How to Remove the No Contact Order in an Ontario Domestic Violence Case: Criminal Lawyer Explains

Sdílet
Vložit
  • čas přidán 27. 07. 2024
  • I get a lot of calls from domestic violence complainants who want their partner's domestic violence charges dropped. These are men and women who do not support the prosecution of their loved one and, in many cases, never wanted domestic charges to be laid in the first place.
    Like the husband, wife, girlfriend or boyfriend on the other side of the case, complainants like these want to restore the relationship. But they know that a domestic no contact order stands in the way. And they also know that breaking the order is a crime for the person bound by it.
    In this video, I explain three ways that domestic no contact orders can be removed in Ontario. I also discuss the one method that, in my opinion, remains under-utilized despite being the most powerful, and often most effective, of the three.
    Domestic violence charges are a stressful event for both sides of a criminal case. Feeling disempowered by the legal process only adds to that pain. Like all my videos, this episode was made to give Ontarians a voice by shedding light on a topic that impacts them every day in our criminal courts.
    I hope you find this video helpful. Please hit the like or subscribe button if you did, and make sure to check out the rest of our video library. As always, give us a call if you need legal advice.
    BLOG ARTICLE: "Removing No Contact Orders in Ontario Domestic Assault Cases"
    www.shaffielaw.ca/post/removi...
    IMPORTANT DISCLAIMER
    As always, none of Shaffie Law's digital content, including the materials contained on this CZcams channel or on the Shaffie Law website (www.shaffielaw.ca) is legal advice. Legal advice is based on a lawyer-and-client relationship and the unique facts of your case. If you need legal advice, contact us at the number provided below. We do not provide legal advice on CZcams.
    GET IN TOUCH WITH US
    Talk to a Criminal Lawyer: (647) 500 5186
    Email: info@shaffielaw.ca
    Our Website: www.shaffielaw.ca
    Our address: 130 Spadina, Suite 606, Toronto Ontario M5V 2L4
    RESOURCES ON DOMESTIC VIOLENCE IN ONTARIO
    ~ IF YOU ARE A DEFENDANT ~
    Shaffie Law's Domestic Violence Page
    www.shaffielaw.ca/domestic-vi...
    "Facing Domestic Violence Charges in Ontario? Do these 3 Simple Things."
    • Facing Domestic Charge...
    "Hiring the Best Criminal Lawyer for your Case"
    www.shaffielaw.ca/post/the-be...
    A Lawyer's Guide for Married Couples Facing Domestic Assault Charges in Ontario
    www.shaffielaw.ca/post/a-lawy...
    Can You get a Criminal Record or Go to Jail for Domestic Violence Charges?
    www.shaffielaw.ca/post/can-i-...
    Everything You Need to Know About Domestic Violence Charges in Ontario
    www.shaffielaw.ca/post/ontari...
    Answers to the Five Most Common Questions about Domestic Charges in Ontario
    www.shaffielaw.ca/post/domest...
    "What Happens After You Get Charged?"
    • What Happens After You...
    If you cannot afford a lawyer (Legal Aid Ontario)
    www.legalaid.on.ca/services/c...
    ~ IF YOU ARE A VICTIM ~
    "Getting Domestic Charges Dropped: the Victim's Role in Domestic Violence Cases"
    www.shaffielaw.ca/post/2019/0...
    Legal Aid Ontario: Resources for Victims of Domestic Violence
    www.legalaid.on.ca/services/d...
    If You are Experiencing Domestic Violence: From the Province of Ontario
    www.ontario.ca/page/get-help-...
    Resources for Victims in the City of Toronto
    www.toronto.ca/wp-content/upl...
    © Shaffie Law Professional Corporation 2021
    #domesticcharges #nocontactorders #ontario

Komentáře • 58

  • @kaitlyngault3987
    @kaitlyngault3987 Před 2 lety +5

    God bless you. My partner has serious mental health & addiction issues. I understand if we can't be together, but I'm looking to help save his life. This video gave me some much needed piece of mind.

    • @shaffielaw
      @shaffielaw  Před rokem

      We're so glad to hear that this video helped! We try to publish materials to clarify the legal process for Canadians just like you.

    • @jovigirl2946
      @jovigirl2946 Před 4 měsíci

      As a recovering addict, as someone working in an organization that helps people with substance abuse (for the last 5 years) and as someone who's currently in school for social service work I can tell you that you cannot "save" anyone. They have to want it. And they have to be willing to work hard for it every single day. All you can do as a loved one is gather information (and by that I don't mean for you to make it a full time job to call organizations all day every day) But once you provide information, then it's up to them.

