sharf, 2004 CanLII 5765 (ON S.C.)

m

Man charged with assault, wife gets custody, 15 K per month total support

60

A.F. v. I.V., 2006 CanLII 727 (ON S.C.)

m, w

Man charged and accused dozens of times, wife gets custody then loses custody then denied access

61

Dobre v. Dobre, 2004 CanLII 17889 (ON S.C.)

m

Wife makes false allegations against man and grandparents, wife gets custody

62

Gingo v. Ginglo, 2004 CanLII 1546 (ON S.C.)

m

Man charged with assault, wife gets custody, Man must go bankrupt to erase support interest, denied variation

63

Dababneh v. Dababneh, 2003 CanLII 1959 (ON S.C.)

m

Man convicted of assault, wife gets children, equalization payment of 257 K to wife

64

David v. David, 2004 CanLII 46652 (ON S.C.)

m

Man convicted of assault, wife gets children, 4 K per month support

65

Reid v. Mulder, 2005 CanLII 38108 (ON S.C.)

m

Man charged with assault takes peace bond, wife gets custody, wife moves to Fiji

66

Hatzidemetriou v. Hatzidemetriou, 2002 CanLII 2789 (ON S.C.)

m

Man charged with assault, charges withdrawn, wife gets custody

67

Dafoe v. Dafoe, 2005 CanLII 19821 (ON S.C.)

m

Man convicted of assault, man had custody but joint custody and residence with mother in another city ordered

68

Lavigne v. MacCaskill, 2003 CanLII 2014 (ON S.C.)

m

Wife falsely alleges assault and theft, child testifies wife is abusive, joint custody

69

Maceus-Agyekum v. Agyekum, 2005 CanLII 10539 (ON S.C.)

 

m

Man convicted of assault, anger management courses, joint custody with primary residence to wife, paid 380 K equalization, 20 K lump sum retroactive spousal support arrears, 34 K retroactive child support arrears, 1.1 K per month child support

70

L.J.J.C. v. V.S.C., 2006 CanLII 3470 (ON S.C.)

m

Wife makes sexual assault allegations, man gets custody, wife is not present at trial and case is dismissed

71

Young v. Young, 2003 CanLII 47887 (ON S.C.)

 

m

Man gets 3 years for assault, access denied and grandparents access denied

72

B. P. v. T.-L. P., 2003 CanLII 2446 (ON S.C.)

 

m

Man convicted of sexual assault on daughter, access terminated

73

Sovereign v. Sovereign, 2004 CanLII 5087 (ON S.C.)

m

Wife alleges assault and moves to shelter violating court order, wife gets custody

74

Blackwell v. Burden, 1996 CanLII 4896 (ON S.C.)

m

Man charged with assault, wife gets custody and denies access, requests to move and custody is given to father

75

Marchese v. Marchese, 2002 CanLII 40030 (ON S.C.)

m

Man charged with assault and acquitted, wife gets interim custody

76

L.S.M. v. A.M., 2006 CanLII 13413 (ON S.C.)

m

Man jailed for domestic assault, wife claims heís a drug addict, wife gets custody, imputed income, intentionally umemployed

77

D .K. v. D. K, 2003 CanLII 2365 (ON S.C.)

m

Man charged and acquitted of assault, wife hires private investigators, wife gets custody, denies access, contempt, 2 children donít want to see man, man gets custody of third child

78

S. D. v. R. L., 2004 CanLII 6323 (ON S.C.)

m

Wife and husband are charged with assault, wife gets custody, wife moves in with boyfriend and has him charged with threats and harassment and changes locks on his house

79

K. v. K., 2004 CanLII 12506 (ON S.C.)

m

Man charged with assault, charges withdrawn, wife gets custody, 15 K per month child support

80

Hamid v. Hamid, 2003 CanLII 2128 (ON S.C.)

m

Man charged with assault, wife gets custody

81

D.F. v. J.S., 2004 CanLII 8474 (ON S.C.)

m

Man charged with assault, wife gets custody, 2.3 K per month child support

82

Anshasi v. Ramlawi, 2004 CanLII 9558 (ON S.C.)

w

Man charged with assault, no children, spousal support 1.6 K per month

83

B.T v. N.T., 2004 CanLII 6320 (ON S.C.)

m

Man accused of assaulting child of wifes former marriage signs peace bond, wife gets custody of child of marriage

84

M.I. v. J.R., 2004 CanLII 52812 (ON S.C.)

