Canadian Law: Injunctions - complete newbie

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SUMMARY

This discussion centers on the complexities surrounding the dismissal of an interim injunction in Canadian law, specifically regarding a hypothetical scenario where an individual is barred from entering their apartment and having contact with their partner. Key points include the potential for the victim to drop the charges, which may require indirect communication through third parties, although this is legally ambiguous. Participants emphasize the necessity of consulting a specialized lawyer, particularly in criminal or civil law, to navigate these legal intricacies effectively.

PREREQUISITES
  • Understanding of Canadian law regarding injunctions
  • Knowledge of criminal and civil law distinctions
  • Familiarity with the role of legal professionals in specialized areas
  • Awareness of the implications of indirect contact in legal contexts
NEXT STEPS
  • Research the process for dismissing an interim injunction in Canadian law
  • Learn about the roles and responsibilities of criminal law lawyers
  • Investigate civil law implications related to shared living arrangements
  • Explore the legal definitions and consequences of "indirect contact" in injunction cases
USEFUL FOR

Individuals facing legal injunctions, legal professionals seeking to understand client scenarios, and anyone interested in the nuances of Canadian law regarding personal relationships and legal restrictions.

DaveC426913
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Asking for a friend. Hypothetically.

Say my friend, hypothetically, had an injunction that forbade him from entering his own apartment or having any "direct or indirect contact" with his partner.
Say there's a court date pending in a few weeks.
Let's assume it's an interim injunction.

And let's say the hypothetical processing police officer told my friend that there are ways of getting it dropped, but they're not supposed to tell him that.

The obvious one, I assume, is if the victim decides to "drop the charges" (if that's how it works).

How might my friend negotiate that if he is not even allowed to have indirect contact with his partner? Does that forbid third parties from trying to bridge the gap?

I find lots of stuff online about applying and enforcing an injunction, but not a lot getting one dismissed.
 
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I don't think we are the right platform for such a question. If one I have learned about the science of law, then it is that they use a language of their own, a language which has little to do with logic. Furthermore, "indirect" might mean different things in different cases. I cannot imagine that anyone else but a lawyer can answer such questions.
 
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fresh_42 said:
I cannot imagine that anyone else but a lawyer can answer such questions.
totally agree
 
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fresh_42 said:
I cannot imagine that anyone else but a lawyer can answer such questions.
I hear ya.

Response from my lawyer's office: "He's not that kind of lawyer. He knows absolutely nothing about areas outside his expertise."
 
gleem said:
Look right here for you answer. https://www.justanswer.com/canada-law/
Are you nuts?? :wideeyed: Those 'get your answer here' sites are a total scam.
1. They require your email before you can proceed.
2. They have only one response: 'Sorry, your question cannot be answered here. We will contact you by email'.
3. Then they spam the crap out of you.
 
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DaveC426913 said:
I hear ya.

Response from my lawyer's office: "He's not that kind of lawyer. He knows absolutely nothing about areas outside his expertise."
Ask a criminal law lawyer, if that is what this case could be.
Or, perhaps it is a civil matter ie such as a problem with the share of the rent, which would be under provincial jurisdiction rather than national.
They do practice in particular specialized areas of law, as do most other professions ( ie foot doctor )
 

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