  • @ashrafafsardost3096
    @ashrafafsardost3096 Před 3 lety

    ممنون از راهنمايهاى مفيد وجامع شما در باره قانون هاى كانادا كه اختيار همگان ميگذاريد ،سپاسگزارم

  • @adamkolm6711
    @adamkolm6711 Před 2 lety

    What if the complainant don't want any charges or a no contact. A paper has never been sent to me or a court case. Only a sherrif said no contact no 3rd party no social media contact. Yet if I see her in public at a store more then likely I wouldn't be arrested.

  • @kirandeepkaur3993
    @kirandeepkaur3993 Před 10 měsíci

    In my case its just police but I dont have money for 3rd option. Can I do it by myself

  • @randymitchem6462
    @randymitchem6462 Před 3 lety +3

    I have been looking for the application for review on the quebec sites but i cant find them. I filed for legal aid over a week ago and have yet to get an answer for my admissibility. Court date is in 3 weeks and my gf is having a very hard time dealing with my no contact order. Any info you could provide would be greatly appreciated. Thanks.

  • @louispabon1077
    @louispabon1077 Před 2 lety

    I have multiple restraining orders i need to be lifted or removed for years ago and ago what is the process i need to do

    • @shaffielaw
      @shaffielaw  Před rokem

      Feel free to call us for a free consultation. 👌🏼

  • @Miaa9494
    @Miaa9494 Před rokem +1

    What is a common law peace bond? I’m in a domestic violence case & i would love to know if there’s still no contact or is there contact?

    • @shaffielaw
      @shaffielaw  Před rokem +1

      A peace bond is a court order that contains terms and conditions binding the conduct of the person bound by it. Breaching the terms of the bond can result in additional criminal charges, and this may or may not include a no contact condition. Talk to your criminal lawyer for more information.

  • @marisacharland9469
    @marisacharland9469 Před 2 lety +3

    I thought removing the no-contact order would help my ex not get charged. So in a way we can cooperate to resolve the situation. But with research I've hear of a peace bond. And I think this is the easiest way to make sure he doesn't get charged. But it involves exactly the opposite of "resolving".

    • @vanessa-jy4so
      @vanessa-jy4so Před 2 lety

      heyy I’m currently trying to get a no contact order removed but I don’t know how or what do do can you reply back and msg me about what I should know Bc this is really frustrating

    • @marisacharland9469
      @marisacharland9469 Před 2 lety

      @@vanessa-jy4so wait till the first court date. They may ask if you want to proceed with the charges. And if those charges are not that severe, then they may let you drop them.

    • @grildcheez1504
      @grildcheez1504 Před 2 lety +2

      Sounds like the biggest abuser is the Canadian government...lol

    • @SadyaHossain
      @SadyaHossain Před 2 lety +1

      @@marisacharland9469 they will ask the victim after the first court hearing? I thought victim didn’t have any say here

    • @SANDEEPSINGH-oq8vj
      @SANDEEPSINGH-oq8vj Před rokem

      Court to my no contact order right now how many time remove

  • @W333dm4n
    @W333dm4n Před 11 měsíci +1

    Theyre trying to break ppl up thats messed up

  • @basicprogrammer6147
    @basicprogrammer6147 Před rokem

    I blocked my mother in law's phone number from calling my home phone because it rang out loud and she called every day at random times.
    She bullied my wife, her daughter.
    My wife and I argued about it, and my wife then filed for an order of protetion against me.
    The judge kicked me out of my house for 1 year.
    The 1 year is just about up.
    What are the chances the court will continue the order of protection if my wife wants the court to do so?
    Note: my mother in law and sister in law hate my guts.

  • @MiddleEastDishes
    @MiddleEastDishes Před 2 lety +3

    in your experience how long does it take on average for crown to vary a police undertaking? my partner was charged with assault and mischief. it's a first time and he has no criminal record.

  • @mustang4lifehawaii475
    @mustang4lifehawaii475 Před 2 lety

    How much do u charger upfront to hire u

  • @jmac8886
    @jmac8886 Před 3 lety +1

    Does this apply to NS?

    • @shaffielaw
      @shaffielaw  Před 3 lety +1

      Great question, J! The law is the same but the local practice may be distinct. You'll want to consult with a criminal lawyer in your province. Good luck!

  • @DawnTHappysgurl
    @DawnTHappysgurl Před 2 lety +3

    So my significant other was charged and plead guilty, he is currently serving jail time as of today 😞 he received 2 months and 3 yrs probation, with a no contact order. Throughout this whole process which started in March 2020 I have been asking the crown to remove the no contact order and now it has been extended by three years! I am absolutely frustrated that they have not taken my wishes into consideration. How can I fight this? We have been in each other’s lives for 30 years and I know that I want to talk to him and from what I am told he feels the same.