 

m

Man charged with assault, wife gets custody, wife allowed to move to japan

85

Marchildon v. Irwin, 2004 CanLII 15738 (ON S.C.)

m

Man convicted of assault, wife gets custody, termination of access denied, man must pay $ 200 extra per month on arrears of support

86

Sanders v. Lacaille, 2005 CanLII 18722 (ON S.C.)

m

Man accused of assault acquitted, no children, wife gets possession of home for 2 years and damages it when ordered to leave, wife given 40 K in constructive trust but must pay 14 K in damages and 14 K in occupation rent

87

Haaksma v. Haaksma, 2006 CanLII 2772 (ON S.C.)

m

Man charged with assault, wife gets possession of home, 775 K equalization payment, 3.5 K per month spousal support, 1 K per month arrears, costs and prejudgement interest

88

Steffler v. McComb, 2005 CanLII 25955 (ON S.C.)

m

Man charged with assault and threatening not allowed in town, wife gets custody, wife found in contempt with holding possession

89

J.L.C. v. S.B.L., 2006 CanLII 13759 (ON S.C.)

m

Man accused of being abusive and threatening lawyer and assessor, court orders termination of access and restrictions on motions

 

 

 

 

 

 

 

 

 

 

 

Appendix G2 ó Ontario Mutual Restraining Orders Cases Studied

 

 

 

 

Sex..of

  party

                      Outcome

 

1

Armstrong v. Armstrong, 2004 CanLII 12100 (ON S.C.)

m.w

Restraining order against man changed to mutual restraining order, access restored, contact at access allowed, retroactive lump sum for support, imputed income

2

Kerr v. Kerr, 2005 CanLII 16613 (ON S.C.)

m, w

Woman has called mans work, and influenced children, and called police, man has yelled and been angry , wife gets custody, 2.2 K per month total support,

3

Kirsteins v. Kirsteins, 2004 CanLII 36077 (ON S.C.)

m, w

Mutual allegations mutual non harassment order, son testifies mothers allegations arenít true, joint custody with primary residence with wife, 1.8 K per month total support

4

Purves v. Purves, 2004 CanLII 6249 (ON S.C.)

m, w

Mutual restraining order, wife gets custody

5

D. H. v. A. G. P., 2004 CanLII 53228 (ON S.C.)

m, w

Mutual retraining interim order granted , denied at trial, wife gets custody

6

Y.T. v. J.K.1, 2006 CanLII 4908 (ON S.C.)

m, w

Mutual restraining order, wife gets custody, man must post 20 K security with court until child is 15, wife allowed to move to Japan

7

Picollo v. Picollo, 2004 CanLII 50314 (ON S.C.)

m, w

Neither oppose mutual non harassment order, older sons live with man, no custody or child support order, 3.2 K per month spousal support to wife

8

G.C.M. v. P.M.M., 2002 CanLII 2753 (ON S.C.)

m, w

Mutual non harassment order, co parenting but man gets every second weekend, wife gets house, non dissipation ordered

9

Richards v. Burch, 2003 CanLII 2223 (ON S.C.)

m, w

Mutual non harassment order, both charged with assault, charges against wife withdrawn, man signs peace bond, wife gets custody

10

Jhuman v. Moakhan, 2005 CanLII 36266 (ON S.C.)

m, w

Mutual non harassment order, man is in contempt, 10 K penalty, 15 K trust for security for support to be made, wife gets custody

11

Kropf v. Kropf, 2003 CanLII 2155 (ON S.C.)

m, w

Mutual non harassment order, non dissipation order, contempt hearing for man for trial for disposing of assets, wife gets custody and 1.8 K per month total support

12

Lindahl v. Lindahl, 2005 CanLII 34583 (ON S.C.)

m, w

Mutual non harassment order, children live in home man and wife switch each week, wife moves to US and court allows her mobility while she has children

13

Swanson v. Swanson, 2004 CanLII 48679 (ON S.C.)

m, w

Mutual restraining order, wife gets custody, 80 K lump sum payment, vesting of house

14

Fair v. Fair, 2004 CanLII 16762 (ON S.C.)

m, w

Wife is charged with assault and says man assaulted her, court gives mutual restraining order, wife gets custody, 4 K per month total support

 

 

 

 

 

Appendix G3 ó Ontario Restraining Order Denied Cases Studied

 

 

 

 

Sex..of

  party

                      Outcome

 

1

Fequet v. Petelka Fequet, 2003 CanLII 2200 (ON S.C.)

