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Contents of emergency or ex parte orders for protection

  • The emergency or ex parte order should restrain the violent offender from causing further violence to the applicant, her relatives or other relevant persons.
  • The emergency or ex parte order should provide that the police or courts may order the violent offender to stay away from the applicant and her children (and other people if as appropriate) and the places that they frequent.
  • The emergency or ex parte order should prohibit the violent offender from contacting the applicant and from arranging for a third party to do so.
  • The emergency or ex parte order should require the violent offender to vacate the family home, without ruling on the ownership of property, and to provide the applicant with the use of a means of transportation, financial assistance, counseling, shelter fees, mortgage, rent, insurance, alimony and child support, as appropriate.
  • The emergency or ex parte order should prohibit the violent offender from purchasing, using or possessing a firearms or any other weapon as specified by the court.
  • The legislation should provide that emergency or ex parte protection orders may be issued in both criminal and civil proceedings.

The UN Model Framework, IV, includes these specific provisions for emergency or ex parte protection orders:

29. The ex parte temporary restraining order may:

(i) Compel the offender to vacate the family home;

(ii) Regulate the offender's access to dependent children;

(iii) Restrain the offender from contacting the victim at work or other places frequented by the victim; (iv) Compel the offender to pay the victim's medical bills;

(v) Restrict the unilateral disposal of joint assets;

(vi) Inform the victim and the offender that if the offender violates the restraining order, he may be arrested and criminal charges brought against him;

(vii) Inform the victim that, notwithstanding the use of a restraining order under domestic violence legislation, she can request the prosecutor to file a criminal complaint against the offender;

(viii) Inform the victim that, notwithstanding the use of a restraining order under domestic violence legislation and application for criminal prosecution, she can initiate a civil process and sue for divorce, separation, damages or compensation…

32. Non-compliance with an ex parte restraining order shall result in prosecution for contempt of court proceedings, a fine and imprisonment.