    • @osmaridelgado9705
      @osmaridelgado9705 Před 2 lety

      what did he get charged with? how bad were his crimes?

    • @VickiChristchurchNZ
      @VickiChristchurchNZ Před 2 lety +2

      They might be balancing your 'wishes' against perceived risk for your safety. Their job is to save people's lives and enforce the law, not facilitate love relationships.

    • @lifeisgood2692
      @lifeisgood2692 Před 2 lety

      @@VickiChristchurchNZ shut up

    • @lifeisgood2692
      @lifeisgood2692 Před 2 lety

      I totally understand your pain.

  • @shahidnawaz8380
    @shahidnawaz8380 Před 3 lety +2

    How much you charge to do bail variations in domestic violence

    • @shaffielaw
      @shaffielaw  Před 3 lety

      Great question. Give us a call so we can learn more about your case, Shahid.

  • @annikkamcmurchy2116
    @annikkamcmurchy2116 Před 3 lety +1

    If you can respond to this. My boyfriend got a no contact order and I miss him alot... I'm 17 hes 23 theres been many times where police came to out place before and it was because of abuse.... I miss him so much I dont know what to do but cry and be alone his court date is next month in June. Should I wait to get the no contact order lifted? Can I even ask for that myself if u wasnt the one who got the order?

    • @DevonCristina
      @DevonCristina Před 3 lety +3

      I’m in the same position. The victim can not get it lifted. You can give your consent to victim services that you want the no contact order lifted, but he has to go to the crown and fill out a variation form, and explain why he wants the no contact order lifted. And they will tell him in a few business days if they agree to it or not, and if they don’t it’ll go to trial.

    • @DevonCristina
      @DevonCristina Před 3 lety +1

      It’s also in his best interest when doing so, to get a lawyer or duty counsel

    • @vanessa-jy4so
      @vanessa-jy4so Před 2 lety +1

      @@DevonCristina hey im currently going through this and idk what to do im so confused on everything but I just want the no contact order lifted Can you reply and msg me to inform me Bc I’m really scared

    • @xkm11x
      @xkm11x Před 2 lety

      @@DevonCristina did yours get lifted after doing these steps?

    • @VickiChristchurchNZ
      @VickiChristchurchNZ Před 2 lety +1

      It sounds like he's brainwashed you into thinking he's a wonderful guy that you can't live without, and that there is nothing wrong with him abusing you. You're only 17. What are the chances he's 'the one'? Seriously, I think take the chance now to leave him safely (ring your domestic abuse helpine).

  • @user-of9cc9ts6i
    @user-of9cc9ts6i Před 2 lety +1

    How to lift a no contact order once the case is dismissed? And the unmarried casual dating parties are estranged.

    • @shaffielaw
      @shaffielaw  Před rokem

      Cases can be dismissed in a variety of ways. If there's a peace bond or other court order preventing contact between the parties, the person bound by the terms will need to return to court to get that amended. Hope this helps!

  • @Lion22628
    @Lion22628 Před rokem +1

    Can I do qoustion ?

  • @meghanwillson9479
    @meghanwillson9479 Před 2 lety +1

    How do I contact you ?

    • @shaffielaw
      @shaffielaw  Před 2 lety

      Hi Meghan, you can contact us at 647-500-5186, or info@shaffielaw.ca.

  • @Ayuchiii.3
    @Ayuchiii.3 Před 5 měsíci

    I want help , my boyfriend used to blackmail and once had choked me , the day he got arrested he broke my phone and I was so depressed as it was my mid term exam that I called 911, it’s been 10 days now and he’s in custody , he’s very aggressive and immature I would say but I don’t want to ruin his situation and mine as I’m continuously feeling bad for him , that he’s in jail coz of me , I don’t want any future with him but I can’t live normally as long as someone is in jail coz of me, can anybody help me please

    • @shaffielaw
      @shaffielaw  Před 5 měsíci

      Hi Ayusha, it sounds like you could really use some support. We recommend you visit this link: www.ontario.ca/page/get-help-if-you-are-experiencing-violence. We also recommend contacting the Barbra Schlifer Clinic in Toronto: 416-323-9149.

    • @Ayuchiii.3
      @Ayuchiii.3 Před 5 měsíci

      @@shaffielaw will Barbara clinic charge fees as well?like for consultation

    • @shaffielaw
      @shaffielaw  Před 5 měsíci +1

      They are a not for profit organization. Here is a blurb directly from their website: “The Clinic is a not-for-profit agency that provides free legal, interpretation and counselling services to women and gender diverse people of violence. The counselling department can provide confirmation of service delivery letters for counselling clients.” Wishing you the best of luck 🙏

    • @Ayuchiii.3
      @Ayuchiii.3 Před 5 měsíci

      @@shaffielaw thankyou 🙏