 

w

Denied as there had been no recent incidents, reviewable, wife successful on other issues and gets 9 K costs

2

Palinka v Palinka, 2003 CanLII 2195 (ON S.C.)

w

Denied as no evidence the man had been abusive, 500 K life insurance as security, 2.5 K spousal support, 1.6 K for expenses

3

Mercieca v. Merciera, 2002 CanLII 2754 (ON S.C )

w

Original decree had no order but wife gets one ex parte, it lapses and court refuses to renew

4

Sgro v. Sgro, 2003 CanLII 2454 (ON S.C.)

 

w

Denied as material before court does not support the request, wife given exclusive possession of family home

5

Weening v. Weening, 2004 CanLII 9706 (ON S.C.)

 

m

Denied and wife given interim custody, Office of the Childrens Lawyer appointed for assessment and exchanges

6

Liao v. Liao, 2003 CanLII 2167 (ON S.C.)

 

w

Denied as material before court does not support order, wife gets interim custody and possession of home, 7.3 K per month total support, 20 K interim disbursement to wife

7

Jahangiri-Mavaneh v. Taheri-Zengekani, 2003 CanLII 1962 (ON S.C.)

w

Denied as no evidence to support, allegations of abusive behaviour and violent temper, wifes spousal support claim dismissed,

8

Fraser v. McKinlay, 2004 CanLII 5857 (ON S.C.)

w

Denied not enough evidence to support, wife given custody and man no access to children for discussing adult issues, wife given interim possession of family home

9

Hamilton v. Hamilton, 2005 CanLII 47744 (ON S.C.)

w

Interim restraining order granted, denied at trial, contempt for disclosure, 10 K cost awards

10

N.A. v. C. M. W., 2003 CanLII 2022 (ON S.C.)

w

Restraining order sought but not argued at trial

11

Rose v. Rose, 2005 CanLII 46401 (ON S.C.)

m

Restraining order for wife not to interfere with business denied

12

Van Bilsen v. Van Bilsen, 2003 CanLII 2012 (ON S.C.)

m

Requesting restraining order against wifes new boyfriend denied

13

Kincl v. Malkova, 2005 CanLII 25184 (ON S.C.)

w

Denied, wife alleges assault, wife gets custody

14

Lanfrey v. Lanfrey, 2003 CanLII 2162 (ON S.C.)

 

w

Both parties ask for restraining order, mans claim is accepted wifes claim dismissed, wife gets custody, wifes child support claim dismissed but reinstated on appeal.

15

D. H. v. A. G. P., 2004 CanLII 53228 (ON S.C.)

m, w

Mutual retraining interim order granted , denied at trial, wife gets custody

16

A.J.K. v. S.L.M., 2003 CanLII 1969 (ON S.C.)

w

Restraining order for assault, wife requests it be made permanent denied, wife makes 2 unsubstantiated complaints to Childrens Aid, third party child exchanges, wife asks for access to children terminated or limited supervised denied

17

High v. Green, 2006 CanLII 4251 (ON S.C.)

w

Man convicted of assault, wife gets custody, permanent restraining order denied at trial

18

Ruscinski v. Ruscinski, 2006 CanLII 9982 (ON S.C.)

w

Restraining order for assault, 5 K damages, court denies permanent restraining order, supervised access changed to joint custody with primary residence with wife, 2.3 K per month total support, wife gets exclusive possession of home

19

Vandenelsen v. Merkley, 2003 CanLII 1965 (ON S.C.)

m, w

Wife abducts children, access stopped then reinstated, requests for mutual restraining orders denied

20

 

Ruel v. Juodis, 2004 CanLII 7247 (ON S.C.)

 

w

Denied, claim man had been conducting ĎsurveillanceĎ, woman gets custody